MyChessCoach Terms of Service
Effective Date: July 17, 2026
These Terms of Service (“Terms”) govern access to and use of the MyChessCoach website, applications, communications, coach-matching services, scheduling tools, payment services, chess tools, tournaments and related services.
MyChessCoach is operated by FiverKids LLC, doing business as MyChessCoach (“MyChessCoach,” “we,” “us” or “our”).
By creating an account, booking an introductory session, purchasing a plan, accepting a Coach match or allowing a child to participate, you agree to these Terms.
Please read them carefully.
1. Important summary
MyChessCoach operates a platform that helps families find and engage independent chess coaches.
Chess lessons are delivered by independent Coaches. Coaches are not employees of MyChessCoach. Coaches independently accept or reject students, proposed schedules and applicable compensation and exercise their own professional judgment when delivering lessons.
MyChessCoach provides services such as:
- Coach discovery and matching
- Scheduling
- Payment collection and distribution
- Platform messaging
- Practice tools
- Chess tournaments and community activities
- Customer support
- Safety reporting
- Administrative assistance
Families pay standardized MyChessCoach package prices for convenience. A Coach’s separately accepted compensation may vary from that of another Coach.
No screening process can guarantee a Coach’s conduct or suitability. Parents remain responsible for supervising their child appropriately and reporting concerns.
2. Definitions
For these Terms:
“Family” means the parent, legal guardian or authorized adult who creates an account or purchases services.
“Student” means the child or other learner receiving Coaching Services.
“Coach” means an independent service provider who offers chess coaching through the Platform.
“Coaching Services” means chess lessons, game reviews, practice recommendations and related instruction delivered by a Coach.
“Coaching Engagement” means an arrangement accepted by both a Family and a Coach for the Coach to provide Coaching Services.
“Platform” means the MyChessCoach website, applications, messaging tools and related technology.
“Platform Services” means the matching, scheduling, payment, communication, tournament, practice, support and administrative services provided by MyChessCoach.
“Platform Messaging” means the parent-visible messaging feature provided or approved by MyChessCoach.
3. Eligibility and parent authority
Only an adult who is at least 18 years old may:
- Create a Family account
- Accept these Terms
- Purchase a plan
- Provide payment information
- Give privacy or recording consent
- Arrange Coaching Services for a minor
By enrolling a Student, you represent that:
- You are the Student’s parent, legal guardian or an adult legally authorized to arrange the services.
- The information you provide is accurate.
- You have authority to provide required consent on behalf of the Student.
- You will supervise the Student as reasonably appropriate.
- You will ensure that the Student follows these Terms.
Students may not independently purchase services, enter payment information or establish a private account relationship with a Coach.
4. MyChessCoach’s role
MyChessCoach operates a technology, matching and administrative platform.
MyChessCoach helps Families discover Coaches and may recommend a Coach based on information such as:
- The Student’s age
- Chess experience
- Goals
- Schedule
- Preferred lesson duration
- Coach availability
- Coach experience
- Language preferences
A recommendation is not a guarantee that a Coach will be appropriate for every Student.
MyChessCoach does not employ Coaches to provide chess lessons. Except for child-safety, privacy, lawful-conduct and Platform-use requirements, MyChessCoach does not control a Coach’s independent professional judgment or precise method of instruction.
MyChessCoach may provide Coaches with optional curriculum resources, technology, chess exercises, lesson templates or suggested learning paths. Unless expressly stated otherwise, Coaches decide whether and how to use those resources.
5. Relationship between the Family and the Coach
The Coach identified in the booking confirmation is responsible for delivering the Coaching Services.
A direct Coaching Engagement is formed between the Family and the Coach when:
- The Coach accepts the proposed Student, schedule and compensation arrangement; and
- The Family accepts the Coach and completes the required booking or purchase.
MyChessCoach facilitates that engagement, establishes the standardized Family package price, collects payment, distributes compensation accepted by the Coach and provides Platform Services.
The Coach—not MyChessCoach—is responsible for:
- Delivering accepted lessons
- Using appropriate teaching methods
- Providing respectful and professional instruction
- Exercising independent professional judgment
- Complying with applicable law
- Complying with the MyChessCoach Child Safety Code
- Protecting Student information
MyChessCoach may assist with disputes, replacements, credits and safety concerns, but providing such assistance does not make MyChessCoach the Coach’s employer or make MyChessCoach responsible for every act or statement of the Coach.
6. Independent Coaches
Coaches available through MyChessCoach operate as independent service providers.
Each Coach may:
- Accept or reject a proposed Student
- Accept or reject a proposed schedule
- Set, negotiate or affirmatively accept compensation
- Choose the hours during which they are available
- Determine the number of Students they wish to teach
- Provide coaching through other businesses or platforms
- Maintain their own independent clientele
- Use their own equipment and teaching materials
- Exercise independent judgment over lesson delivery
A Coach may reject a proposed engagement without being penalized for that rejection.
Once a Coach accepts a Coaching Engagement, the Coach must meet obligations already accepted, including scheduled lessons and applicable cancellation requirements.
Nothing in these Terms authorizes a Coach to act on behalf of MyChessCoach, bind MyChessCoach to an agreement or represent that the Coach is an employee of MyChessCoach.
7. Standardized Family pricing and Coach compensation
MyChessCoach may offer Families standardized package pricing regardless of the particular Coach selected.
The standardized amount charged to a Family may account for:
- Compensation payable to the Coach
- Coach matching
- Scheduling
- Payment processing
- Platform technology
- Practice tools
- Chess applications
- Tournaments
- Customer support
- Promotions
- Refund and chargeback risk
- Safety and administrative services
- Other Platform operating costs
Each Coach separately sets, negotiates or affirmatively accepts the compensation applicable to a Coaching Engagement before accepting that engagement.
A Coach may reject:
- Proposed compensation
- A proposed Student
- A proposed schedule
- Additional lesson requests
without losing access to unrelated future opportunities, subject to obligations the Coach has already accepted.
Coach compensation may differ between Coaches based on experience, availability, lesson length, location, accepted compensation terms and other factors.
MyChessCoach may retain the difference between the standardized amount paid by the Family and the compensation accepted by the Coach. MyChessCoach may also subsidize a Coaching Engagement so that the Coach receives more than the net amount collected from the Family.
Families are not entitled to disclosure of a Coach’s private compensation arrangement unless disclosure is required by law.
MyChessCoach will not reduce compensation already earned by a Coach solely to collect a Platform margin. Adjustments relating to Coach cancellations, uncompleted lessons, refunds, chargebacks, fraud or similar circumstances are governed by the separate agreement between MyChessCoach and the Coach.
8. Coach profiles
Coach profiles may include information provided by the Coach, such as:
- Professional name
- General location or country
- Chess rating
- Experience
- Education
- Certifications
- Languages
- Teaching interests
- Schedule
- Teaching approach
- Parent reviews
MyChessCoach may review or verify selected profile information. However, MyChessCoach cannot guarantee that every statement provided by a Coach is complete, current or error-free.
Families should review the available profile information and decide whether the proposed Coach is appropriate for the Student.
The Family may decline a proposed Coach before purchasing ongoing lessons.
9. Coach screening and background checks
Before permitting a Coach to accept Coaching Engagements, MyChessCoach requires identity information, interviews the Coach, reviews relevant experience information and conducts background screening based on records reasonably available to MyChessCoach and legally permitted in the relevant jurisdiction.
Many Coaches reside outside the United States, including in India.
The availability, completeness and reliability of criminal, identity, education and public records varies significantly by country and jurisdiction. Records may be incomplete, delayed, unavailable, limited to a particular region or not directly comparable to United States background checks.
No interview, identity check, reference check or background screening process can:
- Identify every relevant fact
- Guarantee a person’s identity
- Guarantee the accuracy of all credentials
- Predict future behavior
- Guarantee that a Coach will always act appropriately
- Eliminate all risk
A statement that a Coach has been “screened,” “verified” or “background checked” means only that the specified screening process was completed based on information reasonably available at that time. It is not a certification that the Coach presents no risk.
MyChessCoach may repeat screening, request updated documents or suspend a Coach when reasonably appropriate.
10. Platform Messaging and prohibition on direct contact
All communications relating to a Platform-introduced Coaching Engagement must occur through Platform Messaging or another parent-visible communication channel expressly approved by MyChessCoach.
This includes communications concerning:
- Scheduling
- Rescheduling
- Lesson content
- Practice assignments
- Student progress
- Feedback
- Payment
- Cancellations
- Technical issues
Families and Students may not contact or attempt to contact a Coach through the Coach’s:
- Personal email address
- Personal telephone number
- Text messages
- Telegram
- Signal
- Social-media account
- Gaming account
- Personal video-conferencing account
- Other private or off-Platform communication channel
Families and Students may not ask a Coach for personal contact information.
Coaches are contractually required not to:
- Provide their personal telephone number or email address to a Family or Student
- Contact a Family or Student through personal email or telephone
- Communicate privately with a Student
- Move a Platform-introduced Coaching Engagement off the Platform
- Request direct or off-Platform payment
Automated Platform notifications may be delivered to a Family’s email address or telephone number. These notifications do not authorize direct contact with the Coach. Replies must be submitted through Platform Messaging unless MyChessCoach expressly directs otherwise.
Platform Messaging is parent-managed. A minor may participate in an appropriate lesson-related message only where the communication remains visible and accessible to the parent or guardian.
MyChessCoach may access, preserve and review Platform messages for:
- Customer support
- Safety
- Quality review
- Fraud prevention
- Dispute resolution
- Enforcement of these Terms
- Legal compliance
The restriction in this section applies to Families introduced to the Coach through MyChessCoach. It does not prohibit a Coach from maintaining unrelated clients or working independently elsewhere.
11. No off-Platform payments or circumvention
Payments for Platform-introduced Coaching Engagements must be made through MyChessCoach.
A Family may not:
- Pay the Coach directly
- Ask the Coach to accept direct payment
- Arrange replacement lessons privately
- Move an existing Coaching Engagement outside MyChessCoach
- Use Coach information obtained through MyChessCoach to avoid applicable Platform charges
A Coach may not request or accept direct payment from a Family or Student introduced through MyChessCoach.
This rule supports payment security, accurate lesson records, child-safety monitoring, refunds and dispute resolution.
12. Child Safety Code
Coaches must treat Students patiently, respectfully and professionally.
Coaches may provide constructive criticism, correct mistakes, set reasonable learning expectations and encourage appropriate practice.
Coaches may not:
- Yell at, scream at or aggressively scold a Student
- Threaten, intimidate or frighten a Student
- Insult, ridicule, mock, humiliate or shame a Student
- Use degrading, abusive, discriminatory or demeaning language
- Punish a Student
- Make sexual, romantic, violent or otherwise age-inappropriate comments
- Display inappropriate content
- Ask a Student to keep communications or conduct secret from a parent
- Ask for unnecessary personal information
- Ask for photographs unrelated to the Coaching Services
- Ask for the Student’s personal telephone number, email or social-media information
- Contact the Student privately
- Arrange an in-person meeting
- Ask the Student to move to another messaging platform
- Request direct payment
- Provide medical, mental-health or other licensed professional advice
- Retaliate against a Student or Family for reporting a concern
- Record, photograph or screenshot a Student without authorization
A difference in teaching style, reasonable correction or firm but respectful feedback does not necessarily violate this section. Aggressive, humiliating, threatening or abusive conduct does.
MyChessCoach may suspend or remove a Coach based on conduct that creates a reasonable child-safety, privacy or trust concern, even if the conduct does not result in criminal charges.
13. Parent responsibilities and supervision
Online chess coaching is not:
- Childcare
- Babysitting
- Custodial supervision
- Emergency monitoring
- Mental-health care
For a Student under 13, the Family must:
- Be present at the beginning of the first lesson with a new Coach
- Remain at the same location during the lesson
- Be reasonably available to assist
- Periodically monitor the lesson when appropriate
- Respond promptly if the Student, Coach or MyChessCoach requests assistance
Families are responsible for providing:
- A safe physical environment
- A working computer or device
- A stable internet connection
- Appropriate video and audio access
- Any required chess account
- Appropriate parental controls
- A quiet learning environment where reasonably possible
Families should instruct Students not to disclose:
- Home addresses
- School names
- Telephone numbers
- Personal email addresses
- Passwords
- Social-media accounts
- Precise location
- Financial information
- Other unnecessary personal information
14. Reporting a concern
A Family or Student may end a lesson immediately if they feel unsafe, uncomfortable or believe a Coach has violated these Terms.
Safety concerns may be reported at any time to:
safety@mychesscoach.com
For immediate danger, contact local emergency services or law enforcement first.
A child-safety complaint is not subject to a 24-hour reporting deadline.
MyChessCoach may:
- Preserve relevant Platform messages
- Review account and lesson records
- Request information from the Family or Coach
- Temporarily suspend the Coach
- Prevent new matches
- Terminate the Coach’s Platform access
- Issue a credit or refund
- Notify law enforcement or child-protection authorities
- Take other measures reasonably necessary to protect a Student
MyChessCoach does not guarantee a particular investigation result or timeline.
15. Lessons and lesson delivery
Lesson length, frequency and package details are shown during checkout.
Lessons may use:
- MyChessCoach technology
- Online chessboards
- Approved video-conferencing services
- Third-party chess platforms
- Coach-created materials
- Optional MyChessCoach learning resources
The Coach remains responsible for the lesson’s instructional content and delivery.
A Family may not permit an unauthorized person to participate using the Student’s account without prior approval.
16. Session recording
MyChessCoach does not record Coaching Sessions by default.
If MyChessCoach wishes to record or monitor a session for safety, quality review, training or dispute resolution, it will provide appropriate notice and obtain any parental consent required before recording.
A Family, Student or Coach may not independently record, screenshot, livestream, publish or distribute a lesson without prior written authorization from:
- The Family
- The Coach
- MyChessCoach
- Any other participant whose consent is required
A recording consented to for safety or service delivery may not be used for advertising or testimonials without separate, optional media consent.
17. Free introductory sessions
A free introductory session is intended to help the Family and Coach determine whether the match is suitable.
A free session:
- Does not guarantee ongoing Coach availability
- Does not reserve a schedule until confirmed
- May have a shorter duration than a paid lesson
- May be limited to one session per Student or household
- May be discontinued or modified at any time
MyChessCoach may refuse repeated or abusive requests for free sessions.
18. Scheduling
Coach availability is determined by the Coach.
A requested schedule is not confirmed until the Coach accepts it and the booking appears as confirmed through MyChessCoach.
All displayed times should be reviewed carefully. Families remain responsible for confirming the applicable time zone.
Schedules may change by mutual agreement through Platform Messaging.
MyChessCoach does not guarantee that a particular Coach or time will remain available indefinitely.
19. Family cancellations, missed lessons and make-up lessons
Unless a different policy is clearly disclosed before purchase:
- A lesson may be rescheduled with at least 24 hours’ notice.
- A lesson cancelled with less than 24 hours’ notice may be counted as used.
- A missed lesson may be counted as used.
- A late Student does not ordinarily receive an extended lesson.
- Make-up lessons remain subject to Coach availability.
- Available make-up credits must be used within 90 days unless otherwise stated.
A Family must submit a rescheduling request through the Platform.
Sending a direct message to a Coach outside the Platform does not constitute valid cancellation or rescheduling notice.
20. Coach cancellations
If a Coach cancels or fails to attend a confirmed lesson, MyChessCoach will ordinarily provide one of the following:
- A make-up lesson
- A lesson credit
- A replacement Coach
- A refund for the affected lesson
MyChessCoach may select the appropriate remedy based on the circumstances.
Repeated Coach cancellations may result in suspension or removal from the Platform.
21. Quality concerns and first-lesson fit
If the first paid lesson with a new Coach is not a good fit, the Family should notify MyChessCoach within 24 hours after that lesson.
MyChessCoach may provide:
- A replacement Coach
- A replacement lesson
- A lesson credit
- A refund for the affected lesson
Reports submitted after 24 hours may still be reviewed, but completed lessons are generally nonrefundable unless required by law or the matter involves safety, fraud or serious misconduct.
Safety concerns may be submitted at any time.
22. Refund policy
Unless a different refund policy was clearly disclosed before purchase:
- A full refund may be requested within 48 hours after an initial purchase if no paid lesson has been completed.
- Completed lessons are nonrefundable except where required by law or expressly provided in these Terms.
- Lessons missed or cancelled late by the Family are nonrefundable.
- Coach-cancelled lessons will be rescheduled, credited or refunded.
- Cancellation of a subscription stops future renewal but does not automatically refund the current billing period.
- Promotional, tournament or third-party charges may be nonrefundable when clearly disclosed before purchase.
Refunds are made to the original payment method where reasonably possible.
Nothing in this section limits a non-waivable consumer right.
23. Recurring subscriptions and automatic renewal
Some MyChessCoach packages renew automatically.
Before a Family purchases an automatically renewing plan, the checkout process will disclose:
- That the plan continues until cancelled
- The recurring amount
- The billing frequency
- The included lessons or services
- The duration of the renewal period
- Any minimum commitment
- The cancellation policy
- How to cancel
By affirmatively selecting the applicable consent control and completing the purchase, the Family authorizes recurring charges.
MyChessCoach will provide a confirmation that can be retained and that includes the recurring terms and cancellation instructions.
A Family may cancel recurring billing online through the account or another clearly provided online cancellation method.
Cancellation:
- May be requested at any time
- Prevents future renewal charges
- Usually takes effect at the end of the current paid billing period
- Does not ordinarily refund lessons or services already delivered
- Does not require the Family to contact the Coach directly
The Family must cancel before the next renewal charge to avoid the next charge.
MyChessCoach will provide renewal, trial-expiration, price-change and other notices when required by applicable law.
MyChessCoach will retain evidence of recurring-billing consent for the period required by law.
24. Price changes
MyChessCoach may change standardized Family package prices prospectively.
A price change will not retroactively alter an amount already charged.
For an existing recurring plan, MyChessCoach will provide advance notice of a material price change and explain how to cancel.
Continued use after a properly disclosed price change takes effect constitutes acceptance where permitted by law.
A Coach’s compensation may change independently without changing the Family’s standardized package price.
25. Payment authorization
The Family authorizes MyChessCoach and its payment providers to charge the selected payment method for:
- Initial purchases
- Recurring renewals
- Additional lessons
- Tournaments or add-ons affirmatively purchased
- Applicable taxes
MyChessCoach may collect the portion associated with Coaching Services as the Coach’s limited payment-collection agent.
Payment to MyChessCoach for an amount payable to the Coach satisfies the Family’s corresponding payment obligation for that amount.
The Family is responsible for:
- Accurate payment information
- Keeping payment information current
- Bank fees
- Currency conversion charges
- Applicable taxes where required
MyChessCoach does not ordinarily store complete payment-card details. Payment information may be processed by a third-party payment provider.
26. Chargebacks and payment disputes
The Family should contact MyChessCoach before initiating a payment dispute so that MyChessCoach has a reasonable opportunity to investigate.
Nothing in these Terms prevents a Family from exercising a lawful payment-card or consumer right.
MyChessCoach may suspend services while a chargeback or payment dispute is pending.
Fraudulent or abusive chargebacks may result in account termination.
27. Coach replacement
A Family may request a different Coach when:
- The Coach is not a good fit
- Scheduling changes
- The Coach becomes unavailable
- A legitimate quality concern arises
- A safety concern arises
MyChessCoach will make reasonable efforts to identify another Coach but does not guarantee:
- Immediate replacement
- The same schedule
- The same teaching style
- The same experience level
- Continued availability at a particular time
Any replacement Coach must separately accept the Coaching Engagement.
28. No guaranteed results
Chess progress depends on many factors, including:
- Attendance
- Practice
- Motivation
- Prior experience
- Tournament participation
- Student-Coach fit
- Time devoted to learning
Neither MyChessCoach nor a Coach guarantees:
- A particular chess rating
- Tournament success
- Academic improvement
- Increased intelligence
- A particular learning speed
- Admission to a team or program
- Completion of a particular curriculum
- Any specific result
Marketing statements describing potential benefits of chess are general educational descriptions and are not guarantees about an individual Student.
29. Family and Student conduct
Families and Students must not:
- Harass, threaten or abuse a Coach
- Use discriminatory or offensive language
- Record a Coach without permission
- Share Coach materials without authorization
- Provide false information
- Attempt to bypass Platform payment
- Share account credentials
- Disrupt lessons
- Use the Platform for unlawful conduct
- Attempt unauthorized access to Platform systems
- Publish a Coach’s private information
- Make knowingly false safety reports
A Coach may end a lesson where a Family or Student engages in unsafe, abusive or seriously disruptive conduct.
30. Reviews and feedback
Families may submit honest reviews and feedback.
Reviews must reflect genuine experience and may not contain:
- False factual statements
- Threats
- Harassment
- Discriminatory language
- Personal contact information
- A child’s unnecessary identifying information
- Confidential Platform information
MyChessCoach may remove reviews that violate these standards.
MyChessCoach may use de-identified feedback to improve matching and Platform Services.
A Family’s testimonial, photograph or video will not be used in advertising without appropriate permission.
31. Chess tools, tournaments and community activities
MyChessCoach may provide access to chess applications, tournaments, practice challenges and community activities.
Separate rules may apply to a tournament or activity.
MyChessCoach may:
- Set participation rules
- Remove disruptive participants
- Cancel or reschedule an event
- Modify tournament formats
- Disqualify cheating
- Correct scoring errors
Tournament results and rankings are not guaranteed to be error-free.
32. Third-party services
The Platform may use third-party services for:
- Video conferencing
- Chess games
- Scheduling
- Payments
- Hosting
- Analytics
- Email delivery
- Customer support
Use of a third-party service may also be governed by that provider’s terms and privacy policy.
MyChessCoach selects providers intended to support the Platform but is not responsible for outages or failures wholly outside its reasonable control.
Parents are responsible for supervising any third-party account used by a Student.
33. Intellectual property
The MyChessCoach name, logo, Platform, software, designs and MyChessCoach-created materials belong to MyChessCoach or its licensors.
Coach-created lesson materials belong to the Coach or applicable rights holder unless otherwise agreed.
Student-created original work remains the Student’s property, subject to the limited rights required to deliver, review and store the work.
Families receive a limited, personal, noncommercial, nontransferable right to use authorized lesson materials for the Student’s learning.
Families may not:
- Resell lesson materials
- Publicly distribute materials
- Copy substantial Platform content
- Reverse engineer Platform technology
- Use Platform content to build a competing service
- Remove copyright or ownership notices
34. User content
A Family may submit messages, chess games, assignments, reviews and other content.
The Family grants MyChessCoach a limited license to host, process, display and transmit that content solely as reasonably necessary to:
- Provide Platform Services
- Deliver Coaching Services
- Support the account
- Investigate concerns
- Improve the Platform using aggregated or de-identified information
MyChessCoach will not use a child’s identifiable image, voice or work for public advertising without separate appropriate consent.
35. Privacy
Use of personal information is governed by the MyChessCoach Privacy and Children’s Privacy Policy.
By arranging services for a Student, the Family acknowledges that limited Student information will be shared with the assigned Coach, who may be located in India or another country, as necessary to deliver Coaching Services.
36. Account suspension and termination
MyChessCoach may suspend or terminate an account when reasonably necessary to:
- Protect a child
- Investigate misconduct
- Prevent fraud
- Address payment failure
- Enforce these Terms
- Protect Platform security
- Comply with law
- Respond to repeated abusive conduct
- Prevent circumvention
Where reasonably possible, MyChessCoach will provide notice.
Immediate suspension may occur without advance notice for safety, fraud or security concerns.
Termination does not eliminate payment obligations already incurred.
37. Coach suspension or removal
MyChessCoach may restrict or remove a Coach based on:
- A safety concern
- Repeated parent complaints
- Abusive or unprofessional behavior
- Private contact with a Student
- Off-Platform payment requests
- False profile information
- Screening concerns
- Privacy violations
- Repeated cancellations
- Breach of the Coach Agreement
- Legal or regulatory concerns
Removal from the Platform does not necessarily mean MyChessCoach has concluded that a criminal or legal violation occurred.
38. Platform availability
MyChessCoach does not guarantee uninterrupted availability.
The Platform may be unavailable due to:
- Maintenance
- Security issues
- Internet failures
- Third-party outages
- Natural disasters
- Government action
- Events outside reasonable control
MyChessCoach may modify or discontinue a feature.
Where a paid core service is materially unavailable, MyChessCoach may provide an appropriate credit or refund.
39. Disclaimer of warranties
To the fullest extent permitted by law, the Platform Services are provided “as is” and “as available.”
MyChessCoach does not warrant that:
- Every Coach will be suitable for every Student
- Screening will identify every relevant fact
- A Coach will never violate the Child Safety Code
- A particular Coach will remain available
- The Platform will be uninterrupted
- Every error will be corrected
- Coaching will produce a particular outcome
These disclaimers do not exclude warranties or rights that cannot legally be excluded.
40. Responsibility for Coach conduct
The Coach is responsible for the Coach’s own:
- Coaching Services
- Statements
- Professional judgment
- Teaching conduct
- Legal compliance
- Violations of the Child Safety Code
To the fullest extent permitted by law, MyChessCoach is not responsible for harm arising solely from a Coach’s independent delivery of Coaching Services.
This provision does not exclude responsibility for MyChessCoach’s own conduct, including responsibility that cannot legally be waived.
Nothing in these Terms releases MyChessCoach from liability for its own fraud, willful misconduct, material misrepresentation, violation of law or other non-waivable responsibility.
41. Limitation of liability
To the fullest extent permitted by law, MyChessCoach will not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including:
- Loss of data
- Loss of opportunity
- Loss of anticipated educational benefit
- Emotional disappointment
- Business interruption
To the fullest extent permitted by law, MyChessCoach’s aggregate liability arising from the Platform Services will not exceed the greater of:
- The amount paid by the Family to MyChessCoach during the 12 months immediately preceding the event giving rise to the claim; or
- US $500.
This limitation does not apply to liability that cannot legally be limited, including liability arising from:
- Fraud
- Willful misconduct
- A violation of law where limitation is prohibited
- Gross negligence where limitation is prohibited
- Any other non-waivable obligation
Some jurisdictions do not permit certain limitations. In those jurisdictions, these limitations apply only to the maximum extent permitted.
42. Family indemnification
The Family agrees to defend and indemnify MyChessCoach against third-party claims arising from:
- The Family’s material breach of these Terms
- Unlawful use of the Platform
- Unauthorized recording or publication
- Content uploaded without required rights
- Circumvention of Platform payment
- Infringement of another person’s rights
- An unauthorized participant permitted by the Family
This provision does not require the Family to indemnify MyChessCoach for MyChessCoach’s own negligence, willful misconduct or violation of law.
43. Disputes involving a Coach
A dispute concerning the Coach’s independent delivery of Coaching Services is primarily between the Family and the Coach.
The Family should nevertheless report the dispute to MyChessCoach so that MyChessCoach can consider:
- Support
- Replacement
- Credits
- Refunds
- Coach suspension
- Safety measures
MyChessCoach’s assistance does not constitute acceptance of liability for the Coach’s conduct.
44. Informal dispute resolution
Before filing a legal claim against MyChessCoach, the Family agrees to send a written notice describing:
- The Family’s name and account email
- The nature of the dispute
- Relevant dates
- The requested resolution
Send the notice to:
FiverKids LLC d/b/a MyChessCoach
[LEGAL ADDRESS]
legal@mychesscoach.com
The parties will have 30 days to attempt to resolve the dispute informally.
This requirement does not prevent either party from seeking urgent relief involving child safety, security or an expiring legal deadline.
45. Individual arbitration
Except for excluded claims below, unresolved disputes between the Family and MyChessCoach will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable Consumer Arbitration Rules.
Arbitration may be conducted remotely unless the parties agree otherwise.
MyChessCoach will pay arbitration fees where required by applicable rules or law.
Either party may bring an eligible individual claim in small-claims court.
The following claims are not required to be arbitrated:
- Claims alleging child abuse
- Claims involving sexual assault or sexual harassment where applicable law permits the claimant to choose court
- Requests for emergency child-safety or security relief
- Claims that applicable law prohibits from being arbitrated
- Intellectual-property ownership or misuse claims
- Eligible small-claims matters
46. Class-action waiver
To the extent permitted by law, disputes must be brought individually and not as part of a class, collective, consolidated or representative action.
If this waiver is found unenforceable for a particular claim, that claim will proceed in court rather than arbitration unless the parties agree otherwise.
47. Arbitration opt-out
A Family may opt out of arbitration by sending written notice within 30 days after first accepting these Terms.
The notice must include:
- The Family’s full name
- Account email
- A statement that the Family opts out of arbitration
Send the notice to:
legal@mychesscoach.com
Opting out of arbitration does not affect the remaining Terms.
48. Governing law and courts
These Terms are governed by California law, without regard to conflict-of-law principles, except where mandatory consumer law in the Family’s jurisdiction applies.
For disputes not subject to arbitration, the parties consent to the state and federal courts located in [COUNTY], California, unless applicable law requires another venue.
49. Changes to these Terms
MyChessCoach may update these Terms to reflect changes in:
- Platform Services
- Safety practices
- Pricing
- Technology
- Law
- Business operations
MyChessCoach will provide reasonable notice of material changes when required.
Changes will not retroactively alter rights relating to a dispute that arose before the change took effect.
Continued use after the effective date of updated Terms constitutes acceptance where permitted by law.
50. Electronic communications
The Family consents to receiving electronically:
- Purchase confirmations
- Scheduling notices
- Platform messages
- Safety communications
- Renewal notices
- Policy updates
- Account notices
Marketing messages are subject to applicable consent and opt-out requirements.
51. Assignment
The Family may not transfer an account or rights under these Terms without written permission.
MyChessCoach may assign these Terms as part of a merger, financing, restructuring, asset sale or transfer of the business, subject to applicable law.
52. Severability
If a provision is found unenforceable, it will be modified only to the minimum extent necessary.
The remaining provisions will continue in effect.
53. No waiver
A failure to enforce a provision does not waive the right to enforce it later.
54. Entire agreement
These Terms, the Privacy and Children’s Privacy Policy, checkout disclosures and policies expressly incorporated into them form the agreement between the Family and MyChessCoach regarding the Platform Services.
55. Contact information
FiverKids LLC d/b/a MyChessCoach
32400 Seaside Drive, Union City
Any support: contact-at-mychesscoach.com
(please use @ instead of -at- above or reply to any email received from us)