Terms & Conditions

Last Updated: October 25th, 2024

Please read these theMakings Terms of Service (the “Terms”) and our theMakings Privacy Policy (“Privacy Policy”) carefully because they govern your use of the website located at https://themakings.com/ (the “Site”) and coaching services accessible via the Site. To make these Terms easier to read, the Site, our services are collectively called the “Services.” By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

COACHING DISCLAIMER: Coaching is not therapy or medical treatment, and coaches are not licensed therapists, psychologists, or other medical professionals. If a coach happens to also be a clinical professional, they do not act in this capacity when providing Coaching Services. The information provided on this Site and via the Coaching Services is not intended to substitute professional medical advice or treatment, and Coaches will not provide any health-related services to you as part of the Coaching Services (including without limitation diagnosing, treating, preventing, or curing any mental disorders). Always seek advice from your physician, therapist, psychologist, psychiatrist, or other qualified healthcare provider before undertaking a new health regimen, and do not disregard or delay in seeking medical aid because of information you’ve received via the Services. You are responsible for your own physical, mental and emotional choices and well-being, and you agree that the coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach.

1. Coaching Services. The Services are designed to enable users to receive coaching (“Coaching Services”). The Coaching Services may be provided by an individual coach, or may be provided directly by the Services without the involvement of an individual coach or both.

Individuals who provide Coaching Services are independent and neither our employees nor agents nor representatives. While we will evaluate our coaches to determine if we believe they meet our criteria and are otherwise suitable for providing Coaching Services, you should also assess the suitability of any coach who you might engage, because you are ultimately responsible for determining whether a particular coach meets your needs and goals.

The Services may use features that rely on automated processes and algorithms including artificial intelligence models (or similar). While we take steps to control and improve quality and helpfulness of these features, they may not meet your requirements or may be inaccurate or otherwise unsuitable for your specific use case.

2. Who May Use the Services? You may use the Services only if you are 18 years or older, capable of forming a binding contract with us, and not otherwise barred from using the Services under applicable law.
3. Accounts. For certain features of the Services, you’ll need an account. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account.
4. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.
5. Changes to these Terms or the Services. We may update the Terms from time to time. If we do, we’ll let you know by posting the updated Terms on the Site and may also send other communications, particularly if the update results in a material change to the Terms. Please review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
6. Feedback. We appreciate feedback, comments, ideas, ratings, reviews, and suggestions related to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction, including for marketing purposes, and use it without compensation to you.
7. Payments and Subscriptions (only for self-fund memberships)

(a) General. Whether you make a transaction (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for the Transaction. We may ask you for information to complete your Transaction, including your credit card number and expiration date and your email and postal addresses for billing and notification (“Payment Information”), and you may need to verify your identity. You represent and warrant that you have the legal right to use such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the Transaction (plus any applicable taxes and other charges). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges. All payments for Transactions are non-refundable and non-transferable, and all fees and applicable taxes, if any, are payable in the currency specified when making the Transaction.

(b) Subscriptions. If you purchase a Subscription, you will be charged the periodic Subscription fee, plus any applicable taxes and other charges (“Subscription Fee”), at the beginning of your Subscription and each period thereafter, at the then-current Subscription Fee. We may update the Subscription Fee at any time by posting an updated Subscription Fee to the Site or otherwise communicating the updated Subscription Fee to you, and it will become effective at your next payment. By purchasing a Subscription, you authorize us to initiate recurring non-refundable payments, and we (or our third-party payment processor) will automatically charge you on the periodic basis associated with your Subscription using the Payment Information you have provided, until you cancel your Subscription or until we terminate your Subscription. You acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Company.

(c) Free Trial. We may offer a free trial of the Subscription for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged any Subscription Fee until the Free Trial has expired. If you cancel your Free Trial prior to the expiration of your Free Trial, then your Subscription will automatically terminate upon your cancellation and you will lose access to the Subscription features unless you sign up for a Subscription. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. Subject to applicable law, at any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel the Free Trial offer.

(d) Cancellation and Refunds. Except as provided herein, all sales are final. If for any reason you’re unhappy with the Coaching Services, please contact us — we’d love to hear your feedback, and will be happy to work with you to help create the best experience possible. We will consider refund requests on a case-by-case basis, and decisions on whether to grant a refund request are in our sole discretion. You will not receive a refund of your Subscription Fee (or other amounts you have paid to us) unless we grant your refund request. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time via the functionality of the Services, but please note that such cancellation will be effective at the end of the then-current Subscription period, and you will not receive a refund of any portion of the Subscription Fee paid for the then current Subscription period at the time of cancellation. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Coaching Services will continue until the end of your then current Subscription period and will then terminate without further charges.

8. Content.

(a) Your Content. You may provide data, messages or other content (excluding Feedback). These materials provided by you or generated by the Services on your behalf are collectively referred to as your “Content”. We do not claim any ownership rights in any Content and nothing in these Terms will be deemed to restrict any rights that you may have to your Content. We will use commercially reasonable efforts to store your Content for a reasonable amount of time, but please note that we may delete such Content in connection with our data retention policies, including after a reasonable amount of time when such Content is no longer timely or relevant. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of any of your Content.

(b) Our use of Content. We may use your Content to provide the Services to you. We may also, on a perpetual and irrevocable basis, use, modify, and create derivative works of Content to operate, develop, and improve the Services. Please review our Privacy Policy to learn more about how we use your Content and your rights.

(c) Your Responsibility for Content. You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Content.

(d) Company’s Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.

9. Ratings and Reviews. After working with a coach, you may leave comments (a “Review”) and submit a rating (“Rating”) evaluating your experience in working with the coach. Reviews must be an accurate and honest portrayal of your individual experience and may not contain any offensive or defamatory language. Ratings and Reviews are Feedback, and only reflect the opinions of individual users and do not reflect the opinion of the Company. If you come across a review that you feel is misleading or may violate these Terms, please contact us.
10. General Prohibitions and Our Enforcement Rights.

(a) You agree not to do any of the following: (i) submit any Content that: (A) infringes, misappropriates or violates a third party’s intellectual property or other right; (B) violates, or encourages any conduct that would violate, any applicable law or regulation or that would give rise to civil liability; (C) is fraudulent, false, deceptive, defamatory, obscene, pornographic, vulgar, offensive, discriminatory, harassing, violent, or threatening; or (D) is an advertisement or solicitation; (ii) use, display, mirror or frame the Services or any individual element within the Services, Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Company’s express written consent; (iii) access, tamper with, or use non-public areas of the Services, Company’s systems, or the systems of Company’s providers; (iv) breach or attempt to test the vulnerability of any system or network, or circumvent or breach any security or authentication measures related to the Services; (v) attempt to access or search the Services or download content from the Services using any means other than as provided by Company or other generally available third-party web browsers; (vi) use the Services, or any portion thereof, for any commercial purpose (except for select Services where use is intended for commercial purpose), for the benefit of any third party, or in any manner not permitted by these Terms; (vii) attempt to decompile or reverse engineer any of the software used to provide the Services; (viii) interfere with, or attempt to interfere with, the Services through technical means, including, without limitation, sending a virus or DDoS attacks; (ix) collect or store any personally identifiable information from the Services from other users of the Services without their express permission; (x) violate, or encourage any conduct that would violate, any applicable law or regulation or that would give rise to civil liability; (xi) encourage or enable any other individual to do any of the foregoing; (xii) build or benchmark a competitive product or service, or copy any features, functions, or graphics of the Services; (xiii) use the Services for the development, production, or marketing of a service or product substantially similar to the Services; (xiv) use the Services in violation of any Company policy or in a manner that violates applicable laws, including anti-spam, import and export control, intellectual property, privacy, anti-terrorism, anti-bribery, foreign corrupt practices, and any other laws requiring the consent of subjects of audio and video recordings; or (xv) encourage or enable any other individual to do any of the foregoing.

(b) While we have no obligation to monitor access to or use of the Services or to review or edit any content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

11. Links to Third Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
12. Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion. We will endeavor to provide you with prior notice in the event we terminate your account, though we may terminate your account immediately in certain exceptional circumstances (such as your breach of these Terms or violation of law). You may cancel your account at any time in your account settings or contact us. Upon any termination, discontinuation or cancellation of the Coaching Services or your account, this sentence of the Termination section and the following Sections will survive: Feedback, Payments and Subscriptions (only for payments due and owing to us prior to the termination), Content, General Prohibitions and Our Enforcement Rights, Warranty Disclaimers, Indemnity, Limitation of Liability, Governing Law and Forum Choice, Dispute Resolution, and General Terms.
13. Warranty Disclaimers. THE SERVICES AND ANY COACHING SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES AND ANY COACHING SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WHILE WE TAKE EFFORTS TO ENSURE THE CONTENT OR INFORMATION ON THE SERVICES IS ACCURATE AND HELPFUL, WE DO NOT MAKE ANY WARRANTIES REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SERVICES. IN ADDITION, WHILE WE TAKE MEASURES TO ENSURE THE QUALITY OF OUR COACHES, WE MAKE NO REPRESENTATION, WARRANTIES, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY COACH FOR YOUR NEEDS OR THE RESULTS THAT MAY BE ACHIEVED. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE TRUTH OR ACCURACY OF ANY STATEMENTS MADE BY THE COACH. PLEASE EXERCISE DUE DILIGENCE AND CARE WHEN YOU WORK WITH A COACH OR COMMUNICATE AND INTERACT WITH OTHER USERS.
14. Indemnity. You will indemnify, defend, and hold Company and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your Content, or (c) your violation of these Terms. We have the right to assume the conduct of the defense at your expense, and you will not settle any claim without our prior written consent.
15. Governing Law and Jurisdiction.

These Terms of Use are governed by English law and shall be subject to the exclusive jurisdiction of the courts of England and Wales.

18. General Terms.

(a)Reservation of Rights. Company and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Company and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Company and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Company may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(c) Notices. Any notices or other communications provided by Company under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

(d) Waiver of Rights. Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

19. Contact Information. If you have any questions about these Terms or the Services, please contact us.