Terms & Conditions
Last updated on: April 6th, 2023
Definitions
In these Terms, the following terms have the following meanings:
“Truly” is the social network of Users operating on the Website, enabling Users to connect with coaches and view or interact with their content;
“Chargeback” is a bona fide demand by a credit card provider for Truly Coaches to compensate for the loss incurred due to the User disputing a purchase made using their credit card without justification;
“Consultation” is a monetary request that a User sends to a Coach;
“Coach” is a User who uploads Content on the Website to be viewed or interacted with by other Users;
“Commission” is the amount calculated as a percentage of the Revenue generated by the coaches;
“Incentive Payment” is the payment made by Truly Coaches to Users who introduce new Users to Truly;
“User” is an individual who has an account on Truly;
“User Interaction” refers to any functionality offered by a Coach that allows a User to interact with (as opposed to just view) the User Content and/or the Coach;
“Payment Provider” is any third party approved by Truly Coaches that enables a User to make payments or a Coach to receive payments;
“Payout Options” are the instructions given by each Coach to a Payment Provider regarding the transfer of Commission to the Coach;
“Refund” is the return of monies to a User after a bona fide dispute, often issued prior to a chargeback;
“Revenue” is the money paid by a User to Truly Coaches. to view User Content or to use User Interaction;
“User Account” is the section on the Website that can only be accessed by Truly Coaches or the User, which contains details about Payment Providers and Payout Options;
“User Content” includes all photos, videos, and other material or functionality (including User Interaction functionality) uploaded onto the Website;
“Truly Coaches” refers to Truly Coaches, Inc.;
“Wallet Credits” are prepayments made by a User to Truly Coaches to facilitate access to User Content/User Interaction under the terms contained within this agreement;
“Website” refers to the website at https://jointruly.com.
About
The Website is a social media website and application service which allows Users to create a profile, upload photos and videos onto their profile, set a price payable by other Users who wish to interact with them. Truly is operated by Truly Coaches.
These Terms govern your use of the Website, including any content, functionality, and services offered on or through the Website whether part of Truly. By registering with and using Truly, you hereby accept and agree to be bound by and abide by these Terms. If you do not want to agree to these Terms of Service, you must not access or use the Website.
Any information given on the Website, including responses to “frequently answered questions,” is not legally binding on Truly Coaches, is informative only, and does not form part of the Terms.
The Website is only offered and available to Users who are 18 years of age or older. By using the Website, you represent and warrant that you are 18 years of age, that you are of legal age to form a binding contract with Truly Coaches If you do not meet all of these conditions, you must not access or use the Website. The Privacy Policy outlines in greater detail how Truly Coaches uses third parties to verify your eligibility.
Truly Coaches reserves the right to make changes to these Terms at any time and at Truly Coaches’ sole discretion. All changes are effective immediately from the time Truly Coaches posts them, and apply to all access to and use of the Website thereafter. By continuing to use Truly, you agree to the Terms as modified or as they currently appear. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
By using Truly, you consent to receiving communications from Truly Coaches electronically, including emails and messages posted to your Truly account, all as more fully detailed in the Privacy Policy (available here) (https://jointruly.com/privacy). You acknowledge and agree that all communications that Truly Coaches sends to you electronically satisfy any legal requirement that such communications be in writing. If you wish at any time to withdraw your consent to receiving communications from Truly Coaches, please email hello@jointruly.com, notifying Truly Coaches of the withdrawal of your consent.
Truly Coaches does not own User Content on Truly and views expressed by Users on Truly do not represent Truly Coaches’ views. All transactions and interactions regarding User Content on Truly are between Users. Except when Users make their content public in the app, Truly Coaches has the right to distribute that content as promotional or informational material. Except when Truly Coaches acts as the agent of a Coach to receive payment for the Coach from a User (as further described in clause 1.8), at no point will Truly Coaches be a party to or be responsible for any transaction or interaction between Users.
Where Truly Coaches receives payment from a User to view User Content uploaded by a Coach or utilize User Interaction, Truly Coaches receives such payment on behalf of the Coach and not the User. On receipt of payment by Truly Coaches, the Coach shall have no right of action against the User for non-payment and the Coach shall be obliged to allow the User to view the User Content and utilize User Interaction (where applicable). Section 4 further describes the payment process.
Truly Coaches reserves the right at any time and without notice to:
- Modify, suspend or terminate Truly or any portion thereof;
- Restrict, limit, suspend or terminate your access to Truly or any portion thereof;
- Delete any content you post on Truly as a Coach if, in Truly Coaches’ reasonable opinion, it does not comply with these Terms and/or any applicable law;
- Monitor your use of Truly (including any content or message you post or broadcast on Truly) to verify compliance with these Terms and/or any applicable law;
- Investigate any suspected or alleged misuse or unlawful use of Truly and cooperate with law enforcement agencies in such investigation;
- Disclose information about your use of Truly in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order; or
- Change the Payment Providers. If Truly Coaches does this, then Truly Coaches will use its reasonable endeavors to verify the bona fides and good standing of the new Payment Provider and notify the User, and applicable details will be uploaded to the User Account.
From time to time, Truly Coaches may restrict access to some parts of the Website, or the entire Website, to Users.
Account Registration
To become a User, you must register and create a User Account on Truly. You must provide a valid email address, a username, and a password. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
You agree that all information you provide as a User or otherwise, including but not limited to information provided through the use of any interactive features on the Website, is governed by Truly Coaches’ Privacy Policy at https://jointruly.com/privacy, and you proceed on the basis that you are aware of how and why Truly Coaches processes your personal data, as set out in Truly Coaches’ Privacy Policy.
If you wish to view User Content, you will need to provide details of a payment card to a Payment Provider. Your payment card information is stored by the Payment Provider.
If you are a Coach and wish to receive payment, you will need to include Payout Options onto your User Account and upload a valid form of ID. You may also need to submit additional legal information, such as a W-9 if you are a resident in the United States of America. The exact information required will depend on your country of residence.
Amounts due to you as a Coach from Requesters will be paid to you by one of our Payment Providers in accordance with your Payout Options. With the exception of Requestees wishing to receive payment by direct bank transfer from Truly Coaches, Truly Coaches does not store any data disclosed by you when you register your Payout Options with the Payment Provider. Section 4 further describes the payment processes.
By registering on Truly, you confirm that:
- All User Account registration and profile information is truthful and accurate, and any User Content you provide is your own and does not infringe the intellectual property rights or any other proprietorial rights of a third party;
- If you previously had a User Account with Truly, your old User Account was not terminated or suspended by Truly Coaches for violation of the Terms of Service;
- You register on Truly for your own personal use and you will not sell, rent, or transfer your User Account to any third party; and
- Truly Coaches reserves the right, at any time, to verify the information which you provide to Truly Coaches as well as your compliance with the Terms. If Truly Coaches is unable to verify this, then Truly Coaches reserves the right to suspend your account.
- You will not use any third-party payment processors to accept payments for subscriptions, or any other service, via Truly.
You are fully responsible for any and all activities that occur on your account, and you are responsible for keeping your login details confidential and secure. You agree not to disclose these details to any other person or entity and immediately notify Truly Coaches at hello@jointruly.com if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to access, view, or record your password or other personal information.
Truly Coaches reserves the right to disable any username, password, or other identifier, whether chosen by you or provided by Truly Coaches, at any time and at Truly Coaches’ sole discretion for any or no reason, including if, in Truly Coaches’ opinion, you have violated any provision of the Terms.
Subscriptions, Purchases and Payment of Revenue
Truly Coaches will procure that Payment Providers ensure that Requestees will receive the Commission from Truly Coaches, with the difference between the Revenue and Commission being a management fee (which will include Incentive Payments) levied by Truly Coaches and payments due to the Payment Providers. The management fee is for providing, maintaining, and operating the Website.
In order to send a consultation to another user on Truly, you must first add a payment to your account. Your payment card details will be passed to a 3rd party Payment Provider which will take payment from your payment card and pay it into Truly Coaches’ account.
Depending on your use of Truly, the Payment Provider will take monthly payments or will take payments for ad hoc purchases such as User Interaction. However, you may cancel the monthly payments at any time by turning off the ‘Subscription’ switch located under settings or by contacting Truly Coaches at hello@jointruly.com.
Truly Coaches receives the Revenue and holds the Commission on behalf of the relevant Coach, and not on your behalf as a User. Once Truly Coaches has received payment from you as a User, you have no further liability to the relevant Coach, and the Coach shall allow you as a User to view the User Content or utilize User Interaction.
Truly Coaches will take payment of the Revenue from the User and hold the Commission in Truly Coaches’ capacity as the agent for the Coach.
All payments to view User Content or utilize User Interaction are final and non-refundable. If Truly Coaches is alerted that a User has sought and received a Refund or Chargeback, Truly Coaches will take additional actions. Any purchase of the right to view User Content or to use User Interaction which is subsequently subject to a Refund or Chargeback may result in the User’s account being immediately and permanently excluded from Truly. The Refund or Chargeback amount may be removed from the earning Coach’s income. The Coach may be alerted to the User Refund or Chargeback.
Credits
A User can prepay an amount to Truly Coaches known as Credits, which the User can later use to quest users on the terms contained within this agreement.
Credits are non-transferable; any unused Credits cannot be withdrawn.
Once a User has applied any of the Credits in accordance with 5.1 above, the Credits are non-refundable.
Purchases on the Website cannot be divided; if a User attempts a purchase that is greater than the amount of remaining Credits, the User’s connected payment card will be charged the full amount.
Credits are subject to a maximum amount as determined by Truly Coaches, from time to time.
Account Deactivation
Should you wish to deactivate your membership, you may do so in your User Account section.
If you are a User, any account deactivation will take place as soon as reasonably possible. You will no longer be charged or have access to User Content or User Interaction. Any subscriptions will be deleted and cannot be subsequently renewed.
If you are a Coach, you can only deactivate your membership when your last User Subscription has expired, and you have withdrawn any balance on your account.
If a User is both a Coach and a User, the account will be deactivated in two stages (User and then Coach).
You will receive an email confirmation upon the successful deletion of your account.
Intellectual Property Rights
Other than User Content, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Truly Coaches, Truly Coaches licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may store files that are automatically cached by your Web browser for display enhancement purposes; and you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will end immediately and you must, at Truly Coaches option, return or destroy any copies of the materials you have made.
Other than User Content, no right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Truly Coaches Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Truly name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Truly Coaches or Truly Coaches affiliates or licensors. You must not use such marks without Truly Coaches prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
License
Subject to all of the terms, conditions, limitations, and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive, and limited license to use the Website for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by Truly Coaches at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law).
Any use of Truly other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by Truly Coaches.
Truly Coaches does not warrant that Truly is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not Truly is compatible with your device.
Acceptable Use
Truly Coaches requires that all Users respect and comply with the Terms below, at all times, when using Truly.
You may not:
a. use Truly other than for your own lawful and personal use in accordance with these Terms;
b. impersonate Truly Coaches, one of Truly Coaches employees, another User, or any other person or entity, or falsely state, suggest, or otherwise misrepresent any affiliation, endorsement, sponsorship between you and Truly Coaches and/or any other person or entity;
c. falsify account registration information, or make unauthorized use of another’s information or content;
d. use Truly in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
e. copy, reproduce, distribute, modify, or create derivative works from, any portion of Truly without Truly Coaches express written permission;
f. use Truly for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
g. transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
h. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Truly Coaches, may harm Truly Coaches or Users of the Website or expose them to liability;
You shall not create, upload, post, display, publish, or distribute User Content that:
a. is obscene, illegal, fraudulent, defamatory, libelous, hateful, discriminatory, threatening or harassing, or in any way which incites violence or violates any of the aforementioned prohibitions;
b. violates another’s copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image, or other identity of another without proper consent);
c. promotes or advertises escort services;
d. promotes or advertises firearms or other weapons, drugs, or drug paraphernalia;
e. promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
f. causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person;
g. involves 3rd party commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;
h. gives the impression that it emanates from or is endorsed by Truly Coaches or any other person or entity, if this is not the case;
You shall not remove, erase, modify, or tamper with any copyright, trademark, or other proprietary rights notice that is contained in any User Content that you do not own.
You shall not use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
You shall not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of Truly.
You shall not interfere in any way with the operation of Truly or any server, network, or system associated with Truly, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning, or testing the vulnerability of the site or any server, network, or system associated with the site; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another user’s account that you are not expressly authorized to access.
You shall not use Truly for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, performance or functionality, or for any other competitive purposes.
You shall not use any automated program, tool, or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access Truly or any server, network or system associated with Truly, or to extract, collect, harvest or gather content or information from Truly.
You shall not make any other use of Truly that violates these Terms or any applicable law.
Any content posted that is reported by another User or Truly, and that is deemed unacceptable by Truly Coaches, will be deleted and the User notified via email. Users who repeatedly violate Truly Coaches Acceptable Use policy may be deactivated. If Truly Coaches becomes aware that a User is underage, Truly Coaches will promptly deactivate that User’s account and delete all information and content of that User from Truly. If you are a parent or legal guardian and become aware that your minor-child has registered on Truly, please immediately notify Truly Coaches at hello@jointruly.com.
By registering an account with Truly, you represent and warrant that:
a. you are at least 18 years of age;
b. you will fully comply with these Terms;
c. you accept full responsibility for the use of Truly on any device, whether or not it is owned by you;
d. you accept full responsibility for any User Content created or provided by you; and
e. your use of Truly will not violate these Terms or any applicable law.
If you are using Truly on behalf of a business or other entity, you warrant that you are authorized to grant all the licenses stipulated in or entailed by these Terms and that you are authorized to bind the business or other entity to these Terms.
User Content
By creating and publishing User Content on Truly, you authorize your Requesters to access and view (without downloading or copying) your User Content on Truly for their own lawful and personal use. You also represent, warrant, and undertake that for each submission:
- you own, have a valid license to, or otherwise control all rights in and to your User Content;
- to the extent your User Content includes or utilizes any third-party property, you have secured all rights, licenses, written consents, and releases that are necessary for the use of such third-party property in your User Content;
- you will not post any content depicting any person under 18-years old;
- you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submission are in fact 18-years old or older; and
- your User Content is non-confidential and will be made available to your Requesters on jointruly.com.
You grant Truly Coaches and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. For clarification: This clause exists so that we may use your content by adding stickers, text, and watermarks, and to make your content available to Users, as well as for other normal operations of our website. We will never sell your content to other platforms.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
You shall indemnify Truly Coaches, our licensees, successors, and assigns against all liabilities, costs, expenses, damages, and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation, and all interest, penalties, and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred arising out of or in connection with your User Content.
Truly Coaches is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.
Upon signing up to jointruly.com, you also agree to act as custodian of records for the content that you upload to jointruly.com.
Any questions regarding User Content can be addressed by emailing hello@jointruly.com.
DMCA
Truly respects the intellectual property rights of third parties and voluntarily complies with the Digital Millennium Copyright Act (DMCA). Our full DMCA Notice and Takedown Policy can be found here: https://jointruly.com/dmca. Truly has implemented a policy to terminate repeat copyright infringers. A copy of our repeat infringer policy (RIP) is available upon request to our users.
Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counternotification may be liable for damages.
Linking to the Website and Social Media Features
You may link to Truly Coaches’ homepage, provided you do so in a way that is fair and legal and does not damage Truly Coaches’ reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Truly Coaches’ part.
The Website may provide certain social media features that enable you to:
- link from your own or certain third-party websites to certain content on the Website;
- send emails or other communications with certain content, or links to certain content, on the Website;
- cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by Truly Coaches, solely with respect to the content they are displayed with. However, you must not:
- establish a link from any website that is not owned by you;
- cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
- link to any part of the Website other than the homepage; or
- otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.
You agree to cooperate with Truly Coaches in causing any unauthorized framing or linking immediately to stop. Truly Coaches reserves the right to withdraw linking permission without notice.
Truly Coaches may disable all or any social media features and any links at any time without notice in Truly Coaches’ discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, without limitation, banner advertisements and sponsored links. Truly Coaches has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Referral Program
Truly Coaches offers a referral program which incentivizes Users to introduce new people who are interested in becoming Users. This clause sets out when Truly Coaches will pay an Incentive Payment. Truly Coaches reserves the right to change how it pays Incentive Payments, but no change will deprive any Users of Incentive Payments already earned before the changes came into effect:
Users with a valid User Account with Truly can participate;
- each User Account has a unique referral URL which allows Users to earn Incentive Payments;
- the referred User must use the referring User’s URL and then register with Truly using the same browser that they used to click the referral link;
- the referred User has to be someone who has never held a User Account. If the referred User has been or is an existing User, Truly Coaches will not pay Incentive Payments to the referring User;
- Truly Coaches will not pay Incentive Payments if the referred User does not join Truly using the correct referral link;
- if the referred User sets up more than one new User Account, the obligation to pay Incentive Payments shall only apply to Commissions earned from the first User Account. The referred User will only be considered a new User with respect to the first User Account.
Users may not use confusing business practices to impersonate Truly with the intention to refer other Users to receive Incentive Payments. More information on how the Referral Programme works can be found at: https://jointruly.com/help/662/
If it transpires that Incentive Payments have been made incorrectly, then Truly Coaches reserves the right to recover those monies from the referring User.
In order to ensure that the referral program is not abused, Truly Coaches reserves the right to verify the credentials and identity of referred Users and referring Users claiming to have introduced the referred Users.
The Incentive Payment will be processed on the first calendar business day of each month and paid in accordance with the Payment Provider’s terms.
The Incentive Payment is deducted from the monies that Truly Coaches would retain from the transaction and not from the monies earned by the referred User.
Disclaimer of Warranties; Limitations of Liability
By using Truly, you acknowledge and agree as follows:
Truly and all of its services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, Truly Coaches disclaims any and all warranties, express or implied, with respect to Truly and all of its services and features, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Truly Coaches does not warrant or guarantee the accuracy, usefulness, completeness, or reliability of Truly, or the results of your use of Truly. Truly Coaches disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Truly Coaches also does not warrant or guarantee that Truly and all of its services and features will be available at any particular time or location; that Truly and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that Truly and all of its services and features will be free of viruses and other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. To the fullest extent provided by law, Truly Coaches will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it. Your use of Truly and its services and features will be solely and entirely at your own risk. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law;
Truly Coaches does not warrant or guarantee that use of the Website will be uninterrupted or error-free twenty-four hours a day, seven days a week, since Truly Coaches may need to carry out maintenance of the Website from time to time. However, Truly Coaches will use its reasonable endeavors to carry out any such maintenance of the Website outside of business hours (between 09:00 and 17:00 US time) and Truly Coaches will endeavor to give reasonable notice, however, this may not always be possible; in no event shall Truly Coaches be liable (strictly or otherwise) in contract, tort, negligence, strict liability or under any other legal or equitable principle, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) Truly or any of its services or features, nor shall Truly Coaches be held liable in the event your User Content is illegally distributed by another User, however where such distribution does occur please contact Truly Coaches at hello@jointruly.com and Truly Coaches will seek to prevent continuance of such distribution where Truly Coaches is reasonably able to do so; and
in no event shall Truly Coaches total and aggregate liability to you and/or others for any and all claims arising out of or related to your use of (or your inability to use) Truly or any of its services or features, exceed one hundred US dollars ($100.00). This does not affect any liability that cannot be excluded or limited under applicable law.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitation may not apply to you. In such case, our total and aggregate liability to you arising out of or related to your use of (or your inability to use) Truly or any of its services or features shall be limited to the maximum extent permitted by law or, if no amount is specified, one hundred US dollars ($100.00).
Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.
Waiver and Severability
No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
These Terms, together with the Truly Privacy Policy and any additional terms to which you agree when using particular elements of Truly, constitute the entire agreement between you and Truly Coaches regarding the use of Truly and its services and features. If there is any conflict between these Terms and any additional terms that apply to a particular feature or service, the additional terms will control for that feature or service.
Contact Information
If you have any questions about these Terms, the practices of Truly, or your dealings with Truly, please contact us at hello@jointruly.com.
