Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of the EverThrive platform ("Service"), operated by SoCal Kettlebellz LLC ("we," "us," or "our"). By creating an account or accessing the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
Description of Service
EverThrive is a software platform for fitness and health coaches. It enables coaches to manage client assessments, generate AI-assisted training programs and progress reports, track wearable and body-composition data, deliver habit coaching, and communicate with clients through an in-app AI coach interface.
The Service is a professional productivity tool. It is not a medical device, does not provide medical diagnoses, and does not constitute medical advice. Coaches are solely responsible for all programming decisions and for the professional appropriateness of the guidance they deliver to clients.
Eligibility
You must be at least 18 years of age to use the Service. By using EverThrive, you represent that you meet this requirement. The Service is intended for use by fitness and health coaches and their adult clients. We do not knowingly permit use by minors.
Coach Accounts and Subscriptions
Coaches access the Service through a paid monthly subscription. Subscriptions are billed in advance and renew automatically each month until cancelled. You may cancel at any time from your account settings or by contacting us at jeremy@socalkettlebellz.com; cancellation takes effect at the end of the current billing period.
Payment is processed by Stripe. We do not store payment card information. Pricing is displayed at checkout and may be updated with notice to existing subscribers.
We may offer complimentary or discounted access at our discretion. Such access may be modified or revoked at any time.
Coach Responsibilities
As a coach using EverThrive, you are responsible for:
- Obtaining appropriate consent from your clients before entering their health, biometric, or assessment data into the platform
- Ensuring that all programming, recommendations, and coaching you deliver through the platform is professionally appropriate and within your scope of practice
- Maintaining the confidentiality of your login credentials and preventing unauthorized access to your account
- Ensuring that client portal access links are shared only with the intended clients
- Complying with all applicable professional licensing requirements, health privacy laws, and other regulations that govern your coaching practice
AI-Generated Content
EverThrive uses artificial intelligence (powered by Anthropic's Claude API) to generate training programs, progress reports, and coaching responses. AI-generated content is provided as a starting point and professional aid — it is not a substitute for your judgment as a coach.
You acknowledge that AI outputs may contain errors, omissions, or recommendations that are unsuitable for a specific client. You are solely responsible for reviewing, modifying, and approving any AI-generated content before delivering it to clients.
Connected Devices and Third-Party Data
The Service integrates with third-party wearable and health device platforms (including Withings, WHOOP, and Oura Ring) via OAuth 2.0 authorization. By connecting a device, you authorize EverThrive to retrieve and store data from that platform on behalf of the client who granted access.
We are not responsible for the availability, accuracy, or continuity of data from third-party platforms. Third-party services are subject to their own terms of service and privacy policies.
Acceptable Use
You agree not to:
- Use the Service to provide medical diagnoses, prescribe medications, or practice medicine
- Share your account credentials with other coaches (each coach requires their own subscription)
- Attempt to reverse-engineer, scrape, or extract data from the Service through automated means
- Upload or input content that is unlawful, defamatory, or infringes the intellectual property rights of others
- Use the Service in a way that violates any applicable law or regulation
Intellectual Property
The EverThrive platform, including its design, software, and proprietary AI prompts and systems, is owned by SoCal Kettlebellz LLC. These Terms do not grant you any ownership rights in the platform.
You retain ownership of the client data, assessment records, and other content you input into the platform. By using the Service, you grant us a limited license to process that data solely to provide the Service to you.
Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOCAL KETTLEBELLZ LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE THREE MONTHS PRECEDING THE CLAIM.
Indemnification
You agree to indemnify and hold harmless SoCal Kettlebellz LLC and its affiliates from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or any harm caused to a client through programming or advice delivered using the platform.
Termination
We may suspend or terminate your access to the Service at any time for violation of these Terms or for any other reason at our discretion, with or without notice. Upon termination, your right to access the Service ceases. You may request an export of your client data within 30 days of termination by contacting us.
Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved in the courts of San Diego County, California.
Changes to These Terms
We may update these Terms as the Service evolves. Material changes will be communicated via email to registered coaches at least 14 days before taking effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
Contact
Questions about these Terms? Contact us at jeremy@socalkettlebellz.com.