Terms & Conditions

Terms of Service

Our services are provided by Piloted Performance Ltd. ("us", "we", “our”), an Alberta corporation, for use by our clients (the "Client", "you"). As a Client, you will have access to certain content and services, and we look forward to working with you based on the terms and conditions listed below. Please read all the terms before indicating acceptance. These terms are a legal agreement between us. By accessing and using our services, content, and any updates, you accept these terms. If you do not accept them, you are not authorized to use our services or content. You are bound by these terms even if you do not read all the terms.
By accepting below, you accept these Terms of Service.

1.0 DEFINITIONS

1.1 "CHPC Materials" means the proprietary materials, templates, and concepts from High Performance Institute's CERTIFIED HIGH PERFORMANCE COACHING™ program;
1.2 "Client" means the individual user, or the licensed organization, who accesses and uses the Content or Services;
1.3 "Content" includes the CHPC Materials, any course content made available by us, related resources such as newsletters, slides, videos, and worksheets, and any updates released by us;
1.4 "Fees" means the amounts invoiced by us for the Content and Services;
1.5 "Services" means our 1:1 coaching, group coaching, consulting, speaking, and/or workshop facilitation services provided to Clients (including online or in-person or hybrid one-on-one or group sessions) and any newsletters, and other membership benefits provided to Clients from time to time.

2.0 CONTENT & SERVICES

2.1 Provision of Content & Services. We provide general personal development coaching, speaking services & facilitation of workshops & events. As a Client, you will have access to the Content and Services corresponding to the package or resource shown in the invoice issued by us:
(a) Access to Content: The Content is licensed (not sold) to you as the Client. You have a right to access and use the Content, conditional upon your compliance with these terms, and payment of any Fees. Your right to access and use the Content is subject to certain conditions: it is only for personal, non-commercial purposes, and is a non-exclusive and non-transferable license. There are other reasonable use restrictions in these terms.
(b) Provision of Services: We will provide the Services to you as the Client, conditional upon compliance with these terms and payment of any Fees. We will provide the Services corresponding to the course, session, package, or resource shown in the invoice issued by us.

2.2 Client Responsibilities. You accept responsibility for:
(a) Your use of the Services and Content, and assessing the suitability of the Services and Content for your own requirements.

3.0 PRIVACY

3.1 Personal Information. Privacy is very important to us. Clients grant permission for us to collect and store certain data for the purposes of providing the Services, as permitted under these terms and our Privacy Policy. We collect the personal information as listed in our Privacy Policy, which is incorporated by reference into these terms. We agree to adhere to all applicable privacy laws with respect to the collection, use or disclosure of such personal information.

4.0 FEES

4.1 Fees.
(a) The Client agrees to pay a flat fee for the online coaching services.
(b) The Client is responsible for the payment of Fees for the use of the Services or Content, as invoiced by us.
(c) Payment using a credit card.

4.2 Refunds, Cancellations & Payment Terms
(a) All Sales Final: Unless otherwise expressly stated in writing, all Fees are non-refundable. By purchasing any Content or Services, the Client acknowledges and agrees that all sales are final, and no refunds, partial refunds, credits, or cancellations will be issued for any reason, including but not limited to change of mind, non-participation, or inability to attend live sessions.
(b) Payment Plans Are a Commitment: If the Client selects a payment plan, the Client understands that the payment plan is a contractual obligation to complete all payments. Payment plans are not cancellable for any reason, and the full amount is due regardless of the Client’s participation or level of engagement.
(c) Failed or Late Payments: If any payment fails or is declined for any reason:
(i) The Client authorizes us to automatically re-attempt the charge;
(ii) The Client agrees to provide an updated payment method upon request;
(iii) Access to Content or Services may be suspended until payment is successfully processed; and
(iv) Any amounts outstanding for more than 7 days may accrue interest at the maximum rate permitted under Alberta law. We reserve the right to refer unpaid accounts to collections.
(d) Chargebacks and Payment Disputes: Client agrees not to initiate a chargeback or payment dispute with their financial institution. The Client understands that doing so is a breach of these Terms of Service. If a chargeback is initiated, we reserve the right to:
(i) immediately revoke access to Content and Services;
(ii) dispute the chargeback with documentation of the Client’s acceptance of these terms; and
(iii) pursue all available remedies to recover amounts owed.
(e) Guarantees: Unless explicitly stated in writing in the specific program description, we do not offer any satisfaction guarantees, performance guarantees, or results guarantees. Coaching outcomes depend on individual participation, effort, and implementation.
(f) Cancellations by Client: If the Client chooses to cancel their participation for any reason, all Fees remain due and payable, and no refunds or credits will be issued. Written notice of cancellation is required but does not waive the Client’s financial obligation.
(g) Program Rescheduling or Changes: We reserve the right to reschedule sessions, modify program components, or make reasonable adjustments to Content or Services as needed. If we cancel a program entirely for reasons not related to Client breach, we will issue a proportional refund for any undelivered portion.

5.0 RESTRICTIONS

5.1 Restrictions. Client shall not, and shall not authorize any third party to:
(a) Make unauthorized copies of any Content, or provide access to any of the Content to others;
(b) Modify, decompile, disassemble, translate, create derivative works, access the source code, hack, decrypt, rename files, or otherwise reverse engineer the Content;
(c) Incorporate any portion of the Content into any products which will be sold, licensed or transferred to a third party;
(d) Use the Content in connection with a computer-based service business for others, or display the visual output of Content for others;
(e) Distribute, sell, lease, transfer, assign, trade, rent, lease or lend the Content or publish, license, sublicense or cross-license the Content or any part thereof and/ or copies thereof to others;
(f) Use the Content or Services or any part thereof in violation of any law or regulation, or for any purpose other than as expressly permitted in these Terms of Service;
(g) Distribute screen shots, or disclose to a third party the results of any benchmark test of the Content or Services;
(h) Permit any person to use or access the Content or Services, other than authorized users who are specifically authorized by us; or
(i) Copy, misuse or duplicate the layout and design of the Content.

5.2 CHPC Materials. You acknowledge that High Performance Institute owns its proprietary materials and concepts, and you agree not to duplicate or distribute such materials, or remove any copyright or trademark notices from those materials.

6.0 DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY

6.1 DISCLAIMER OF WARRANTIES. You agree to take responsibility for your own personal development, and what you choose to do with the Content and Services that we provide. The Content and Services are provided to you "as is" and any use of the Content and Service by Client is at your own risk. We hereby disclaim all warranties, representations, and conditions, whether express, implied or statutory, including but not limited to any implied warranties, representations or conditions of merchantability, fitness for a particular purpose, title or non-infringement.
WE PROVIDE CERTAIN COACHING SERVICES AND CONTENT, AND WE PROVIDE ACCESS TO INFORMATION, BUT WE ARE NOT A SUBSTITUTE OR REPLACEMENT FOR THE ADVICE OF A FINANCIAL PLANNER OR FINANCIAL ADVISOR, OR A REGISTERED PSYCHOLOGIST, PSYCHIATRIST, THERAPIST, OR OTHER HEALTH CARE PROFESSIONAL. WE DO NOT OFFER PROFESSIONAL LEGAL, FINANCIAL, HEALTH, TAX, THERAPEUTIC, OR PSYCHIATRIC ADVICE OR TREATMENT.

6.2 ACKNOWLEDGEMENT OF RISK. Client acknowledges and agrees that the Services may utilize, in whole or in part, public internet and third-party networks to transmit communications, and the use of the internet involves certain inherent risks – for example, email or internet transmissions may be intercepted by other parties. While we take reasonable precautions, any communications through the internet cannot be guaranteed to be free from security risks. We are not responsible for third-party software or hardware vendors, or technology systems beyond our control (such as your own computer systems), third-party service providers (such as your internet service provider), or the conduct of other participants in any group session. We disclaim all liability in connection with any third-party vendors, providers, or other participants. We disclaim all liability in connection with failures or limitations in telecommunications services, cellular networks, or the internet.

6.3 LIMITATION OF LIABILITY. In no event will we be liable for any consequential, exemplary, incidental, or indirect damages, or economic loss, including but not limited to lost profits, in connection with the use of the Content or Services by Clients, or in connection with these terms, even if Client has been advised of the possibility of such damages. In no event will our liability in connection with the Content or Services or anything else under these Terms of Service exceed, in the aggregate, the amount of the Fees paid by the Client.

7.0 TERM & TERMINATION

7.1 Term. These Terms of Service apply when you purchase online Content or Services, or attend in-person courses, classes or sessions with us, and they apply unless terminated under these Terms of Service (the "Term").

7.2 Termination by Client.
(a) If you terminate without any reason, any prepaid amounts are non-refundable, and all monies owed to us will be due immediately.

7.3 Termination or Suspension by Us. We have the right to suspend access to the Content or Services in the event of any delay in payment of Fees. We also have the right to terminate and suspend access (a) immediately and without notice if Client is in breach of any material term of these Terms of Service; (b) without cause on written notice to the Client. If we terminate without any reason, we will refund the proportional amount of any prepaid Fees corresponding to any remaining term.

7.4 Effect of Termination. Any termination is in addition to and not in lieu of any legal remedies otherwise available to the terminating party. Upon termination of these Terms of Service because of a breach by the Client, then the Client will cease all use of Content and Services. If the termination or expiry comes at the conclusion of the Services (for example, at the end of the coaching program), then as the Client you may use Content for your personal, non-commercial use as permitted in Section 2.1.

8.0 GENERAL TERMS

8.1 Entire Agreement. These Terms of Service are the entire agreement between the parties. Except as otherwise agreed in writing, neither party has relied on any representations or warranties that are not made in this agreement.

8.2 Jurisdiction and Governing Law. This agreement shall be construed and governed by the laws of the Province of Alberta and the laws of Canada applicable therein without reference to its conflicts of law principles. The parties agree to submit to the exclusive jurisdiction of the courts of the Province of Alberta.

8.3 Changes. On release of any update or upgrade to the Content or Services, we reserve the right to modify these Terms of Service and to impose new or additional terms or conditions on Client's use of the Content or Services. The then-current terms (including any modifications and additional terms and conditions if applicable) will be presented to the Client and will be effective immediately upon Client's acceptance of the terms and continued use of the Content or Services.

8.4 Electronic Acceptance. These Terms of Service may be agreed to by signing, digital signature, or by electronic acceptance.
[Version 06/2024]
End of Terms