1. Introduction

Welcome to Alcohol Free Lifestyle (“we,” “us,” or “our”). These Terms of Service (“ToS” or “Agreement”) govern your access to and use of our services, including executive coaching (collectively, the “Services”). By accessing, using, or interacting with our Services, you (“User,” “you,” or “your”) agree to be bound by these ToS and our Privacy Policy, which is incorporated by reference into this Agreement. If you do not agree to these ToS, you must discontinue your use of the Services immediately.

This Agreement forms a legally binding contract between you and Alcohol Free Lifestyle. Please read these ToS carefully. By accepting these ToS, you also acknowledge and accept the Arbitration Agreement contained in Section 15, which waives your right to a jury trial and to participate in class actions.

2. Definitions

• “Account”: The account you create when you register to use our Services.
• “Content”: Any and all text, data, images, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other materials provided through the Services.
• “Data”: Any information, including Personal Data, that you provide or that is collected from you in connection with your use of the Services.
• “Personal Data”: Any information relating to an identified or identifiable individual, as defined under applicable privacy laws.
• “Sales Kick”: The platform provider we use as a subcontractor for processing and enriching your data, operating solely on our behalf and under our control. Sales Kick is not a party to this Agreement.
• “Third-Party Services”: Any services or products provided by entities other than Alcohol Free Lifestyle that are made available through our Services.

3. Acceptance of Terms

By accessing or using the Services, you affirm that you are at least 18 years of age, or the age of majority in your jurisdiction, and are capable of entering into a legally binding agreement. If you are using the Services on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these ToS.

4. Modification of Terms

We reserve the right, at our sole discretion, to modify, update, or change these ToS at any time. Such changes will be effective upon posting the updated ToS on our website or platform. You should review these ToS regularly. Your continued use of the Services after any changes to these ToS constitutes your acceptance of the revised ToS. If you do not agree to the new terms, you must stop using the Services immediately.

5. Services Overview

a. Description of Services
Alcohol Free Lifestyle provides premium coaching, educational programming, and community-based support services designed to help entrepreneurs and executives improve their relationship with alcohol. Services may include neuroscience-informed curriculum, group and/or individual coaching sessions, workshops, digital resources, community access, and related personal development programming. These Services are designed to support participants in making informed decisions about their alcohol use, enhancing personal performance and well-being, and fostering sustainable lifestyle change. Alcohol Free Lifestyle does not provide medical, psychiatric, or clinical treatment services, and the Services are intended for educational and coaching purposes only.

b. Third-Party Subcontractors
To enhance the functionalities of our Services, we use the Sales Kick platform as a subcontractor to process and enrich your data. Sales Kick operates solely under our direction and is not a party to this Agreement. You will not interact directly with Sales Kick, and your data will be processed as part of our integrated service offering.

c. Service Availability
While we strive to ensure the continuous availability of our Services, we cannot guarantee that the Services will be uninterrupted or error-free. We reserve the right to modify, suspend, or discontinue any part of the Services at any time without notice.

6. User Obligations and Conduct

a. Compliance with Laws
You agree to comply with all applicable laws, regulations, and industry standards when using the Services, including but not limited to privacy, data protection, intellectual property, and export control laws.

b. User Account Responsibilities
Account Information: You agree to provide accurate, current, and complete information when creating your Account and to update such information as necessary.
Security of Account: You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must notify us immediately if you suspect any unauthorized use of your Account.

c. Prohibited Activities
You agree not to:

• Use the Services for any illegal, unauthorized, or prohibited purpose.
• Infringe on the rights of others, including intellectual property rights.
• Interfere with or disrupt the Services, servers, or networks connected to the Services.
• Use any automated means (e.g., bots, scrapers) to access or collect data from the Services without our express permission.
• Impersonate any person or entity or misrepresent your affiliation with a person or entity.
• Use the Services to transmit any malicious software, viruses, or other harmful code.
• Engage in any activity that could damage, disable, or impair the functioning of the Services.

7. Data Privacy and User Consent

a. Data Collection and Processing
Personal Data: We collect and process your Personal Data as part of providing the Services. This may include data you provide directly, data we collect automatically, and data we obtain from third-party sources.
Data Enrichment: Your data may be enriched through the Sales Kick platform, which processes your information on our behalf to enhance the accuracy, relevance, and utility of the Services we provide to you.

b. User Consent
By using our Services, you consent to:

• The collection, processing, and sharing of your data as described in these ToS and our Privacy Policy.
• The use of your data for the purpose of improving, customizing, and optimizing the Services, including through data enrichment and calendar management.
• The sharing of your data with Sales Kick, our subcontractor, solely for the purpose of providing the Services.
• The transfer of your data to and from third-party service providers, as necessary to deliver the Services.

c. Data Sharing and Disclosure
Subcontractors and Service Providers: We may share your data with subcontractors, including Sales Kick, who assist us in providing the Services. These parties are bound by confidentiality and data protection obligations and will not use your data for any purpose other than to perform the Services on our behalf.
Legal Compliance: We may disclose your data to comply with legal obligations, such as in response to court orders, legal processes, or government requests.

d. Data Security
Security Measures: We implement reasonable security measures to protect your data from unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.
User Responsibilities: You are responsible for safeguarding the device and network through which you access the Services. You should ensure that your software and systems are up to date and that you take appropriate precautions to protect your data.

8. Intellectual Property Rights

a. Ownership
All intellectual property rights in the Services, including but not limited to software, content, trademarks, and logos, are owned by Alcohol Free Lifestyle or its licensors. Your use of the Services does not grant you any rights to our intellectual property, except for the limited rights necessary to use the Services in accordance with these ToS.

b. License to Use the Services
Subject to your compliance with these ToS, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.

c. Restrictions
You may not: copy, modify, distribute, sell, or lease any part of our Services; reverse engineer or attempt to extract source code; or use any of our trademarks or logos without express written consent.

9. Representations and Warranties

a. User Representations and Warranties
You represent and warrant that you have the legal authority to enter into these ToS; all information provided is accurate; you will comply with all laws; and your use does not infringe on third-party rights or involve harmful activities like viruses or malware.

b. Third-Party Client Representations and Warranties
Alcohol Free Lifestyle represents and warrants that: We will comply with all applicable laws, including data protection; our provision of Services does not conflict with other agreements; we implement reasonable security measures; and we make commercially reasonable efforts to ensure continuous availability.

c. Disclaimer of Warranties
Except as expressly provided in these ToS, the Services are provided “as-is” and “as-available” without any warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

10. Limitation of Liability

a. Exclusion of Damages
To the fullest extent permitted by law, Alcohol Free Lifestyle, Sales Kick, and their affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or use.

b. Cap on Liability
In no event shall the total liability exceed the amount you paid to us for the use of the Services in the 12 months preceding the claim.

c. No Liability for Third-Party Services
We are not responsible for any Third-Party Services made available through the Services. Your use of Third-Party Services is at your own risk.

11. Indemnification

You agree to indemnify, defend, and hold harmless Alcohol Free Lifestyle, Sales Kick, and their affiliates from any claim, demand, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising out of your use of the Services, breach of these ToS, or infringement of third-party rights.

12. Termination

a. Termination by You: You may terminate use at any time by ceasing to use the Services.
b. Termination by Us: We reserve the right to suspend or terminate your access at any time, without notice, for any reason.
c. Effects of Termination: Your right to use the Services will immediately cease. Provisions regarding ownership, warranties, indemnity, and liability shall survive.

13. Dispute Resolution and Governing Law

a. Governing Law
These ToS and any disputes arising out of or related to them will be governed by the laws of North Carolina, United States of America, without regard to its conflict of laws principles.

b. Arbitration Agreement
i. Arbitration: You and Alcohol Free Lifestyle agree that any dispute, controversy, or claim arising out of or relating to these ToS, the Services, or any relationship between the parties, including claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved through binding arbitration using an Arbitration Institution determined by Alcohol Free Lifestyle.

The arbitration shall be administered by Arbitration Institution determined by Alcohol Free Lifestyle under its applicable rules. The arbitration will be conducted by a single arbitrator with experience in resolving disputes related to the type of services provided by Alcohol Free Lifestyle. The arbitrator's decision shall be final and binding on all parties.

The arbitration shall take place in Angier, North Carolina, or at another mutually agreed location. If the amount in controversy does not exceed $10,000, you may choose to have the arbitration conducted by telephone, video conference, or based solely on written submissions, subject to the discretion of the arbitrator.

The parties shall share the costs of arbitration, including arbitrator fees, equally, unless the arbitrator determines that such apportionment is not appropriate given the circumstances of the case. Each party shall bear its own legal fees and expenses, unless the arbitrator awards legal fees and costs to the prevailing party under applicable law.

You agree that any arbitration or proceeding shall be conducted only on an individual basis and not as a class, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims or preside over any form of a representative or class proceeding.

If any portion of this Arbitration Agreement is found to be unenforceable, the remaining portions shall remain in full force and effect. However, if the class action waiver in this Arbitration Agreement is found to be unenforceable, the entire Arbitration Agreement shall be null and void.

In the event that this Arbitration Agreement is found not to apply to a dispute, you and Alcohol Free Lifestyle agree that any non-arbitrable disputes shall be resolved exclusively in the state or federal courts located in Angier, North Carolina, and you consent to venue and personal jurisdiction in such courts.

Any arbitration proceedings, documents, and information exchanged between the parties in connection with such proceedings, and any final arbitration award, shall be strictly confidential, except as necessary to enforce or challenge the arbitration award in a court of law, or as required by law.

14. Miscellaneous

a. Entire Agreement: These ToS and our Privacy Policy constitute the entire agreement.
b. Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
c. Waiver: Failure to assert a right does not constitute a waiver.
d. Assignment: You may not assign rights without consent; we may assign without restriction.
e. Force Majeure: We are not liable for delays beyond our control (acts of God, pandemics, etc.).
f. Headings: Used for convenience only.
g. Contact Information: For questions, contact us at support@alcoholfreelifestyle.com.