TERMS & CONDITIONS

PROGRAM/SERVICE

Shay Better Coaching LLC. (herein referred to as “Shay Better Coaching” or “Company”) agrees to provide you 12 months of access to the following online programs, unless stated otherwise: “D.I.V.A. UNIVERSITY/BOSS D.I.V.A. UNIVERSITY,” “THE DIVA LOVE METHOD SYSTEM,” “POSITIVE MIND HYPNOSIS MEDITATION VAULT,” “THE SCIENCE TO ATTRACTING LOVE GUIDE,” “ONLINE DATING MADE EASY COURSE,” “ALPHA FEMALE BLUEPRINT FOR FINDING LOVE,” “THE FEMININE ACTIVATION KIT,” “THE SECRETS TO A MASTER SEDUCTRESS MASTERCLASS,” “HEAL & ATTRACT LOVE SUMMIT,” “HIGH-CALIBER MEN WEBINAR,” “BOOTCAMP,” “REMOVING YOUR LOVE BLOCKS WORKSHOP,” “ONE-ON-ONE SESSIONS,” “LOVE MAPPING CALLS,” “ONLINE DATING FOR SUCCESSFUL WOMEN,” “RELEASE THERAPY HEALING SESSIONS,” and “HERPOCKET COACH APP” (herein referred to as the “Programs” and “Services”) identified online and available through our website (the “Websites”).

This program is for anyone who would like to dissolve patterns and attachments to past relationships that are keeping them stuck, discover self‑love, date with intention and confidence, and attract a dream compatible partner. The Program includes affirmation guides, journals, workbooks, and meditations to equip you with a hyper‑magnetic mindset.

RESPONSIBILITIES

1. Coach agrees to maintain the ethics and standards of behavior set by the International Coach Federation (“ICF”)
2. Client is responsible for creating and implementing his/her own physical, mental, and emotional well-being, decisions, choices, actions, and results. As such, the Client agrees that the Coach is not and will not be liable for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
3. Client understands that coaching is not to be used as a substitute for professional advice by legal, mental, medical, or other qualified professionals and will seek independent professional guidance for such matters. If Client is currently under the care of a mental health professional, Coach will recommend that Client inform the mental health care provider.
4. Clients agree to communicate honestly, be open to feedback and assistance, and create the time and energy to participate fully in the coaching program.

PROCEDURE

The time of the coaching meetings and/or location will be determined by Coach and Client based on a mutually agreed upon time and location/communication method. The Client will initiate all scheduled calls and will call the Coach at the following number (404) 662-3173 for all scheduled meetings. If the Coach will be at any other number for a scheduled call, Client will be notified prior to the scheduled appointment time via email and/or text. The time of the coaching Zoom meetings and/or location will be determined by Coach and Client based on a mutually agreed upon time and location/communication method. If Client upgrades to the Elite package, this agreement still stands and The Client will initiate booking all scheduled calls via www.shayyourlovediva.com and will attend the private coaching calls at the Zoom link within the welcome package. Clients will be reminded of their booked appointment prior to the scheduled appointment time via email and/or text.

CHANGES TO THE TERMS OF USE

It is our sole discretion to revise and update these Terms of Use from time to time. All changes are effective immediately when we post them, and apply to all access to and use of the Websites thereafter. Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

PRIVACY

Your use of the Websites is subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

COMMUNITY GUIDELINES

1. You will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose;
2. You will not upload, post, email, transmit, or otherwise make available any content that: infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
3. You will not “stalk,” threaten, or otherwise harass another person;
4. You will not spam or use the Websites to engage in any commercial activities, and if you post any Registered User Content, you will stay on topic;
5. You will not access or use the Websites to collect any market research for a competing business;
6. You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
7. You will not interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means;
8. You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Websites;
9. You will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Websites for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
10. Serving first, always sharing and uplifting our Divahood to thrive in an environment of encouragement and self-empowerment.
11. Being a sisterhood of women attracting love who come from all backgrounds. Our community cultivates diversity in a loving atmosphere where one can all truly belong.
12. Being a support to others as we climb toward our goals, fostering self-love and acceptance, growth, and healthy relationships.
13. Unity: Teamwork makes the dream work through respect, cooperation, and accountability.
14. Providing exceptional products, services, resources, and remarkable experiences through innovation, education, and continuous self-improvement.
15. Respectful and transparent communication guided by the rule of good intention.
16. Being reliable, responsive, and engaged, we listen and seek win-win outcomes.
17. Being a community of professional women proudly seeking committed relationships with kind, honest, and loving men who value us and the femininity we embrace.
18. Fostering an environment of integrity, honesty, and trust as we respect the privacy and openness of each member by keeping what is shared within the community safely within the community.
19. Choosing a life of happiness, fun, love, self-care, and balance!
20. You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
21. You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Program, the Websites, or any portion of the Websites, without notice, and to remove any content that does not adhere to these Community Guidelines.

CODE OF CONDUCT

The Boss Diva University program is an elite and exclusive program for women serious about their healing, transformation, and improvement in their love and life results. This requires that we implement a Code of Conduct that maintains a sterile environment that is uplifting and supportive for everyone involved.

To ensure that all students understand the behavioral expectations and norms for this programming environment, we have developed a “Shay Better Code of Conduct” that all students will be expected to follow.

1. Members are expected to use respectful language when speaking and communicating through text and/or chat features. Members are not to use obscene, profane, threatening, and/or disrespectful language or images in any communication with Shay Better, staff, and/or other members.
2. All communication with other members must be course-related in nature and must be polite, courteous, and respectful. The sending of unsolicited emails and/or messages to other members is prohibited.
3. There is to be no gossiping, complaining, negative talk, or putting down of any coaches or members. Discuss struggles with intentions to discover a positive outcome or solution. Violation of this rule will result in immediate dismissal.
4. Members must always turn on their cameras while Zoom/virtual instruction is taking place. If/when this is not possible, members must receive prior approval.
5. All members must respect and follow the direction of the Coach. Arguing, dismissing, or not completing an assigned task is not allowed unless physically impossible (medical documentation provided prior).
6. During all sessions, members are required to find a quiet space, NOT IN A CAR, where they will not be distracted. No children or other distractions are allowed. No phone or computer usage. This is disrespectful and causes you to miss out on your own healing.
7. We are all here to help and support you in this journey. Choosing you and putting you first is part of the process. All members must fully participate in course work, assignments, coaching instructions, Facebook posting, and communicate with accountability partners, group members, and accountability leaders, and honestly report feedback, dating patterns, behaviors, and feelings. Not completing all assignments or being honest prevents your coach from fully assisting you in reaching your goal.
8. Every session builds into the next. Sessions are use it or lose it. All sessions are required in order to produce the ultimate results in your transformation. Members must attend 1:1 sessions, and group classes and book ALL sessions within the assigned session week, IN ADVANCE, as instructed, during designated weeks. Not doing so forfeits that session.
9. Once a Love Mastery class has begun, students are expected to remain for the entire session. Leaving a class without prior arrangement or approval from the coach, particularly due to disagreement or dissatisfaction with feedback, is unacceptable. Such actions may result in immediate dismissal from the program. At a minimum, students who leave a class under these circumstances will not be permitted to attend the next session, and the missed class will be deducted from their available sessions.
10. The Cup/Module must be completed prior to the 1:1 session and assigned homework must be completed prior to class in order to maintain a booked session. Portal progress will be verified by staff in order to maintain booked sessions. (Example: Cup of Healing is completed prior to the second 1:1 session.)
11. Due to the time-sensitive and urgent nature of Shay Better staff communication, all emails, texts, and instant messages must be answered within 48 hours. Ignoring messages terminates your warranty and will result in a warning.
12. Payment of the program is also part of the process that leads to better results. Everything we do is to prevent you from sabotaging yourself by going back to the known past. The full payment for the program must be received before the program commences. Canceling or downgrading once payment of the non-refundable deposit is received, is not an option.
13. You are granted a non-exclusive, non-transferable, revocable license to access and use the Websites and the resources available for download from the Websites strictly in accordance with these Terms of Use. The Websites contain material such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Shay Levister (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. As a condition of your use of the Websites, you warrant to the Company that you will not use the Websites or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites. No other use is permitted without the prior written consent of Shay Levister. We retain all rights, titles, and interests, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, modify, publish, reverse engineer, or transfer the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
14. For training and quality assurance purposes, we record every session. The recordings will never be used without your prior approval for any public or promotional purposes. When recording happens, members will be notified prior to the streaming or recording.

Violations of the Code of Conduct will result in a warning. Accumulating three (3) warnings will lead to class dismissal or immediate removal from the program without a refund. There are no exceptions.

CLIENT RESPONSIBILITY

The Program is developed for strictly educational purposes ONLY. Client nananta and naunan that Client is 100% responsible for their progress and results from the makes no representations, warranties or guarantees verbally or in writing.

Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. The Company assumes no responsibility for errors or omissions that may appear in any program materials.

INDEPENDENT CONTRACTOR STATUS

Nothing here creates a partnership or employment relationship. Each party remains an independent contractor with control over its personnel and methods.

SEVERABILITY / WAIVER

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

LIMITATION OF LIABILITY

Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable

Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL THE COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, OUR WEBSITE, THE PROGRAM OR ANY CONTENT OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT, SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN THE PROGRAM OR ONE HUNDRED DOLLARS (USD $100). Company assumes no responsibility for errors or omissions that may appear in any of the Program’s materials.

FEES & PAYMENT

As consideration for any purchase you make on the Websites, you shall pay Shay Better Coaching all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency.

You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Shay Better Coaching to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details. The total amount for the program will be billed every 6 months, with autopay and optional add-ons available if the client chooses to include them.

Also, should you fail to make the payment within the next seven days on your past-due balances, we will have no choice but to take legal action. If the balance isn’t paid by the next seven days, your account will also be assessed with a 3% daily late payment fee, and per the agreement you signed, will also be responsible for all attorney fees incurred in an effort to collect on your balance. Kindly note that as per our policies, we are unable to continue a business relationship with a client whose account was abandoned and has a past-due balance.

Additionally, please be aware that depending on your preferred method of payment and platform, we may collect additional fees to cover processing costs. Credit card and Apple Pay transactions will incur an additional fee of 2.9% of the transaction amount plus $0.30. American Express transactions will incur an additional fee of 3.7% per transaction plus $0.30. If you prefer to pay the original amount alone, you may reach out to a team member on how to complete the payment via wire transfer. Payments through a funding platform will cost an additional 6% of the total applied amount. Additionally, please note that the fees mentioned above are subject to change without prior notice, depending on the payment platform utilized and any adjustments made by the platform provider.

FORCE MAJEURE

In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

THIRD PARTY WEBSITES

The Program may provide, or third parties may provide, links or other access to other sites and resources on the Internet. The Company has no control over such sites and resources and Shay Better Coaching is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Program are between you and the third party, and you agree that the Company is not liable for any loss or claim that you may have against any such third party.

NON-DISPARAGEMENT

The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

ASSIGNMENT

Client may not assign this Agreement without Company’s written consent.

TERMINATION

The Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this Service, Client agrees that the Company may, at its sole discretion, terminate such purchase agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company, other Program’s participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. If that’s the case, the Client will still be liable to pay the total contract amount.

INDEMNIFICATION

Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in Shay Better Coaching Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Shay Better Coaching and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.

RESOLUTION OF DISPUTES

You agree that you are solely responsible for your interactions with any other user in connection with the Program, and the Company will have no liability or responsibility with respect thereto. The Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Program. You agree and accept that the only venue for resolving a dispute with the Company shall be in the venue set forth herein in these Terms. If you have any dispute with the Company, you agree that before taking any formal action, you will contact us at Shay Better Coaching, 4575 Webb Bridge Rd #4996, Alpharetta, GA 30023 and shaybetterllc@gmail.com (mailto:shaybetterllc@gmail.com), and provide a brief, written description of the dispute and your contact information (including your full name, email and telephone number). If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to these Terms will be resolved through arbitration according to the rules and procedures of the American Arbitration Association. The arbitration will be confidential and binding. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. Unless you and the Company, both agree to another location or telephonic arbitration, the arbitration shall occur in the city of Atlanta (Georgia, United States of America), before a single arbitrator within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration costs and reasonable attorney fees.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms. You and the Company, agree that the arbitration shall be conducted in the party’s respective individual capacities only and representative action, and the parties expressly waive their right to file a class action of Ster relief on a class basis.

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Notwithstanding the parties’ decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction to the extent such claims do not seek equitable relief. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending a written notice of your decision to opt out to Shay Better Coaching at the address identified in this section. The notice must be sent within thirty (30) days of your first date that you receive access to the Program. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs.

YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND SHAY BETTER COACHING REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT IN OUR PROGRAMS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.

EQUITABLE RELIEF

In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.

NOTICES

Any notices to be given hereunder by either Party to the other may be affected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of these Terms, “personal delivery” includes notice transmitted by email to: shaybetterllc@gmail.com (mailto:shaybetterllc@gmail.com).

MEMBERSHIP RENEWAL

This legal statement (“Statement”) outlines the terms and conditions governing the automatic renewal of your annual membership plan with Shay Better Coaching (“Company”). Please carefully review this Statement before proceeding with your membership renewal.

1. Automatic Renewal: By signing up for our annual membership plan, you authorize Shay Better Coaching to automatically renew your membership at the end of each annual term. This means that your membership will be automatically extended for another year on your annual renewal date.
2. Renewal Email Reminder: Shay Better Coaching will send you an email reminder seven (7) days before your annual renewal date. This email will serve as a notification of the upcoming renewal and will include details of the renewal charges.
3. Cancellation Rights: You have the right to cancel your membership at any time, for any reason. To cancel your membership, you must notify Shay Better Coaching by email at least five (5) days before your annual renewal date. If you cancel after your renewal date, you will still be responsible for the membership fee for the current year.
4. Billing Information: Your membership renewal charges will be billed to the payment method you provided at the time of initial enrollment, unless you update your payment information prior to the renewal date.
5. Refunds: Membership renewal fees are non-refundable. Once your membership is renewed, you will not be eligible for a refund, except as required by applicable law.
6. Contact Information: If you have any questions or concerns regarding your membership renewal, please contact our customer support team at support@shaybetter.com.
7. Changes to Terms: Shay Better Coaching reserves the right to modify or update the terms of this Statement at any time. Any changes will be communicated to you through email or by posting updated terms on our website.

By proceeding with your annual membership renewal, you acknowledge that you have read and understood this Statement, and you agree to be bound by its terms and conditions.

HerPocket Coach Terms & Conditions

2.6 Program and Service Enrollment Agreements

By purchasing or enrolling in any programs, services, or offerings provided by Shay Better Coaching LLC, including but not limited to “D.I.V.A. University,” “BOSS D.I.V.A. University,” “The DIVA Love Method System,” “Positive Mind Hypnosis Meditation Vault,” and other coaching programs and courses (collectively referred to as “Programs”), you agree to be bound by the Terms & Conditions governing these Programs. These terms are legally binding and outline your rights, responsibilities, and the limits of liability for Shay Better Coaching LLC.

A. Acknowledgment of Terms

• 1. Agreement to Terms: By enrolling in a Program, you explicitly acknowledge that you have read, understood, and agreed to the Terms & Conditions provided at the time of purchase or enrollment.
• 2. Binding Agreement: Participation in any Program constitutes a legally binding agreement between the participant (“Client”) and Shay Better Coaching LLC (“Company”). This agreement includes all disclaimers, policies, and requirements stated herein.

B. Payment and Refund Policies

1. Non-Refundable Fees

   All payments made for Programs, subscriptions, and in-app purchases are final and non-refundable, including one-time payments, monthly subscriptions, annual memberships, and installment plans.

   Users are advised to review the terms before completing any purchase, as refunds will not be issued for unused portions of subscriptions or services.

2. Payment Authorization

   By enrolling or subscribing, users authorize HerPocket Coach to process payments using the payment method provided via Apple’s App Store, Google Play Store, or any other authorized payment gateway integrated into the app.

   Payment processing for subscriptions and in-app purchases is handled exclusively by Apple or Google, ensuring compliance with their respective terms and conditions.

   Sensitive payment data, such as credit card information, is not stored by HerPocket Coach but is securely processed by Apple and Google’s payment systems.

3. Auto-Renewal and Subscription Management

   All subscriptions automatically renew unless canceled at least 24 hours before the end of the current subscription period.

   Charges for auto-renewal will be billed to the payment method linked to the user’s Apple or Google account.

   Users can manage or cancel subscriptions by accessing their iOS Settings or Google Play Account Settings:

   • iOS Users: Navigate to “Settings > [Your Name] > Subscriptions” and select “HerPocket Coach” to manage or cancel subscriptions.
   • Android Users: Open the Google Play Store app, tap on the profile icon, select “Payments & Subscriptions,” and manage subscriptions from there.
4. Restore Purchases

   HerPocket Coach includes a “Restore Purchases” feature for users who have reinstalled the app or switched devices. This ensures seamless access to previously purchased subscriptions.

5. Missed or Declined Payments

   The Company reserves the right to suspend or terminate access to Programs and app features for any unpaid or declined payments. Users remain liable for the full contract amount of their selected subscription or membership plan.

6. Collections and Legal Actions

   Users agree to fulfill payment obligations promptly. Failure to do so may result in additional charges for the costs of collection, including attorney fees and related expenses.

7. Non-Payment, Communication Policy & Collections Clause
   1. Payment ResponsibilityBy enrolling in any Shay Better Coaching program (including but not limited to Boss Diva University, Diva University, and DIVA in the Making), the client acknowledges and agrees to fulfill all financial obligations in full, regardless of level of participation, completion, or withdrawal from the program.
   2. Communication RequirementIf the client is experiencing financial difficulty or requires an alternative payment arrangement, the client is required to notify the Shay Better Coaching Support Team in writing within 15 days of their payment due date. Failure to communicate proactively within this time frame will trigger a formal warning and notice of potential collections action.
   3. 15-Day Collections WarningIf a client fails to pay by their scheduled due date and has not contacted the company by Day 15, a written notice will be issued informing the client that they are at risk of being referred to a third-party collections agency. The client will have an additional 15 days from the date of notice to resolve the balance or submit a payment arrangement.
   4. 30-Day Collections EnforcementIf the client has neither paid the outstanding balance in full nor submitted a written request for a payment arrangement within 30 days of the original due date, their account will be referred to collections without further notice. The client will also be responsible for any additional fees incurred through the collections process, including but not limited to interest, administrative fees, and legal costs where applicable.
   5. Expulsion & Code of Conduct Violation

      Any client who begins participation in a Shay Better Coaching program but fails to pay their full balance and does not communicate or request an arrangement will be in automatic violation of the program’s Code of Conduct. This will result in:

      • Immediate removal from the program
      • Revocation of access to all content, coaching, community platforms, and associated resources
      • No eligibility for refund or reactivation unless otherwise approved in writing by Shay Better Coaching leadership
   6. Reactivation PolicyShould a removed client wish to return to the program, they must pay any outstanding balance in full and submit a written request for re-enrollment, which will be reviewed on a case-by-case basis. Approval is not guaranteed.
   7. Dispute ResolutionAny attempt to dispute or reverse charges without following the official cancellation or withdrawal policy is a violation of this agreement and may result in legal action and/or referral to collections.

8. Data Deletion and Opt-Out Rights

Users have the right to request data deletion or opt out of specific data collection activities in compliance with applicable privacy laws, such as the California Consumer Privacy Act (CCPA) and General Data Protection Regulation (GDPR).

Data deletion requests can be submitted by contacting support@shaybetter.com. Upon successful verification of the user’s identity, requests will be processed promptly.

Payment Terms, No Refunds, and Dispute Policy

1. No Refunds Policy

All payments made to Shay Better Coaching, LLC (including but not limited to programs such as Boss Diva University, Diva University, and DIVA in the Making) are non-refundable under any circumstances, without exception.

By enrolling, the client understands and agrees that this is a transformational program built on accountability, energetic alignment, and long-term success. As such, Shay Better Coaching does not offer refunds for change of mind, perceived value, level of participation, or incomplete usage of services or content. All sales are final.

2. No Chargeback Agreement & Dispute Penalties

By signing this agreement, the client irrevocably agrees not to file a chargeback, dispute, or claim with their credit card provider or bank for any payments made to Shay Better Coaching, LLC.

Filing a chargeback is a direct violation of this agreement and will result in the following consequences:

• An automatic $499 administrative penalty per dispute filed (charged to the payment method on file or submitted to collections)
• Immediate and permanent removal from the program, without further access or eligibility for re-enrollment
• Being barred from all current and future Shay Better Coaching programs, courses, memberships, events, or services

All disputes will be aggressively defended using this signed agreement, call recordings, chat logs, and digital signatures. The client waives all rights to initiate a chargeback in place of utilizing the outlined cancellation or communication procedures.

3. Binding Acknowledgment

By enrolling in a Shay Better Coaching program and signing this agreement, the client acknowledges, understands, and accepts:

• That they are entering a legally binding contract
• That all payments are non-refundable
• That they waive their right to file a dispute or chargeback with their bank or card issuer

In-App Purchase Details

1. Pricing and Membership Options

Monthly Memberships:

• Basic Membership: $19.00/month
• Growth Membership: $25.00/month
• Elite Membership: $45.00/month

Annual Memberships:

• Basic Membership: $228.00/year
• Growth Membership: $300.00/year
• Elite Membership: $540.00/year

2. App Pricing and Description for iOS and Android

Free Download: The app is listed as “Free” to download on the Apple App Store and Google Play Store.

Subscription Disclosure: In the app description, clearly state:

“HerPocket Coach is free to download, with three membership options starting at $19/month. Enjoy exclusive AI-powered coaching, live support, and transformative content by subscribing to one of our flexible monthly or annual plans.”

3. Auto-Renewal Disclosure

Subscriptions automatically renew unless canceled at least 24 hours before the renewal date. Renewal charges will be billed to the payment method linked to the user’s account.

4. Cancellation Policy

Users may cancel subscriptions through their respective platform’s settings:

• iOS: Navigate to “Settings > [Your Name] > Subscriptions” and select “HerPocket Coach.”
• Android: Open the Google Play Store app, tap on the profile icon, select “Payments & Subscriptions,” and manage subscriptions.

5. Restore Purchases

A “Restore Purchases” button is included in the app to ensure users can access previously purchased subscriptions and memberships upon reinstalling the app or switching devices.

C. Intellectual Property and Use

1. Ownership of Materials: All Program materials, including but not limited to videos, workbooks, templates, course content, and proprietary methodologies, are the intellectual property of Shay Better Coaching LLC and protected under copyright and trademark laws.
2. License of Use: Participants are granted a limited, non-exclusive, non-transferable license for personal use of the Program materials. Commercial use, reproduction, distribution, or creating derivative works is strictly prohibited.
3. Prohibited Actions: Sharing login credentials, downloading, redistributing, or modifying Program materials without prior written permission is considered a material breach of this agreement and may result in immediate termination of access and legal action.

D. Dispute Resolution and Arbitration

1. Binding Arbitration: All disputes arising out of or related to the Programs shall be resolved exclusively through binding arbitration conducted under the rules of the American Arbitration Association in Atlanta, Georgia.
2. Class Action Waiver: Participants waive their rights to participate in class action lawsuits. Claims must be brought individually.
3. Opt-Out Clause: Participants may opt out of arbitration by providing written notice to Shay Better Coaching LLC within 30 days of enrolling in a Program.

E. Limitations of Liability

1. No Guarantees of Results: The Company does not guarantee specific outcomes or results from participation in any Program. Success depends on individual effort, commitment, and other factors outside the Company’s control.
2. Liability Cap: In no event shall the Company’s liability exceed the amount paid by the Client for the specific Program, or $100, whichever is less.
3. Assumption of Risk: By enrolling, participants agree to assume all risks associated with Program participation and release Shay Better Coaching LLC from any claims of injury, loss, or damages.

F. Termination of Access

1. Cause for Termination: The Company reserves the right to terminate access to Programs for violations of these Terms, disruptive behavior, or actions detrimental to other participants or the Company.
2. No Refund for Termination: Terminated participants remain liable for the full Program cost and are not entitled to refunds.

G. Non-Disparagement and Confidentiality

1. Non-Disparagement: Participants agree not to engage in any communications, public or private, that disparage Shay Better Coaching LLC, its staff, or Programs.
2. Confidentiality: Participants agree to maintain the confidentiality of proprietary Program content and other participants’ information.

H. Governing Law

This agreement shall be governed by the laws of the State of Georgia, USA, without regard to its conflict of laws principles.

Additional Protections Based on Current Laws

I. No Professional Advice

1. Nature of Services: The Programs are for educational and informational purposes only and do not constitute professional, medical, psychological, legal, or financial advice.
2. Responsibility for Decisions: Participants are solely responsible for decisions made based on the content provided and are advised to seek professional assistance when necessary.

J. Data Collection and Privacy

1. Usage of Data: Enrollment data is used solely for the purpose of administering the Programs and improving service offerings, in accordance with the Company’s Privacy Policy.
2. Data Breach Notification: In the event of a data breach, the Company will notify affected participants within 72 hours.

K. Force Majeure

The Company is not liable for delays or failure to deliver services due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, or governmental actions.

L. Community Guidelines

1. Behavioral Expectations: Participants must adhere to community guidelines, which include prohibitions against harassment, hate speech, and other disruptive behaviors.
2. Consequences: Violations of community guidelines may result in immediate suspension or termination of access without refund.

M. Modifications to Terms

Shay Better Coaching LLC reserves the right to update or modify these terms at any time. Participants will be notified of changes via email or the Program portal. Continued participation constitutes acceptance of updated terms.

3. Data Sharing

1. With Trusted Partners: We may share anonymized or aggregated data with third-party partners to improve app functionality, offer personalized recommendations, and provide promotional opportunities.
2. Legal Compliance: We may disclose information to comply with legal obligations, enforce our policies, or protect the rights and safety of Shay Better, LLC and its users.
3. Business Transfers: In the event of a merger, acquisition, or sale of assets, user data may be transferred to the new entity.

4. Marketing and Upselling

1. In-App Purchases and Promotions: HerPocket Coach may offer premium services or promotional upgrades within the app. Users must confirm purchases before transactions are processed.
2. Personalized Offers: Data may be used to tailor promotional content and upselling opportunities. Users can opt out of promotional communications through their account settings or by contacting support@shaybetter.com.

5. Human Coaching Services Disclaimer

5.1 No Guarantees

1. Outcome-Based Disclaimer: HerPocket Coach’s human coaching services are intended to provide guidance, tools, and support to foster personal growth and development. However, the success of any coaching program depends heavily on individual effort, participation, and unique circumstances.
2. Reliance on Client Participation: Users acknowledge that coaching is a collaborative process requiring their full engagement and commitment. Shay Better, LLC is not liable for any lack of progress due to insufficient participation or failure to implement recommended actions.
3. Legal Protection Against Claims: Users waive any right to assert claims based on dissatisfaction with outcomes or unmet expectations. This waiver includes but is not limited to breach of contract, negligence, or implied warranty claims.

5.2 Not Professional Advice

1. Scope of Coaching Services: Coaching services are distinct from and do not constitute professional services such as medical diagnosis, psychotherapy, financial advising, legal counsel, or other licensed professional services. Users are expressly advised to seek professional assistance for specific issues requiring medical, legal, financial, or psychological expertise.
2. Liability Exclusion for Misinterpreted Advice: Shay Better, LLC and its representatives are not liable for any consequences arising from users’ reliance on coaching advice in areas requiring professional licensure or certification.
3. Acknowledgment of Limitations: By engaging with human coaching services, users confirm their understanding of these limitations and agree not to hold Shay Better, LLC liable for unmet expectations tied to professional outcomes.

5.3 Assumption of Risk

1. Voluntary Participation: Users acknowledge that their participation in coaching sessions is entirely voluntary and undertaken at their own discretion. By engaging in coaching services, users assume all risks associated with applying coaching insights to their personal and professional lives.
2. Release of Liability: Users agree to release and hold harmless Shay Better, LLC, its officers, employees, contractors, and affiliates from any claims, demands, or damages arising from coaching interactions or subsequent actions based on coaching advice.
3. Limitation of Damages: In no event shall Shay Better, LLC be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from coaching services, even if advised of the possibility of such damages. The total liability of Shay Better, LLC under any circumstance shall not exceed the fees paid by the user for coaching services.

5.4 Confidentiality

1. Confidentiality Assurance: Coaches are trained to uphold the confidentiality of information shared during coaching sessions, fostering a safe and supportive environment for personal growth.
2. Legal Exceptions: Users acknowledge that confidentiality is not legally privileged and may be overridden in the following circumstances:
   • Legal Requirements: If required by law, subpoena, or court order, Shay Better, LLC reserves the right to disclose user information.
   • Prevention of Harm: In cases where there is a reasonable belief of imminent harm to the user or others, Shay Better, LLC may disclose relevant information to appropriate authorities.
3. Data Security Measures: All coaching session notes and user data are stored securely and accessed only by authorized personnel. However, users acknowledge that no system is entirely immune to breaches, and Shay Better, LLC is not liable for unauthorized disclosures caused by third-party breaches.

5.5 Dispute Resolution

1. Binding Arbitration: Any disputes, claims, or controversies arising from or relating to services provided by the company, including but not limited to human coaching services, AI-based coaching, app-based programs, or any other programs or services offered by the company either through the app or outside of it, shall be resolved exclusively through binding arbitration. Arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) in Atlanta, Georgia, unless both parties mutually agree to an alternative location. By enrolling in or using the company’s services, the participant agrees to waive the right to a jury trial or to participate in a class action lawsuit.
2. Class Action Waiver: Users waive the right to participate in class action lawsuits against Shay Better, LLC related to coaching services.
3. Jurisdiction: This disclaimer is governed by the laws of the State of Georgia. Any disputes not resolved through arbitration shall be subject to the jurisdiction of Fulton County, Georgia.

5.6 User Responsibilities

1. Personal Accountability:By enrolling in or participating in any programs, services, or purchasing any offerings (whether through the app or outside of it), users explicitly acknowledge and agree that they are of sound mind and mental health, capable of making informed decisions. Users affirm that they are not suffering from any mental health conditions, impairments, or limitations that would impede their ability to understand the terms, implications, or consequences of their decisions. Users further agree to take full personal responsibility for any decisions made based on coaching advice, program content, or interactions with the company’s services. The company, its employees, and affiliates shall not be held liable for any outcomes resulting from user decisions. Coaching and associated programs are not a substitute for professional medical, legal, psychological, or financial consultation, and users are encouraged to seek such advice where necessary.
2. Non‑Transferability:Coaching services, app subscriptions, program enrollments, and related benefits are non‑transferable and are intended solely for the individual who has enrolled. Sharing or distributing access to programs, app content, or coaching sessions is strictly prohibited and constitutes a breach of these terms.
3. Adherence to Guidelines:Users agree to adhere to all company policies and community guidelines, including but not limited to:
   • Engaging in respectful communication with coaches, staff, and community members.
   • Providing at least 24 hours’ notice for cancellations or rescheduling of sessions.
   • Prohibiting the unauthorized sharing, reproduction, or dissemination of proprietary coaching content, app materials, or program information.
4. Acknowledgment of Mental Health and Decision‑Making Capacity:By enrolling in any program or making purchases, users affirm that they are fully capable of understanding and agreeing to the terms and conditions associated with the services. Users waive any claims that they were unable to make an informed decision due to mental health conditions, whether existing or pre‑existing. Users acknowledge that their participation in any program or purchase is voluntary and made without coercion.
5. Liability Waiver:Users agree that the company, its employees, contractors, affiliates, and representatives shall not be held liable for any damages, losses, or negative outcomes resulting from the use of its programs, app, or services. Users expressly release the company from any claims related to mental health, emotional distress, or pre‑existing conditions affecting their participation or outcomes.
6. No Guarantee of Results:Users acknowledge that coaching and programs are designed to provide guidance and tools, but the company makes no guarantees regarding specific results or outcomes. Success depends on individual effort, commitment, and circumstances.

5.7 Indemnification

1. Indemnity Clause:Users agree to indemnify and hold harmless Shay Better, LLC, its representatives, and affiliates from any claims, liabilities, damages, or costs arising from their use of coaching services, including attorney fees and legal expenses.

6. Intellectual Property and User Access

6.1 Ownership of Content

1. Intellectual Property Rights:All content within HerPocket Coach, including but not limited to text, images, videos, audios, proprietary coaching methodologies, AI‑generated responses, tools, and software, is the exclusive intellectual property of Shay Better, LLC. This content is protected under U.S. and international copyright laws, trademark laws, and other applicable intellectual property laws. Unauthorized use or reproduction of any content is strictly prohibited.
2. Trademarks:All trademarks, logos, and service marks displayed within the app are owned by Shay Better, LLC or its affiliates unless otherwise noted. Use of these trademarks without prior written consent is a violation of intellectual property laws.
3. Retention of Rights:Users acknowledge and agree that all rights, title, and interest in the content, including enhancements, updates, or modifications, remain solely with Shay Better, LLC. Users acquire no ownership rights by accessing or using the app.

6.2 Limited License

1. Scope of License:Shay Better, LLC grants users a non‑exclusive, non‑transferable, revocable license to access and use the content within HerPocket Coach for personal, non‑commercial purposes only.
2. Prohibited Commercial Use:This license explicitly prohibits the use of HerPocket Coach’s content for commercial purposes, including but not limited to reselling, redistributing, or reproducing content for profit.
3. Revocation of License:Shay Better, LLC reserves the right to revoke this license at its discretion if a user violates these terms, including unauthorized use, sharing, or reproduction of content.

6.3 Prohibited Uses

1. Restrictions on Use:Users are expressly prohibited from copying, distributing, reproducing, modifying, or creating derivative works of any content without express written permission from Shay Better, LLC; sharing, transferring, or reselling access credentials or subscription‑based services to third parties; or using the content, methodologies, or tools to create competing services, products, or programs, either directly or indirectly.
2. Legal Consequences:Unauthorized use constitutes a breach of these terms and may result in immediate suspension of access, termination of accounts, and legal action, including monetary damages.
3. Monitoring of Use:Shay Better, LLC reserves the right to monitor user activity for compliance with these terms. Any attempt to bypass security measures, including unauthorized downloads, screenshots, or replication of content, is strictly prohibited and subject to enforcement actions.

6.4 Account Security and Sharing Restrictions

1. User Responsibility:Users are solely responsible for maintaining the confidentiality of their login credentials, including usernames and passwords. Any activity conducted under a user’s account will be deemed as authorized by the account holder, whether or not the activity was performed by them.
2. Prohibited Sharing:Sharing of login credentials with third parties, including family members, friends, or colleagues, is strictly prohibited.
3. Monitoring and Enforcement:Shay Better, LLC reserves the right to monitor accounts for unauthorized access or sharing. Accounts found in violation may be immediately suspended or terminated without refund. Violators may also face additional fees for unauthorized users or damages resulting from breaches.
4. Security Breaches:Users must promptly notify Shay Better, LLC of any suspected unauthorized access or security breaches. Failure to do so may result in liability for damages incurred due to compromised accounts.

6.5 Copyright Infringement and Penalties

1. Enforcement of Rights:Any unauthorized use, reproduction, distribution, or modification of HerPocket Coach’s intellectual property is a violation of copyright laws and will be pursued to the fullest extent of the law.
2. Consequences for Violations:Violators may face immediate suspension or termination of access to HerPocket Coach services without refund; legal action, including but not limited to claims for damages, attorney’s fees, and other associated costs; and civil or criminal penalties as permitted under applicable laws.
3. Digital Watermarking:Shay Better, LLC employs digital watermarking and tracking technologies to detect and prevent unauthorized use or distribution of its content. Violators will be identified and penalized accordingly.

6.6 Legal Protections for Intellectual Property

1. Indemnification Clause:Users agree to indemnify and hold harmless Shay Better, LLC, its officers, employees, and affiliates from any claims, damages, or liabilities arising from unauthorized use or infringement of the app’s content or intellectual property.
2. DMCA Compliance:Shay Better, LLC complies with the Digital Millennium Copyright Act (DMCA). Users found infringing copyrights will receive a formal notice of infringement and may face immediate action to cease and desist.
3. Cease-and-Desist Enforcement:Shay Better, LLC reserves the right to issue cease-and-desist letters for violations and escalate matters to legal proceedings if unauthorized use continues.

6.7 Protection of Proprietary Coaching Methodologies

1. Coaching Intellectual Property:Proprietary coaching methodologies, techniques, and frameworks developed by Shay Better, LLC are strictly protected under intellectual property laws. Users may not replicate, teach, or disseminate these methods for personal or commercial purposes without express written consent.
2. AI‑Generated Content:AI‑generated responses, tools, and insights within HerPocket Coach are intellectual property owned exclusively by Shay Better, LLC. Use of AI‑generated content for commercial or competitive purposes is prohibited.

6.8 Additional Liability Protections

1. Limitation of Liability:Shay Better, LLC is not liable for any damages, including loss of business opportunities or income, resulting from misuse or unauthorized use of its content.
2. Binding Arbitration for Disputes:Any disputes arising from intellectual property use or violations must be resolved through binding arbitration, as outlined in the Terms of Use.
3. Governing Law:These terms are governed by the laws of the State of Georgia, and users agree to submit to the jurisdiction of courts in Fulton County, Georgia, for any intellectual property disputes.

6.9 Recommendations for Implementation

1. Mandatory Agreement:Require users to accept these terms as part of the account creation process or prior to accessing content. Display clear disclaimers and reminders during app interactions to reinforce compliance.
2. Regular Updates:Periodically review and update these terms to address evolving legal standards and emerging threats to intellectual property.
3. Auditing and Enforcement:Conduct routine audits of user activity to detect and prevent potential violations. Partner with legal experts to ensure swift enforcement of intellectual property protections.

7. Refund Policy

7.1 Coaching Services

1. Non‑Refundable Fees:Fees for coaching services are non‑refundable unless explicitly stated otherwise in a written and signed agreement. This applies to all tiers, including Boss Diva University and Diva University.
2. Cancellation Policy:Users must cancel sessions at least 24 hours in advance to avoid forfeiting the session fee. Missed sessions or late cancellations are non‑refundable.
3. No Guarantee of Results:Refunds will not be granted based on dissatisfaction with results; success depends on user effort and participation.
4. Session Rescheduling:Rescheduling requests made more than 24 hours in advance will be accommodated based on coach availability.
5. Payment Authorization:By purchasing services, users authorize Shay Better, LLC to process payment using the provided method. Unsuccessful payments may result in account suspension.

7.2 In‑App Purchases

1. Final Sale:All in‑app purchases are final and non‑refundable, except as required by consumer protection laws.
2. Subscription Services:Cancellations must be processed through the app store; refunds do not apply to the current billing cycle.
3. Digital Goods and Services:Purchases of digital goods (courses, materials, meditations) are final and non‑refundable.
4. Chargebacks and Disputes:Users agree not to initiate chargebacks; disputes must be addressed withsupport@shaybetter.com. Unauthorized chargebacks may lead to suspension and legal action.

7.3 Force Majeure

1. Unforeseen Circumstances:Shay Better, LLC is not liable for delays or disruptions due to events beyond its control (disasters, outages, cyberattacks, illness).
2. Rescheduling of Services:Affected sessions may be rescheduled at no additional cost; no refunds for force majeure events.
3. User Responsibility:Users must ensure stable connectivity and devices; technical issues on their side are not grounds for a refund.

7.4 Additional Terms

1. Refund Eligibility for Multi‑Tiered Programs:Refunds for multi‑tiered programs require explicit written agreement; any approved refunds will be prorated.
2. Refund Exceptions:May be issued at Shay Better, LLC’s discretion for duplicate charges or payment errors, subject to verification.
3. Documentation Requirement:Refund requests for extenuating circumstances must include supporting documentation (e.g., medical certificates).
4. Legal Compliance:Complies with FTC Act and state laws; users outside the U.S. are subject to their local consumer protection rules.

7.5 Liability and Indemnification

1. Limitation of Liability:Shay Better, LLC will not be liable for damages arising from non‑refundable purchases, cancellations, or service disruptions.
2. Indemnification:Users agree to indemnify and hold harmless Shay Better, LLC from claims arising from disputes over the refund policy.

7.6 Transparency and Consent

1. Acknowledgment of Policy:By purchasing services or in‑app content, users acknowledge and agree to abide by this refund policy.
2. Policy Availability:The refund policy is prominently displayed on the website and within the app.
3. Agreement Enforcement:Users proceeding with purchases agree to be bound by these terms and waive any inconsistent claims.

8. Disclaimer for AI Features

8.1 AI Disclaimer

1. Informational and Entertainment Use Only:The AI-powered features of HerPocket Coach are designed solely for informational, educational, and entertainment purposes. Users must understand that these features are not intended to replace professional services or advice, including but not limited to:
   • Medical, psychological, or therapeutic guidance.
   • Legal, financial, or business consultancy.
2. No Professional Advice Guarantee:The AI avatar’s recommendations, responses, and outputs are algorithmically generated and may not account for individual circumstances or nuances. Users are strongly encouraged to seek advice from qualified professionals for specific concerns or decisions requiring expertise.
3. User Responsibility:By using the AI-powered features, users acknowledge and accept full responsibility for any decisions, actions, or outcomes resulting from reliance on AI-generated information. Shay Better, LLC disclaims any liability for damages, losses, or adverse consequences arising from such reliance.

8.2 No Emotional or Psychological Dependence

1. Non-Conscious Nature of AI:The AI avatar is a machine-learning tool and does not possess emotions, consciousness, or the ability to form genuine human relationships. Any empathetic or personalized responses are simulated and based on pre-programmed algorithms.
2. Not a Substitute for Emotional Support:The AI is not designed to replace human relationships, counseling, or emotional support. Users seeking therapy, emotional guidance, or relational advice should consult licensed professionals.
3. Healthy Usage Guidelines:Users are encouraged to maintain balanced interactions with the AI avatar, avoiding over-reliance for emotional or psychological well‑being.

8.3 AI-Generated Content Ownership

1. Ownership by Shay Better, LLC:All content generated through interactions with the AI avatar—including personalized text responses, recommendations, suggestions, coaching prompts, image outputs, and visualizations—is the exclusive intellectual property of Shay Better, LLC and is protected under U.S. and international copyright laws.
2. Limited User License:Users are granted a non‑exclusive, non‑transferable, revocable license to use AI‑generated content solely for personal, non‑commercial purposes.
3. Prohibited Uses:Users may not:
   • Copy, distribute, or reproduce AI-generated content without prior written consent.
   • Use AI-generated content to create derivative works, competing products, or services.
   • Represent AI-generated content as their own intellectual property or misattribute its source.
4. Monitoring and Enforcement:Shay Better, LLC reserves the right to monitor usage of AI-generated content to prevent unauthorized reproduction, distribution, or misuse. Violations may result in account suspension, termination, and legal action.

8.4 Limitations of AI Features

1. Potential for Errors or Bias:The AI avatar relies on pre‑trained algorithms and datasets, which may contain inherent biases or inaccuracies. Users must understand that responses may not always be culturally sensitive, neutral, or error‑free.
2. No Guarantee of Accuracy:The AI does not guarantee the accuracy, completeness, or applicability of its outputs. Users are encouraged to validate critical information independently.
3. Technical Limitations:AI features are subject to technical constraints, including but not limited to service interruptions, outages, errors in response generation, and limitations in understanding user inputs or context.

8.5 Data Collection and Usage for AI Features

1. Anonymized Data Collection:User interactions with the AI avatar may be recorded, anonymized, and used to improve AI algorithms, enhance user experience, and optimize functionality.
2. No Identification of Users:Data collected during AI interactions will not include personally identifiable information unless explicitly provided by the user.
3. Opt‑Out Option:Users may opt out of data collection for AI feature improvements by contacting support@shaybetter.com. Opting out may limit certain functionalities of the AI features.

8.6 Limitation of Liability for AI Features

1. No Liability for Decisions:Shay Better, LLC is not liable for any decisions, actions, or consequences resulting from reliance on AI-generated outputs. Users assume full responsibility for evaluating and applying AI suggestions to their specific circumstances.
2. Waiver of Damages:To the fullest extent permitted by law, users waive the right to claim any damages, losses, or liabilities arising from errors, inaccuracies, or misinterpretations in AI-generated responses.
3. Binding Arbitration:Any disputes related to the AI features will be resolved through binding arbitration, as outlined in the Terms and Conditions. Users waive the right to pursue class actions or lawsuits in connection with AI feature usage.

8.7 Transparency and User Consent

1. Acknowledgment of AI Disclaimer:By using the AI-powered features of HerPocket Coach, users acknowledge and agree to this disclaimer and its terms.
2. Informed Consent:Before accessing AI features, users must provide explicit consent acknowledging the limitations and risks associated with AI interactions.
3. Policy Availability:The AI disclaimer is prominently displayed within the app and on the website. Users are encouraged to review this disclaimer prior to using AI features.

9. Data Security

9.1 Encryption and Data Protection

1. Industry‑Standard Encryption: All user data is encrypted using industry‑standard protocols, such as AES‑256, SSL/TLS for data transmission, and secure storage mechanisms.

   Encryption applies to both data at rest and data in transit to ensure the highest level of protection against unauthorized access or interception.

2. Additional Safeguards: The platform employs multi‑factor authentication (MFA) to enhance account security.

   Firewalls, intrusion detection systems, and regular security audits are utilized to monitor and safeguard the integrity of data storage and application servers.

   Regular software updates and vulnerability scans are conducted to address emerging security threats promptly.

3. Limitations of Security Guarantees: While every reasonable effort is made to secure user data, no system can be entirely immune to cyberattacks or breaches.

   Users acknowledge and accept that Shay Better, LLC cannot guarantee absolute data security, and users should take personal precautions (e.g., using strong passwords and securing their devices) to further protect their accounts.

9.2 Data Breach Notification

1. Notification Timeline: In the event of a data breach that compromises personally identifiable information (PII), Shay Better, LLC will notify affected users within 72 hours of discovering the breach, as required by applicable laws (e.g., GDPR, CCPA).
2. Methods of Notification: Affected users will be notified via email, in-app alerts, or any other communication method provided by the user during account registration.
3. Details of Notification:
   • A description of the nature of the breach and the types of data compromised.
   • Steps taken to mitigate risks and prevent future breaches.
   • Guidance on protective measures users should take to secure their accounts and information.
4. Regulatory Reporting: Shay Better, LLC will report the data breach to relevant regulatory authorities in compliance with applicable legal requirements.

9.3 User Responsibility

1. User Accountability: Users are responsible for maintaining the confidentiality of their account credentials, including usernames and passwords. Shay Better, LLC recommends the use of strong, unique passwords and advises against sharing account details with others.
2. Device Security: Users are encouraged to secure their devices with updated antivirus software, firewalls, and secure network connections to minimize risks.
3. Reporting Suspicious Activity: Users must report any unauthorized access, suspicious activity, or security incidents to support@shaybetter.com immediately for investigation and resolution.

9.4 Data Retention and Disposal

1. Retention Policy: User data will be retained only as long as necessary to provide the Services, fulfill legal obligations, or comply with regulatory requirements. Data no longer required will be securely deleted or anonymized to prevent unauthorized access.
2. Secure Disposal: Shay Better, LLC follows best practices for data disposal, including secure deletion methods (e.g., file shredding) and destruction of physical media containing sensitive data.

9.5 Third‑Party Security Compliance

1. Third‑Party Partners: Shay Better, LLC works with trusted third‑party service providers (e.g., payment processors, cloud storage providers) who adhere to strict security standards, including GDPR, CCPA, and ISO 27001.
2. Shared Data Security: Any data shared with third‑party providers is limited to the minimum necessary to deliver specific services. Third‑party providers are required to implement equivalent security measures to ensure data protection.

9.6 Limitation of Liability for Data Breaches

1. No Absolute Liability: Users acknowledge that despite the implementation of robust security measures, breaches may occur due to factors beyond Shay Better, LLC’s control (e.g., advanced persistent threats, zero‑day vulnerabilities). Shay Better, LLC disclaims liability for damages, losses, or inconveniences caused by such breaches, except where required by law.
2. Mitigation Efforts: In the event of a breach, Shay Better, LLC will take immediate steps to contain the breach, investigate its cause, and implement corrective actions.
3. Indemnification: Users agree to indemnify and hold harmless Shay Better, LLC from any claims, damages, or losses resulting from the user’s negligence or failure to comply with security recommendations.

9.7 Compliance with Data Security Laws

1. GDPR Compliance: For users in the European Economic Area (EEA), Shay Better, LLC adheres to the General Data Protection Regulation (GDPR), ensuring transparency, user consent, and the right to access, rectify, or delete personal data.
2. CCPA Compliance: California residents have the right to request access to their data, opt out of data sharing, and request data deletion in compliance with the California Consumer Privacy Act (CCPA).
3. Other Applicable Laws: Shay Better, LLC complies with all other relevant data security laws and regulations, including HIPAA (for sensitive health‑related data) and COPPA (if applicable to minors).

9.8 Security Awareness and Training

1. Employee Training: All employees undergo regular training on data security practices, phishing prevention, and compliance with data protection laws.
2. Awareness Campaigns: Shay Better, LLC conducts regular security awareness campaigns for users, highlighting common threats and best practices for staying secure online.

10. Children’s Privacy

10.1 Services Intended for Adults

1. Age Restriction:The Services offered by Shay Better, LLC, including HerPocket Coach, are explicitly designed for individuals aged 18 and older. By accessing or using the Services, users affirm that they are at least 18 years of age.
2. Prohibited Use by Minors:Users under the age of 18 are strictly prohibited from creating accounts, accessing, or using the Services. Parents and guardians are responsible for monitoring and preventing unauthorized use of the Services by minors in their household.

10.2 No Intentional Collection of Data from Minors

1. Policy Against Collecting Minor Data:Shay Better, LLC does not knowingly collect, store, or process personal data from individuals under the age of 18.
2. Erroneous Data Submission:If it is discovered that a minor has provided personal information, the information will be promptly deleted from all databases, in compliance with applicable data protection laws.

10.3 Reporting Unauthorized Data Collection

1. User Responsibility to Report:Parents, guardians, or other concerned parties who become aware that a minor has accessed the Services or provided personal information are urged to contact Shay Better, LLC immediately at support@shaybetter.com.
2. Action Upon Notification:Upon receiving a report, Shay Better, LLC will investigate the claim, remove any minor data, and restrict access to the associated account.

10.4 Compliance with Child Privacy Laws

1. COPPA Compliance:Shay Better, LLC fully complies with the Children’s Online Privacy Protection Act (COPPA), which prohibits collection of personal information from children under 13 without parental consent. The Services are not directed to children under 13.
2. International Laws:For users outside the U.S., Shay Better, LLC adheres to equivalent child privacy regulations (e.g., GDPR in the EU, which restricts data collection from minors under 16 without parental consent).

10.5 Safeguards Against Unauthorized Use

1. Account Creation Validation:During account creation, users must provide accurate age verification details to confirm they are at least 18 years old.
2. Parental Control Measures:Shay Better, LLC encourages parents to use parental control tools and monitoring software to prevent minor access.
3. System Monitoring:Automated systems monitor for signs of minor access (e.g., flagged account info or unusual activity patterns).

10.6 Liability and Indemnification

1. Limitation of Liability:Shay Better, LLC disclaims liability for unauthorized minor access due to false age information or lack of supervision. Parents/guardians indemnify Shay Better, LLC against related claims.
2. User Responsibility:By using the Services, users agree to provide truthful age information and understand violations may lead to account suspension or termination.

10.7 Communication and Educational Outreach

1. Parent and Guardian Communication:Shay Better, LLC encourages open dialogue between parents and minors about responsible online use. Educational resources may be provided.
2. Transparency:This Children’s Privacy Policy is part of the broader Privacy Policy, ensuring transparency in protecting minors.

10.8 Recommendations for Additional Safeguards

1. Age Verification Enhancements:Implement optional two-step verification (e.g., government‑issued ID) during account setup to confirm age.
2. Periodic Audits:Conduct regular audits to verify compliance with child privacy laws and absence of minor data in databases.

11. Governing Law and Dispute Resolution

This section establishes the legal framework under which all disputes related to the use of HerPocket Coach and its services will be resolved. It is designed to provide clarity on jurisdiction, dispute resolution mechanisms, and to limit liability through binding arbitration and class action waivers, as permitted under applicable laws.

11.1 Governing Law

1. Choice of Law Clause:This Privacy Policy, as well as any disputes arising out of or relating to the use of HerPocket Coach, its services, or its content, shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws principles.
2. Federal Preemption:For disputes involving federal law, such as intellectual property claims, the applicable federal statutes and regulations will govern.
3. Applicability of Georgia Law:The Uniform Arbitration Act (O.C.G.A. § 9‑9‑1 et seq.) governs arbitration proceedings under this Agreement. The Georgia Fair Business Practices Act (O.C.G.A. § 10‑1‑390) may apply to claims of deceptive trade practices.
4. Jurisdiction:Exclusive jurisdiction for disputes not resolved through arbitration is vested in the state and federal courts located in Fulton County, Georgia. Users expressly consent to personal jurisdiction in these courts.

11.2 Binding Arbitration

1. Arbitration Requirement:Any dispute, claim, or controversy arising out of or relating to this Privacy Policy, the Terms of Use, or the use of HerPocket Coach will be resolved exclusively through binding arbitration under the rules of the American Arbitration Association (AAA).
2. Location of Arbitration:Proceedings will take place in Fulton County, Georgia, unless the parties agree to an alternative location or remote arbitration.
3. Arbitrator Authority:The arbitrator has exclusive authority to resolve all disputes, including scope, enforceability, and interpretation of this agreement. The arbitrator may award remedies permitted by law but cannot award punitive damages unless allowed by statute.
4. Costs of Arbitration:Each party bears its own costs, including attorney’s fees, unless the arbitrator awards otherwise.
5. Finality of Decision:The arbitrator’s decision is final, binding, and enforceable in a court of competent jurisdiction under the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

11.3 Class Action Waiver

1. Waiver of Class Actions:Users waive the right to bring or participate in class-action lawsuits, mass arbitration proceedings, or representative actions against Shay Better, LLC.
2. Individual Dispute Resolution:All claims must be resolved individually; consolidation of claims or arbitration with others is prohibited without written agreement.
3. Legal Precedents:This waiver is enforceable under AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), which upheld arbitration agreements with class waivers.

11.4 Exceptions to Arbitration

1. Small Claims Court:Users may pursue qualifying claims in small claims court under jurisdictional limits.
2. Intellectual Property Disputes:Claims relating to theft, piracy, or unauthorized use of intellectual property may be brought in state or federal courts.
3. Opt-Out Provision:Users may opt out of arbitration within 30 days of first agreeing by sending written notice to:
   Shay Better, LLC
   4575 Webb Bridge Road, #4996
   Alpharetta, GA 30022
   Email: support@shaybetter.com

11.5 Limitations on Legal Claims

1. Statute of Limitations:Any claim must be filed within one (1) year after the cause of action accrues, or it is waived.
2. No Jury Trial:By agreeing, users waive the right to a jury trial for disputes related to the Services.

11.6 Equitable Relief

1. Injunctive Relief:Nothing prohibits Shay Better, LLC from seeking equitable relief (e.g., injunction) in court to prevent unauthorized use of intellectual property or enforce confidentiality.
2. Irreparable Harm:Users acknowledge that breaches of IP or confidentiality may cause irreparable harm not remedied by monetary damages alone.

11.7 Legal Compliance

1. Consumer Rights Notice:If any provision of this arbitration or class waiver is unenforceable, the remaining provisions remain in effect to the fullest extent permitted by law. This agreement is drafted in compliance with the Federal Arbitration Act, Georgia’s Uniform Arbitration Act, and other applicable consumer protection laws.

12. Updates to This Privacy Policy

This section clarifies Shay Better, LLC’s rights and obligations to periodically update the Privacy Policy and ensures compliance with applicable legal standards for notifying users of changes.

12.1 Right to Update

1. Periodic Updates:Shay Better, LLC reserves the right to update, revise, or amend this Privacy Policy at its sole discretion to reflect changes in legal requirements, business practices, technological advancements, or updates to its Services.
2. No Prior Consent Required:Updates to the Privacy Policy do not require prior consent from users but will be communicated as outlined below to ensure transparency and compliance.

12.2 Notification of Changes

1. Significant Changes:Users will be notified of significant updates that affect how personal data is collected, used, or shared, or changes to user rights under applicable laws.
2. Methods of Notification:Notifications may be provided via:
   • Email to the address on file.
   • In-app pop-ups or banners.
   • Website notices on the app’s or site’s homepage.
3. Advance Notice for Significant Changes:For significant updates, users will be notified at least 14 days before the effective date, except when immediate changes are legally required.

12.3 User Consent to Updates

1. Continued Use as Consent:Continued use of the Services after the effective date constitutes acceptance of the updated Privacy Policy. Users who do not agree must discontinue use and may request data deletion per Section 9.
2. No Retroactive Application:Changes will not apply retroactively unless required by law. Existing data remains governed by the Policy in effect when collected, unless users provide explicit consent otherwise.

12.4 Legal Compliance for Updates

1. GDPR Compliance:For EEA users, significant changes comply with GDPR Article 12, ensuring clear and transparent communication.
2. CCPA Compliance:For California residents, updates include detailed descriptions of changes to data practices as required by CCPA.
3. FTC Guidelines:Updates align with FTC guidelines on transparency and clear communication of material privacy practice changes.

12.5 User Responsibility

1. Review of Updates:Users are encouraged to periodically review the Privacy Policy. The latest version is always accessible within the app and on the website.
2. Failure to Review:Shay Better, LLC is not liable for users’ failure to review updates, provided notifications were issued as outlined above.

12.6 Effective Date of Changes

1. Effective Date Notification:The updated Privacy Policy will include a revised “Effective Date” at the top to indicate when changes become enforceable.
2. Immediate Changes for Compliance:Changes required to comply with legal or regulatory obligations may take effect immediately.

13. Target Audience and Non-Discrimination Clause

13.1 Target Audience

HerPocket Coach, as well as programs, courses, and services offered by Shay Better, LLC, are designed to empower individuals seeking personal growth and development, with a primary focus on supporting women. The content, materials, and coaching services are tailored to address the unique challenges and goals typically experienced by women, including but not limited to emotional healing, relationship strategies, and feminine energy activation.

13.2 Non-Discrimination Commitment

While HerPocket Coach’s content and Shay Better, LLC’s programs are predominantly directed toward women, users of all genders, backgrounds, and identities are welcome to access these Services. Shay Better, LLC does not discriminate based on race, color, religion, sex, gender identity, sexual orientation, national origin, age, disability, or any other legally protected characteristic in the provision of its Services, whether through the app, in-person events, online courses, or other offerings.

13.3 Content Disclaimer

The programs, courses, coaching sessions, and materials provided by Shay Better, LLC, including HerPocket Coach, include language and references tailored to a female audience. This focus is not intended to exclude or disadvantage individuals outside of the primary audience but rather to meet the specific needs of the women the programs are designed to support. Users who choose to engage with the Services acknowledge that the focus on women-specific content does not constitute unlawful discrimination.

13.4 Protections for External Services

This clause applies not only to the HerPocket Coach app but also to all programs, services, courses, events, and materials provided by Shay Better, LLC, regardless of the delivery platform. These protections extend to all coaching interactions, educational content, and events organized or hosted by Shay Better, LLC. Any claims related to the perceived exclusivity of services must be brought in accordance with applicable laws and contractual terms outlined in the relevant agreements.

13.5 Compliance with Laws

This clause aligns with applicable anti-discrimination laws, including Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, and other relevant federal and state laws. These laws allow businesses to tailor services to specific audiences provided they do not unlawfully exclude others.

13.6 Acceptance of Terms

By accessing or using HerPocket Coach or any programs or services provided by Shay Better, LLC, users acknowledge and agree to the focus of the Services and waive any claims of discrimination based solely on the targeted audience of the content or programs. Users further acknowledge that these terms apply to any services used outside the app, including but not limited to in-person events, coaching sessions, and online courses.

14. Voice and Audio Data Collection

14.1 User Consent for Voice Data Collection

If HerPocket Coach utilizes voice recognition or AI-driven voice assistants, we inform users explicitly about the collection, processing, and storage of voice data. By using voice-enabled features, users agree to grant HerPocket Coach permission to collect and process their voice data for the purposes outlined in this Privacy Policy.

1. Affirmative Consent: Users must provide clear and affirmative consent before activating any voice recording or recognition features.
2. Opt‑In Collection: Voice data will not be collected unless the user enables voice features or engages in voice-based interactions within the app.

14.2 Data Usage Transparency

Voice data collected is used exclusively for the following purposes:

• Enhancing and personalizing user experiences.
• Improving AI-driven voice recognition and response accuracy.
• Training machine learning models for future functionality.

Voice data is stored securely and will not be shared with third parties without explicit user consent, except as required by law. Users may request access to or deletion of their voice data in compliance with applicable privacy laws.

14.3 Compliance with Privacy Laws

• CCPA: Grants users the right to know, access, and delete personal data.
• GDPR: Ensures transparency, data minimization, and user rights for EU users.

15. Geolocation Data Usage

15.1 User Consent for Location Tracking

HerPocket Coach collects geolocation data only with explicit user consent. Users will be informed about how their location data will be used and will have the ability to enable or disable location tracking through their device settings or app preferences.

15.2 Restrictions on Sensitive Location Data

HerPocket Coach does not collect location data from sensitive locations, such as healthcare facilities, schools, or religious establishments, without explicit user consent. To protect user privacy, all location data is anonymized and aggregated for analytical purposes where possible.

15.3 Compliance with State Laws

HerPocket Coach complies with state-specific regulations regarding geolocation data, including but not limited to the California Privacy Rights Act (CPRA) requirements for transparency and opt-out options.

16. AI and Automated Decision‑Making

16.1 Transparency in AI Usage

HerPocket Coach incorporates AI algorithms to deliver personalized coaching experiences and recommendations. Users are informed that:

• AI-driven decision-making processes may influence recommendations, content delivery, and service functionality.
• All AI-generated insights are based on user-provided data and are designed to enhance, not replace, human interactions.

16.2 User Rights Regarding AI Decisions

Users have the right to:

• Request explanations of decisions made by AI systems.
• Contest decisions and request review by a human where applicable.

16.3 Compliance with Emerging Regulations

HerPocket Coach complies with guidelines established by the European Union’s AI Act, GDPR, and other emerging laws regarding ethical AI deployment. All AI interactions are transparent and designed to minimize bias or adverse impacts on users.

Recent Litigation Example: Lawsuits alleging harm caused by AI chatbots highlight the necessity for clear policies on AI use, user recourse mechanisms, and disclaimers of liability.

17. Children’s Online Privacy Protection

17.1 Age Verification Mechanisms

HerPocket Coach implements robust age verification processes to ensure that minors under the age of 13 do not access the Services. These mechanisms include:

• Mandatory age declaration during account creation.
• Automated flags and manual review processes for suspected underage accounts.

17.2 Parental Consent Requirements

For users under 18 in jurisdictions requiring parental consent (such as the U.S. under COPPA), parents or legal guardians must:

• Provide verifiable consent before any data collection.
• Have the ability to review, modify, or delete their child’s data.

17.3 Data Minimization and Security

We collect only the data necessary to provide Services and implement encryption and access controls to protect children’s data.
Regulatory Action Reference: The FTC’s $5.7 million fine against TikTok for alleged COPPA violations underscores the critical need for strict compliance.

18. Data Breach Response Plan

18.1 Incident Response Procedures

HerPocket Coach has implemented a comprehensive Data Breach Response Plan to address unauthorized access, disclosure, or destruction of user data. The plan includes:

• Immediate identification and containment of breaches.
• Root cause analysis and remediation measures.

18.2 User Notification Protocols

In the event of a data breach, affected users will be notified within 72 hours, as required under GDPR Article 33 and similar regulations. Notifications will include:

• The nature of the breach.
• Types of data affected.
• Steps users should take to protect themselves.

18.3 Regulatory Compliance

HerPocket Coach complies with the data breach notification requirements of:

• The California Consumer Privacy Act (CCPA).
• The General Data Protection Regulation (GDPR).
• Various U.S. state laws, including the New York SHIELD Act.

18. Data Breach Response Plan

18.1 Incident Response Procedures

HerPocket Coach has implemented a comprehensive Data Breach Response Plan to address unauthorized access, disclosure, or destruction of user data. The plan includes:

• Immediate identification and containment of breaches.
• Root cause analysis and remediation measures.

18.2 User Notification Protocols

In the event of a data breach, affected users will be notified within 72 hours, as required under GDPR Article 33 and similar regulations. Notifications will include:

• The nature of the breach.
• Types of data affected.
• Steps users should take to protect themselves.

18.3 Regulatory Compliance

HerPocket Coach complies with the data breach notification requirements of:

• The California Consumer Privacy Act (CCPA).
• The General Data Protection Regulation (GDPR).
• Various U.S. state laws, including the New York SHIELD Act.

19. Camera and Voice Access Permissions

19.1 User Consent for Camera and Voice Access

HerPocket Coach requires user consent to access device cameras and microphones for features involving AI interaction, facial recognition, and voice-enabled communication. By enabling these features, users agree to the collection and processing of data for the purposes outlined in this Privacy Policy.

19.2 Purpose of Camera and Voice Access

• Recognize facial cues and expressions for enhanced AI interactions.
• Provide voice-enabled features, such as personalized coaching responses and audio commands.
• Enable visual and audio components for interactive exercises and tools.

19.3 Data Collection and Usage Transparency

Camera Data: Images, facial expressions, and visual cues captured by the camera are processed locally on the user’s device or transmitted securely to HerPocket Coach servers for real-time analysis and response.

Voice Data: Audio input from the microphone is used for speech recognition and processing to enhance user experience and improve AI accuracy. HerPocket Coach does not store raw video or audio data unless explicitly agreed to by the user for specific purposes, such as progress tracking or optional data sharing.

19.4 Data Security Measures

All camera and voice data processed through HerPocket Coach is encrypted during transmission and securely stored. Data is anonymized whenever possible to reduce privacy risks.

19.5 User Control and Revocation of Permissions

• Device Settings: Adjust app permissions through the device’s settings menu.
• In-App Settings: Manage permissions directly within the app interface.

Disabling camera or microphone access may limit certain interactive features but will not affect core functionalities of the app.

19.6 Compliance with Privacy Laws

• GDPR for explicit user consent and transparency.
• CCPA requirements for opt-out options and disclosures.
• BIPA in applicable jurisdictions, ensuring consent and secure handling of biometric data.

19.7 Disclaimer of Liability for Camera and Voice Use

• HerPocket Coach does not guarantee error-free functionality of camera and voice features.
• Users are responsible for securing their devices while using these features.
• HerPocket Coach disclaims liability for unauthorized third-party access resulting from device vulnerabilities outside the app’s control.

20. Governing Law; Miscellaneous

These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, United States of America, without regard to principles of conflicts of law.

These Terms shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns.

Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.

These Terms constitute and contain the entire agreement between the parties with respect to its subject matter, superseding all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter.

21. Additional Disclaimers

Every effort has been made to accurately represent the learning opportunities associated with the Program and its related services. This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, Google, or any Payment Gateway, nor have they been reviewed, tested, or certified by those entities.

There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas, and techniques. We do not position this product as a “get rich scheme.”

Any claims of actual earnings or examples of actual results can be verified upon request. Your level of success depends on the time you devote to the program, your finances, knowledge, and various skills. Since these factors differ by individual, we cannot guarantee your success or income level, nor are we responsible for any of your actions.

Materials may contain forward‑looking statements within the meaning of the Securities Litigation Reform Act of 1995. Such statements use words like “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and similar terms in connection with potential earnings or performance. These reflect opinions, not guarantees.

Any forward‑looking statements here or in our sales materials express our opinion of earnings potential. Many factors influence actual results, and no guarantees are made that you will achieve results similar to ours or anyone else’s, or that you will achieve any results at all from our ideas and techniques.

22. Changes to These Terms

The Company may modify the terms of this agreement at any time, at its sole discretion. Depending on the nature of the change, we will post updates on this page and indicate at the top the date these Terms were last revised, and/or notify you via the Program’s interface, email, or other reasonable means as required by law.

Any changes become effective no earlier than fourteen (14) days after posting, except that additions of new Program features or changes required for legal compliance will take effect immediately. Your continued use of the Program or our websites after the effective date constitutes acceptance of the new Terms.

When using specific Company services, you will also be subject to any additional terms posted at that time. The most current version of the Terms supersedes all prior versions. We encourage you to review these Terms periodically to stay informed of updates.

If you require further clarification about these Terms, please contact support@shaybetter.com.