These Coach Terms and Conditions (these “Coaching Terms”) describe the expectations and obligations of Expertes that use the Service to provide videogame Coaching services to other users (“Coaching Services”). If you are not an Coach or an authorized representative of a Coach, then these Coach Terms do not apply to you and please see our HitnMis Terms of Service (“Terms of Service”). These Coach Terms are Additional Terms subject to, and that supplement, the HitnMis Terms of Service, HitnMis Privacy Policy , and HitnMis Code of Conduct (collectively, these “Terms”); if there is a conflict between these Coaching Terms and the Terms, the provisions of these Coaching Terms control.

  1. Capitalized Terms. For purposes of these Coaching Terms, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Terms of Service.
  2. Coach Eligibility. You must be at least 18 years old to provide Coaching Services. By agreeing to these Coaching Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Coaching Terms on your behalf represents and warrants that they have authority to bind you to these Coaching Terms and you agree to be bound by these Coaching Terms. Coaches are not eligible to act as a reseller or referral agent of the Services (“Affiliate Partner”), whereby such Affiliate Partners receive a commission payment for directing users to the Services – Coaches are only eligible to receive payment for the provision of Coaching Services.
  3. Limited License. Subject to your complete and ongoing compliance with these Terms, HitnMis grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to ~~~~access and use (i) the Service and (ii) HitnMis’s name and logo for your commercial use and to provide the Coaching Services. All uses of the HitnMis name and logo must be in accordance with HitnMis’s brand guidelines, which HitnMis will provide to you in the event you are approved by HitnMis to be a Coach.
  4. Payment. Subject to your full and ongoing compliance with these Terms, we will pay you the applicable payments (“Payments”) in return for your provision of Coaching Services.
    1. Payment Amount. Coaches determine the pricing for their Coaching Services. Coaches receive 85% of the Coaching Fees.
    2. Timing of Payments. In order to receive Payments, you must request Payments from HitnMis by contacting us at [email protected]. HitnMis will pay the Payments within [10] business days of your request.
    3. Payment Disbursement. In order to provide Coaching Services and receive Payments, you must provide certain details in your HitnMis Account, including a valid bank account or PayPal account (“Payment Details”). All Payments will be provided through either PayPal or wire transfer. You agree that all fees associated with the transfer of Payments to your account are your responsibility, and such charges will be assessed to you. If we are unable to make any Payments to you because you have failed to provide accurate Payment Details, we will hold your Payments for up to 12 months. If you fail to update your Payment Details in that time, your Payments will be forfeited to a charity of our choice. If your account remains inactive for a period of 12 or more months, meaning you have not provided Coaching Services or requested Payments during that time, HitnMis may close your account and will send any outstanding Payments to the Payment Details you provided. You are only entitled to receive session or Training Plan Payments from your HitnMis wallet once the purchased services have been rendered, regardless of whether the Payment is present in your HitnMis wallet.
    4. Accuracy of Payment Details. You are responsible for maintaining an accurate, up-to-date Payment Details that comply with these Terms, and HitnMis will not be responsible for any delay, failure, or inability to transfer Payments to you due to any reason out of HitnMis’s control, including your failure to comply with these Coaching Terms or the Terms.
    5. Account Termination. HitnMis may terminate your account if HitnMis determines, in its sole discretion, that you have violated these Terms. In such case, HitnMis will pay, within thirty (30) days after the effective date of termination, all amounts owed to you for Services completed and accepted by HitnMis prior to the termination date, but you will not be entitled to any additional Payments from HitnMis , and you are prohibited from creating a new account.
  5. Taxes. You agree to be properly registered to collect sales, use, excise and other taxes, duties, and other governmental assessments in connection with your services (“Taxes”). You acknowledge and agree that you are responsible for collecting, withholding, remitting and reporting all applicable Taxes on the provision of your services. You agree that you, and not HitnMis , are solely responsible for all matters related to Taxes.
  6. User Content.
    1. Specific Rules for Videos and Images. Subject to and in addition to all of the User Content provisions of the Terms and Service, you further agree that if you share or upload a video or image to the Service that includes one or more persons, including yourself, you hereby grant HitnMis an irrevocable, perpetual, royalty free, fully paid-up, worldwide license to utilize, adapt, modify, reproduce, distribute, and publicly display that video or image for any purpose including in promotional, informational, advertising or commercial materials and communications in any form now known or later developed, including but not limited to publications, websites, articles, brochures, books, magazines, newsletters, exhibits, events, videos, films, social media, advertisements, and training programs (collectively “Coaching Content”). You represent and warrant that you are either the photographer/videographer (or have a signed release from the photographer/videographer) and you wrote any text you are uploading (or you have a signed release from the writer). Further, you hereby authorize and consent to the use of your name, image, likeness, and voice (“Likeness”) in HitnMis Content or any other purposes deemed appropriate by HitnMis.
    2. Waiver and Release. You hereby waive any right to be notified or to inspect or approve HitnMis Content that is created using your Likeness, now or in the future, whether that use is known or unknown to you. You hereby waive any right to royalties or other compensation arising from or related to the use of HitnMis Content. You hereby release and hereby agree to indemnify and hold harmless HitnMis, and their licensees and assigns, for any and all claims that you or any third party may have now or in the future for invasion of privacy, right of publicity, copyright infringement, defamation, or any other cause of action arising from the use, utilization, adaptation, modification, reproduction, distribution, public performance or display of your Likeness in HitnMis Content. In accordance with this complete release of all rights in your Likeness used in HitnMis Content, you hereby waive any and all claims, damages, or liability arising from or related to the use of HitnMis Content, including but not limited to any misuse, distortion, blurring, alteration, optical illusion, or use in composite form, either intentionally or otherwise, of your Likeness that may occur or be produced in taking, processing, reducing, adapting, modifying, producing, or reproducing HitnMis Content and the publication, distribution, display or performance thereof. You understand and agree that HitnMis is and shall be the exclusive owner of all right title and interest, including any copyright, in HitnMis Content.
  7. Coaching Warranties. In addition to agreeing to HitnMis Code of Conduct Coaches represents, warrants and covenants as follows:
    1. You agree that when you create a Coaching Ad on the Service, you will maintain good standing in your relevant field of expertise and abide by all relevant laws, rules, and regulations, including but not limited to rules of ethics and professional responsibility.
    2. You are in compliance with all applicable laws, including federal and state employment laws.
    3. You are in compliance with all third-party terms governing the games you play while providing Coaching Services.
    4. You will provide your services using the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the same locale.
    5. You agree that all of the information that you provided in or through the Service, and the information that you will provide in or through the Service in the future, is accurate, true, current, and complete. Furthermore, during the term of these Coaching Terms you will maintain this information so it will continue to be accurate, current and complete.
    6. You agree to immediately notify us if: (i) any information you have provided to us, or any relevant information about you, has changed, or (ii) a user has notified you that they have a complaint with you, or any products or services provided by you.
    7. You will provide the same correct and accurate representation of your skills, degrees, qualifications, background, and other information to any and all users, including but not limited to, any communications or services provided to users.
    8. You will maintain adequate insurance if such insurance is required by any applicable laws or regulations, including applicable professional liability insurance.
    9. You will not charge users a higher fee for your services than you would charge in a similar client relationship.
    10. You will not solicit personal information on or through the Service, including through your provision of Coaching Services.
    11. You will not provide Coaching Services or any similar services in any forum or method other than the Service to any individual who you were introduced to via the Services, nor will you contact such individual for the purpose of providing Coaching Services in any forum or method other than the Service.
    12. You will not speak negatively about HitnMis or the Service while providing the Coaching Services or otherwise on social media or in any medium reasonably expected to be public.
    13. You have no agreements, relationships, or commitments to any other person or entity that would conflict with the provisions of these Coaching Terms, your obligations under these Coaching Terms, and/or your ability to perform the Coaching Services. You will not enter into any such conflicting agreement during the term of these Coaching Terms.
  8. User Data. To the extent that you receive personal information of a user, you may use that information only for the limited and intended purpose for which it was provided subject to these Terms.
  9. Termination; Effect of Termination. You or we may terminate our relationship at any time as specified in the Terms of Service. You are solely responsible for retaining copies of any User Content you post to the Service, since upon termination of your account, you may lose access rights to any User Content you posted to the Service. Upon termination, all rights and duties of HitnMis and you toward the other shall cease except HitnMis will pay, within thirty (30) days after the effective date of termination, all amounts owing to you for Services completed and accepted by HitnMis prior to the termination date. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.
  10. Disclaimer; No Warranties. IN ADDITION TO THE WARRANTY DISCLAIMER IN THE TERMS OF SERVICE, HITNMIS FURTHER MAKES NO REPRESENTATION OR WARRANTY ABOUT THE USERS INCLUDING USERS THAT CONTACT YOU FOR SERVICES. YOU UNDERSTAND AND ACCEPT THAT USER INFORMATION HAS NOT BEEN SCREENED OR VALIDATED BY US IN ANY WAY. WE DO NOT GUARANTEE THAT THE INFORMATION PROVIDED BY THE USERS IS ACCURATE, COMPLETE, OR ERROR-FREE, AND ALL RISKS OF USE OR QUALITY ARE YOURS.
  11. Independent Coach’s Indemnification. In addition to the indemnification provision of the Terms of Service, you agree to indemnify, defend and hold harmless HitnMis and its directors, officers, and employees from any third-party claim or investigation relating to or arising from (i) any negligent or reckless act or omission or intentional misconduct by you or if an entity any of your officers, directors, employees, or agents; (ii) any physical damage to or destruction of property, equipment and/or facilities resulting from accessing or using your Coaching Services; (iii) any physical injury or death to natural persons resulting therefrom; (iv) any breach by you of applicable law, including federal and state employment laws or breach of these Coaching Terms, (v) a determination by a court or agency that you are not an independent contractor; or (vi) your, your affiliates’, or your or their employees’, contractors’ or agents’ activities with respect to your services or the communication, disclosure or use thereof, including without limitation, any breach of the representations and warranties you made. This obligation remains in effect indefinitely.
  12. Limitation of Liability. IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS OF SERVICE, IN NO EVENT SHALL HITNMIS BE LIABLE TO YOU OR TO ANY OTHER PARTY UNDER THESE COACHING TERMS FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER HITNMIS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL HITNMIS’s LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE COACHING TERMS EXCEED THE AMOUNTS PAID BY HITNMIS TO YOU UNDER THESE COACHING TERMS FOR THE COACHING SERVICES OR DELIVERABLES GIVING RISE TO SUCH LIABILITY.
  13. Miscellaneous.
    1. General Terms. These Coaching Terms are Additional Terms subject to, and that supplement, the Terms. Together with the Privacy Policy, Code of Conduct and any other agreements expressly incorporated by reference into these Coaching Terms, these Terms are the entire and exclusive understanding and agreement between you and HitnMis regarding your use of the Service as a Coach. If there is a conflict between these Coaching Terms and the Terms of Service, the provisions of these Coaching Terms control. You and HitnMis agree that any disputes arising in connection with these Coaching Terms will be resolved by binding arbitration as described in the Terms of Service.
    2. Independent Contractor. You acknowledge that you are an independent contractor and no agency, partnership, joint ventures or employee-employer relationship with HitnMis is intended or created by these Coaching Terms or any relationship between us, that you have no power or authority to make any commitments on behalf of HitnMis, and that HitnMis has no power or authority to make any commitments on your behalf. You agree to furnish all tools and materials necessary to accomplish the Coaching Services and shall incur all expenses associated with performance. HitnMis and you agree that you will receive no company-sponsored benefits from HitnMis, where benefits include, but are not limited to, paid vacation, sick leave, medical insurance and 401k participation. If you are reclassified by a state or federal agency or court as HitnMis’s employee, you will become a reclassified employee and will receive no benefits from HitnMis, except those mandated by state or federal law, even if by the terms of HitnMis’s benefit plans or programs of the HitnMis in effect at the time of such reclassification, you would otherwise be eligible for such benefits.
    3. Legal Compliance. You represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties.
    4. Contact Information. The Service is offered by HitnMis. You may contact us through our discord or by emailing us at [email protected]
    5. Survival of Coaching Terms. Sections 6 (User Content), 7 (Coaching Warranties), 10 (User Data), 9 (Termination; Effect of Termination), 10 (Disclaimer; No Warranties), 11 (Independent Coach’s Indemnification), 12 (Limitation of Liability) and 13 (Miscellaneous) of these Coaching Terms will survive termination of these Coaching Terms in accordance with their terms.

Latest Update: 11/22/2023