Terms of Service

The Service is built for Certified EOS Implementers® and similar business coaches to run their practice. You must be at least 18 and able to form a binding contract. You may not use the Service if you are a competitor building a substitute product, or if we have previously suspended or terminated your account.

Each Customer has an owner account and may add assistant accounts. You are responsible for everyone who uses the Service under your account, for keeping credentials confidential, and for telling us promptly about any unauthorized use. You must give us accurate contact and billing information and keep it current.

You own the information you enter or connect to the Service, including client and prospect records, session notes, EOS tools, financial records and files (“Customer Data”). You grant Power Up a limited license to host, copy, process, transmit and display Customer Data solely to provide, secure, support and improve the Service for you, and as our Privacy Policy describes.

You are responsible for Customer Data: for having the right to enter it (including personal information about your clients and their team members), for its accuracy, and for how you use the Service’s email, direct-mail and automation features to contact people. We do not monitor Customer Data and are not responsible for its content.

We do not sell Customer Data, use it to train AI models, or use it for advertising. We may use aggregated, de-identified usage information to operate and improve the Service.

The Service can connect to third-party accounts you control — such as QuickBooks Online, Google Calendar, Google Drive, Google Workspace email, and Handwrytten — and take actions in them on your behalf: creating invoices, sending emails, creating calendar events, uploading files, mailing cards. By connecting an account you authorize those actions. You are responsible for the accuracy of what you ask the Service to send or create, for the third party’s fees and terms, and for keeping the connection authorized. Some actions, such as voiding an invoice or sending an email, cannot be undone by us once the third party has processed them.

AI-assisted features produce drafts from your data using Anthropic’s Claude API. Drafts can be wrong. You review and are responsible for anything you send or save.

To support and troubleshoot your account, Power Up staff may sign in to the Service with an administrative role that lets them view your account as you see it (“view as tenant”). We use this access only to respond to your requests, investigate errors or security issues, or as required by law, and we treat what we see as your confidential information. Tell us if you want a specific support request handled without this access and we will accommodate it where feasible.

Paid subscriptions are billed at the rate and interval stated in your order or on our pricing page, in U.S. dollars, in advance. Fees are non-refundable except where these Terms or the law require otherwise. We may change pricing on at least 30 days’ notice, effective at your next renewal. If an invoice is unpaid 15 days after its due date we may suspend the account after notice until it is paid. You are responsible for any taxes other than taxes on our income.

Power Up’s own programs (such as Outgrow cohorts) are sold on their own terms and paid through Stripe checkout; those program terms control if they conflict with this section.

You agree not to:

• use the Service to send unsolicited bulk email, spam, or messages that violate CAN-SPAM, TCPA or similar laws;
• upload malicious code, probe or overload our systems, or attempt to access another Customer’s data;
• reverse engineer, copy, resell, or offer the Service to third parties, or build a competing product from it;
• use the Service for unlawful, deceptive or harassing purposes, or in a way that infringes anyone’s rights;
• remove or alter proprietary notices, or misrepresent your relationship with Power Up or with EOS Worldwide.

EOS®, the Entrepreneurial Operating System® and related marks belong to EOS Worldwide, LLC. The Service is an independent tool and is not affiliated with, endorsed by, or an official product of EOS Worldwide.

Power Up owns the Service, its software, design, templates, playbooks and documentation, and all improvements to them. Subject to these Terms, we grant you a non-exclusive, non-transferable right to use the Service during your subscription. If you send us feedback or suggestions, we may use them without obligation to you.

We work to keep the Service available and to give notice of planned maintenance, but we do not promise uninterrupted operation. The Service depends on third parties (hosting, database, connected services, AI providers) whose outages or changes can affect it. We may add, change or retire features; if we materially reduce core functionality you rely on, we will give reasonable notice and, if you object, you may terminate and receive a prorated refund of prepaid fees for the remaining term.

THE SERVICE AND OUR PUBLIC PAGES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, POWER UP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Calculators, forecasts, capacity and revenue estimates, and AI-generated drafts are informational tools, not financial, legal, tax or professional advice, and their results depend on the information you provide.

TO THE FULLEST EXTENT PERMITTED BY LAW, POWER UP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. POWER UP’S TOTAL LIABILITY FOR ALL CLAIMS IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE FEES YOU PAID US FOR THE SERVICE IN THAT PERIOD (OR $100 IF YOU PAID NONE). These limits do not apply to liability that cannot be limited by law.

You will defend and indemnify Power Up against third-party claims, and related costs, arising from Customer Data, your use of the Service in violation of these Terms or the law, or your relationship with your own clients. We will defend and indemnify you against third-party claims that the Service, as provided by us, infringes a U.S. patent, copyright or trademark, provided you notify us promptly and let us control the defense.

These Terms apply for as long as you have an account or use our pages. You may cancel a subscription at any time, effective at the end of the current billing period. We may suspend or terminate your account on notice if you materially breach these Terms and do not cure within 15 days, if required by law, or if your account is unpaid as described above; we may terminate for convenience on 60 days’ notice.

For 30 days after termination you may request an export of your Customer Data in a common machine-readable format. After that we will delete it as described in the Privacy Policy. Sections that by their nature should survive (including Your data, Disclaimers, Limitation of liability, Indemnity and Governing law) survive termination.

These Terms are governed by the laws of the State of Louisiana and applicable U.S. federal law, without regard to conflict-of-laws rules. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in Louisiana, and each party consents to their jurisdiction. Before filing, each party agrees to give the other written notice of the dispute and 30 days to try to resolve it.

These Terms, your order, and the Privacy Policy are the entire agreement between us about the Service and replace any prior agreements or terms displayed at this address. If a provision is unenforceable, the rest remains in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets, with notice to you. Notices to Power Up must be sent by email to the address below; notices to you go to your account email. We may update these Terms by posting a revised version here with a new “Last updated” date; material changes take effect 30 days after we notify Customers, and your continued use after that is acceptance.

Power Up Consultants, LLC, a Louisiana limited liability company. Email lyn@powerupconsultants.com.