This DigitalMentors Coaching Services Terms of Service (the "Agreement") is between Digital Mentors Group, LLC, a Delaware limited liability company located at 1401 Lavaca St #836 Austin TX 78701 ("Company") and you, the individual who signed the accompanying quote ("Client") (collectively known as the "Parties" and individually as the "Party") hereby agree as follows (the "Agreement").
WHEREAS Company is in the business of providing Internet-based marketing products and services to customers;
WHEREAS Client desires to receive training about effective marketing, sales and business growth techniques;
WHEREAS Company has specialized knowledge with respect to Internet-based marketing that it desires to share with Client, including certain information deemed confidential, trade secret, or proprietary that relate to Company’s products, technologies, clients, customers, information systems, processes, marketing plans and strategies, and business plans and strategies ("Company Information");
NOW, THEREFORE, the Parties hereto agree as follows:
1. Client agrees to purchase, and Company agrees to provide, the services identified: 1) on the quote that Client signed, which itemizes the products, services, and price; or 2) on the call during which the Client expressed consent to purchase the services.
2. Client agrees to pay the total amount due. Full payment shall be made in United States dollars when due, unless otherwise agreed upon by the parties in writing. Client shall not make deductions of any kind from any payments due. No payment by Client of any lesser amount than that due to Company shall be deemed to be other than a partial payment, and no endorsement or statement on any check or in any letter or other document accompanying any payment shall create an accord and satisfaction. Company may accept any payment without prejudice to Company’s right to recover any remaining balance or to pursue any other remedy provided in this Agreement or under applicable law. Any amount which is not paid when due, will bear interest at the rate of one percent (1%) per month, or the maximum rate allowable under applicable law, whichever is less. If Client becomes delinquent in payment obligations, Company shall have either or both of the following rights and remedies in addition to any other rights and remedies provided in this Agreement or by applicable law: (i) Company may cancel, pause, or delay providing services; and/or (ii) Company may refuse to extend further credit and may prescribe such payment method(s) as it deems necessary for its protection. Company shall not be liable to Client for losses or damages of any kind, as a result of the exercise by Company of its rights and remedies hereunder.
3. All sales are final. No refunds. Coaching sessions are provided on a "use it or lose it" basis. If Client does not attend a scheduled coaching session, make-up sessions may be provided at Company’s sole discretion. If Client is not satisfied with Company’s services, Company may, in its sole discretion, agree to transfer the value of unused services toward the purchase of other Company products and/or services.
4. Protection of Company’s Confidential Information. For the purpose of this Agreement, "Confidential Information" shall be deemed to include all information and materials furnished to Client which: (a) if in written format is marked as confidential, or (b) if disclosed verbally is noted as confidential at time of disclosure, or (c) in the absence of either (a) or (b) is information that a reasonable party would deem to be non-public information and confidential. Confidential Information shall include, but not be limited to all Company Information, whether such is transmitted in writing, orally, visually, or on digital media, and shall include: this Agreement; all information disclosed at any and all meetings and training sessions; trade secrets, inventions, research methods, methods of compiling information, methods of creating the Company’s database, procedures, devices, machines, equipment, data processing programs, software, computer models, research projects, and other means used by the Company in the conduct of its business; product formulations, strategies and plans for future business, new business, product or other development, new and innovative product ideas, potential acquisitions or divestitures, and new marketing ideas; information with respect to costs, commissions, fees, profits, sales, markets, sales methods and financial information; mailing lists, the identity of the Company’s customers, potential customers, distributors, and suppliers and their names and addresses, the names of customer representatives responsible for entering into contracts for the Company’s products or services, the amounts paid by such Customers to the Company, specific customer needs and requirements, and leads and referrals to prospective Customers; and the structure, sequence, and organization of the Company’s database, together with source code and object code; account names and passwords for accessing Company’s online systems; and the identity of the Company’s employees, their respective salaries, bonuses, benefits, qualifications and abilities, (but only to the extent that it will not restrict the Client from discussing the Client’s compensation with others).
5. Client acknowledges and agrees that the nature of the Company confidential, proprietary, and trade secret information to which the Client has, and will continue to have, access to derives value from the fact that it is not generally known and used by others in the highly competitive, international industry in which Company competes.
6. Client acknowledges that it is receiving such Confidential Information in confidence and will not use, publish, copy, or disclose any Confidential Information other than as expressly permitted by Company. Client further agree that Client shall not attempt to reverse engineer, de-compile, or try to ascertain the source code to the Company’s software or any other software supplied hereunder. Client shall use best efforts to prevent disclosure of the Confidential Information to any third party.
7. The obligation of confidentiality shall not apply to any particular portion of Confidential Information that: (a) was in the public domain when Company granted access to Client; (b) entered the public domain through no fault of Client subsequent to receipt; (c) was in Client’s possession free of any obligation of confidence at the time of the disclosure by Company; (d) was rightfully communicated by a third party to Client free of any obligation of confidence subsequent to the time of the originating party’s communication thereof to the Client; (e) was developed by employees or agents of Client independently of and without knowledge or reference to any Confidential Information; (f) is approved for release by written authorization from Company; or (g) is required to be disclosed pursuant to any statute, law, rule or regulation of any governmental authority or pursuant to any order of any court of competent jurisdiction, but in any case, Client will immediately notify Company before disclosure and given a reasonable opportunity to obtain a protective order or other form of protection.
8. Client agrees not to alone or in association with others use Confidential and/or trade secret information to: (a) solicit, or facilitate any organization with which the Client is associated in soliciting, any employee or customer of Company to alter its relationship with Company; (b) solicit for employment, hire, or engage as an independent contractor, or facilitate any organization with which Client is associated in soliciting for employment, hire, or engagement as an independent contractor, any person who was employed by Company at any time during the term of this Agreement (provided, that this clause (b) shall not apply to any individual whose employment with Company has been terminated for a period of one year or longer); or (c) solicit business from or perform services for any customer, supplier, licensee, or business relation of Company, induce or attempt to induce, any such entity to cease doing business with Company; or in any way interfere with the relationship between any such entity and Company.
9. In no event shall Client be deemed by virtue hereof to have acquired any right or interest by license or otherwise, in or to the Confidential Information.
10. The Parties agree that all originals and any copies of the Confidential Information remain theproperty of Company. The Parties shall reproduce all copyright and other proprietary notices, if any, in the same form that they appear on all the materials provided by Company, on all copies of the Confidential Information made by Client. Client agrees to return all originals and copies of all Confidential Information in its possession and/or control toCompany at Company’s request.
11. DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR USE OF THE INFORMATION PROVIDED: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, OR (iii) WILL MEET CLIENT’S REQUIREMENTS. COMPANY MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT.
12. EXCLUSION OF DAMAGES. COMPANY WILL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF COMPANY’S SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. LIMITATION OF LIABILITY. IN NO EVENT WILL COMPANY’S LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICES EXCEED THE AMOUNT CLIENT PAID COMPANY FOR COACHING SERVICES.
14. Company does not guarantee any specific financial outcome, business result, or level of success from participation in its coaching programs or use of its services. Any examples, case studies, testimonials, or discussions of potential results are illustrative only and should not be interpreted as promises or guarantees. Client understands that business results vary based on numerous factors, including individual effort, experience, skill, market conditions, and implementation of strategies. Company commits to providing the coaching, training, support, and resources outlined in the selected program in a professional and good-faith manner.
GENERAL PROVISIONS
15. Each Party represents and warrants to the other that it has full right and authority to enter into this Agreement and to perform all of its obligations hereunder; that its execution and performance of this Agreement will not breach any agreement between itself and a third party and that the provisions of this Agreement are binding upon and enforceable against it except as may be limited by applicable law.
16. The validity, interpretation and enforceability of this Agreement shall be governed by the laws of the State of Texas, and any of the federal and/or state courts of Texas shall have exclusive jurisdiction over Client for any dispute related to or arising under this Agreement. This Agreement may be amended only by an amendment to this Agreement duly executed by the Parties. This Agreement supplements any other existing confidentiality agreements between the Parties. The Parties agree there are no other understandings, agreements or representations regarding the subject matter hereof, expressed or implied, except for those set forth herein. The rights and obligations of the Parties hereunder shall not be sold, transferred, or otherwise assigned by Client and any such assignment shall be null and void. If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, with the remainder of the Agreement remaining in full force and effect. No waiver or failure to insist upon strict compliance with any provision hereof shall be deemed a waiver of any other or further breach of or noncompliance with any provision hereof. A failure of either party to insist upon strict compliance by the other party with any provision of this Agreement shall not be deemed a waiver of such provision.
17. This Agreement--along with the quote that Client signed, and/or the recording of Client consenting to purchase goods or services--comprise the entire agreement between the parties relating to the subject matter hereof and supersedes any and all previous agreements between the parties concerning the subject matter addressed herein. This Agreement is controlling in the event of a conflict between any term in this Agreement and any term in a quote or recording. This Agreement shall govern all communications between the Parties unless and until either Party notifies the other in writing that subsequent communications between the Parties are no longer confidential or the Agreement expires. Any notices, requests, demands, and other communications hereunder shall be deemed to have been duly given when personally delivered, one day after emailing to the address that Client routinely uses to communicate with Company, five days after mailing to the billing addresses client provided when submitting payment, or such other address as either party may notify the other. Neither party shall be deemed to be in default of any provision of this Agreement, or for failures in performance, resulting from acts or events beyond the reasonable control of such party and such acts shall include, but are not limited to, acts of God, acts of terrorism, civil or military authority, civil disturbance, war, strikes, fires, or other catastrophes, or other "force majeure" events beyond the party’s reasonable control.
18. Company will not use, sell, or distribute your data in any capacity. Your leads, contacts, and customer information remain exclusively yours. You retain full ownership and control at all times. Data privacy and security are a top priority at DigitalMentors.
19. All assets, systems, and materials created during our engagement are your intellectual property. You own 100% of what we build - fully and without restriction. This does not include untouched versions of any done-for-you templates provided by Company within the software.
20. At the conclusion of your Incubator Program, you may either renew your Incubator Program at the Founders Rate OR switch to the standalone software plan at $97 per month. The decision is entirely yours, and we will support you in whichever option best aligns with your needs. We are always available to walk you through your options, you can send an email to [email protected] if you have any questions.
This agreement was last updated on February 1, 2026.

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