Please read carefully. By purchasing or using any services provided by PhoenixECG, you agree to be bound by these Terms and Conditions in their entirety. You must be at least 18 years old to use our services.
The following constitutes a legal agreement between you ("Client," "you," "your") and PhoenixECG ("Company," "we," "us," "our"). By purchasing coaching, consulting, or software services from the Company, or by accessing our platforms, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety.
By engaging the Company's services you agree to abide by these Terms and Conditions as they may be amended from time to time at the Company's sole discretion. These Terms apply to all current and future services for which you contract with the Company including all payment terms.
You agree that any agents, representatives, employees, or persons acting on your behalf with respect to Company services shall be bound by and abide by these Terms and Conditions.
The Company reserves the right to modify its services, platforms, and these Terms at any time. All changes are effective immediately upon posting. Your continued use of Company services following any modification constitutes your acceptance of the revised Terms.
To use our website or services you must meet all of the following requirements:
By accessing our services you represent and warrant that you meet all eligibility requirements. The Company may terminate your access without notice if you fail to comply with these Terms or if you are found to be using services for competitive purposes.
All coaching frameworks, consulting strategies, systems, programs, software, course materials, and related content developed or owned by PhoenixECG (collectively "Company Materials") remain the sole and exclusive property of the Company at all times. Client acknowledges that no ownership interest in Company Materials is acquired through this Agreement.
Client may not reproduce, distribute, modify, create derivative works from, sell, or otherwise exploit Company Materials without prior written consent from the Company.
By submitting any content to the Company — including testimonials, results, case studies, community posts, photos, videos, or other materials — you grant PhoenixECG a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, display, distribute, and otherwise exploit such content in any medium now known or hereafter developed for any business purpose including marketing and promotional use. You represent that you own or have the right to submit all content you provide and that such content does not violate the rights of any third party.
Any content created by you in connection with Company programs that falls within the definition of "work made for hire" under Section 101 of the United States Copyright Act shall be deemed property of PhoenixECG from the moment of creation.
All information disclosed by the Company to the Client — including frameworks, strategies, systems, pricing, processes, and business methods — shall be deemed Confidential Information regardless of whether marked as confidential. Client shall not disclose, transfer, or use Confidential Information for any purpose other than engaging the Company's services. This obligation survives termination of this Agreement.
You may use our services for lawful purposes only. You agree not to:
The Company reserves the right to terminate your access immediately and without notice for violation of any prohibited use.
PhoenixECG may provide access to online communities as part of its programs. All community members are expected to contribute positively and professionally. The Company reserves the right to remove any member from any community at any time and for any reason at its sole discretion. Community removal does not entitle the removed member to a refund.
For software, recurring coaching, online membership, or consulting services, this Agreement begins on the sign-up date coinciding with the initial payment and continues as follows:
Renews at the end of each 30-day period for a successive 30-day term unless either party provides written 10-day notice of intention not to renew.
Renews at the end of each 365-day period for a successive 365-day term unless either party provides written 10-day notice of intention not to renew.
One-time purchases including strategy sessions, events, and in-person consulting are not subject to renewal terms unless otherwise specified in writing.
Client agrees to pay all applicable charges in United States dollars in accordance with mutually agreed payment terms including all applicable taxes. By providing a payment method Client authorizes PhoenixECG to charge applicable fees in advance.
In the event collection proves necessary Client agrees to pay all fees incurred by that process including attorney fees and court costs.
PhoenixECG offers a 7-day satisfaction guarantee on all coaching and group programs. If you are not satisfied you may request a full refund within 7 days of your enrollment date provided that you have accessed less than 20% of the program content. Refund requests must be submitted in writing to [email protected] within the 7-day guarantee period.
After 7 days from enrollment or after accessing 20% or more of the program content — whichever occurs first — all fees are non-refundable. No exceptions will be made after this period regardless of circumstances.
Setup fees are non-refundable under all circumstances. Deployment work begins immediately upon receipt of the setup fee and the investment is applied directly to the cost of configuring and installing your system.
Monthly licensing fees do not begin until 30 days after setup completion. This gives you a full 30 days of live operation to experience the system before your first licensing payment is processed.
Monthly licensing may be cancelled with 10 days written notice to [email protected] prior to any billing date. Annual licensing may be cancelled with 10 days written notice prior to the annual renewal date. No prorated refunds are issued for unused licensing periods.
Once your system is fully deployed and licensing has begun all fees are non-refundable as the infrastructure has been built, configured, and delivered.
All premium consulting engagements are non-refundable. Custom work begins immediately upon engagement and the intellectual work product delivered to date is retained by the client upon cancellation. Premium consulting engagements may be cancelled with 30 days written notice to [email protected].
Client agrees not to initiate a chargeback with their bank or credit card issuer for any fees paid to PhoenixECG while these Terms are in effect. In the event of a chargeback Client acknowledges that these Terms together with enrollment confirmation and program access records constitute sufficient proof of services and products being delivered as described. PhoenixECG reserves the right to pursue collection of any chargebacked amounts together with all associated fees including attorney fees and court costs.
All refund requests must be submitted in writing to [email protected] and include your full name, enrollment date, program or service purchased, and reason for the request. PhoenixECG will respond to all refund requests within 5 business days.
Client acknowledges that results from coaching, consulting, and software services depend entirely on client effort, participation, market conditions, and factors outside the control of PhoenixECG No specific outcome, revenue target, or contract award is guaranteed. Past client results displayed on phoenixecg.com are provided for illustrative purposes only and do not guarantee or imply that current or future clients will achieve similar results.
Client agrees not to directly or indirectly solicit, recruit, hire, or engage any current or former employee, contractor, or coach of PhoenixECG who was engaged by the Company within the preceding 180 days. In the event of a violation of this clause Client agrees to pay PhoenixECG a fee equal to the greater of $20,000 USD or 50% of the annual compensation of the solicited individual. This obligation survives termination of this Agreement for a period of 12 months.
Any unlimited or group service offerings are subject to a Reasonable Use Policy to ensure quality of service for all clients. PhoenixECG reserves the right to define reasonable use at its sole discretion. If the Company determines that your use is unreasonable it may offer an alternative service plan, impose additional charges, or suspend or terminate access for breach of this policy.
You agree to defend, indemnify, and hold harmless PhoenixECG, its affiliates, successors, assignees, officers, directors, employees, and agents from and against any and all claims, causes of action, damages, liabilities, costs, and expenses including attorney fees arising out of or related to your breach of any obligation, warranty, representation, or covenant set forth in these Terms, your use of Company services, or your violation of any applicable law or third-party right.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SPECIFIC RESULTS FROM ITS SERVICES. ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES ARISING FROM THIS AGREEMENT. THE COMPANY'S TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT IN THE 90 DAYS PRECEDING THE CLAIM.
Neither party shall have liability for failures resulting from conditions beyond their reasonable control including governmental action, natural disasters, power failures, or labor disruptions.
Before initiating any legal proceeding the parties agree to attempt to resolve any dispute through good faith negotiation for a period of 30 days. If the dispute cannot be resolved through negotiation the parties agree to submit to binding arbitration in Fulton County, Georgia before a single arbitrator in accordance with the American Arbitration Association rules. The prevailing party shall be entitled to recover reasonable attorney fees and costs.
This Agreement shall be construed in accordance with the laws of the State of Georgia. Should any dispute proceed to litigation venue shall be laid exclusively in a court of competent jurisdiction in Fulton County, State of Georgia.
If any provision of this Agreement is found to be unenforceable the remaining provisions shall continue in full force and effect.
This document constitutes the entire understanding between the parties and supersedes all prior agreements, representations, and understandings. This Agreement may only be modified in writing signed by both parties.
For questions about these Terms and Conditions contact us: