Terms & Conditions

PLEASE NOTE: This agreement contains specific provisions for EU/UK participants regarding their right of withdrawal. Please read carefully. By using or purchasing services and programs from Functions That Scale, you agree to these Terms and Conditions. If you disagree, do not access our website, programs, or services.

1. Introduction

Welcome to Functions That Scale ("Company," "we," "us," or "our"). These Terms and Conditions of Use ("TOU") govern your use of our website, online courses, coaching programs, workshops, membership areas, or any other services or products (collectively, the "Program") offered by Functions That Scale through www.functionsthatscale.com ("Website") or third-party platforms.

2. Eligibility

• Age Requirement: The Program is intended for individuals aged 18 and above. By accessing our services, you confirm that you meet this requirement.
• Participants: Programs are tailored to entrepreneurs, businesses, and professionals seeking scaling solutions.
• Non-Transferable Access: Program access and benefits are non-transferable.

3. Registration, Fees, and Payment

• You must register and pay the full fee at checkout to access any Program.
• By registering, you agree to provide accurate and complete information.
• Payment must be made in full before accessing the Program. Installments may be allowed at our discretion and subject to terms provided at checkout.
• Failure to pay installments on time will result in suspension or termination of access without a refund.
• Late payments may attract penalties or collection costs.

4. No Refunds Policy

Functions That Scale maintains a strict no refunds policy, except where required by law, including for participants in the EU/UK as outlined below. By purchasing our services, you agree to these terms.

• General Provisions: All sales are final. Withdrawals from the Program, failure to attend, or dissatisfaction will not entitle you to a refund.
• Chargebacks: Any chargeback initiated against the Company will be disputed, and you will be liable for associated fees. Chargeback abuse may result in reporting to relevant credit or fraud databases.

5. EU/UK Right of Withdrawal

Participants from the EU/UK have the right to withdraw from this agreement within 14 days of purchase or acknowledgment of these TOU, whichever is later, provided:

• You have not begun accessing the Program.
• The Program services have not been fully delivered.

Exercise of Right: To withdraw, you must notify us via a clear, written statement within the 14-day period.

Refund for Withdrawal:

• If eligible, you will receive a 50% refund of the Program fee within 14 days of your withdrawal notification.
• Refunds will be processed using the original payment method.

6. Program Details and Changes

The Program content, schedule, and delivery methods may change at the Company's sole discretion. You agree that:

• Access to recorded materials is subject to your compliance with TOU.
• Changes to content or services do not entitle you to a refund.
• Programs delivered virtually may require stable internet access, which is your responsibility.

7. Guest Coaches and Coach Substitutes

Functions That Scale reserves the right to engage guest coaches or substitutes for delivering its Programs. We may assign duties, responsibilities, and obligations under these TOU to any qualified third party, at our sole discretion, without prior notice or consent.

Participants agree that their perception of the qualifications of a guest coach or substitute does not constitute grounds for a refund. Requests for refunds on such a basis will be denied.

8. Intellectual Property Rights

a. Ownership of Content

The content provided through our Website, Programs, or any associated platform—whether videos, documents, designs, images, recordings, or other materials (“Content”)—is the exclusive property of Functions That Scale or its licensors. Content is protected by copyright, trademark, and other intellectual property laws.

b. Limited License to You

Upon purchasing or accessing a Program, you are granted a revocable, non-transferable license for personal, non-commercial use only. You may:

• View and download individual pages or resources for your personal or internal business use.

You may not:

• Copy, reproduce, distribute, or otherwise exploit the Content for commercial purposes.
• Share, republish, or distribute Content to third parties without prior written consent from Functions That Scale.

Ownership of the Content remains with the Company, and unauthorized use constitutes infringement.

c. Lifetime Access

For participants granted lifetime access to specific Programs, access is contingent on compliance with these TOU and remains valid only for the duration the Program is offered by the Company. The Company reserves the right to terminate lifetime access for violations of these TOU without notice or refund.

d. Recorded Coaching and Live Events

Coaching sessions and live events may be recorded and shared within the Program. These recordings are considered Content and may not be downloaded, copied, or shared. The unavailability of recordings does not constitute grounds for a refund.

e. Unauthorized Use

Unauthorized use of Content will result in a liquidated damages charge of five times the Program fee or a minimum of KES 500,000, plus any additional legal remedies. Unauthorized use may also result in injunctive relief.

f. Submissions and Testimonials

By posting or submitting materials during the Program (e.g., comments, photos, designs), you grant Functions That Scale an unlimited, royalty-free license to use, modify, and distribute such contributions in connection with its business. You also consent to the use of your likeness, voice, and name for marketing or Program purposes without compensation.

g. Request for Permission to Use Content

Requests to use Content must be submitted in writing via the support form on our Website. Unauthorized use will be treated as a breach of these TOU, requiring immediate cessation of use and any corrective action prescribed by Functions That Scale.

9. Coach/Client Relationship and Responsibilities

a. Company Responsibilities

Functions That Scale provides coaching services designed to support participants with tools, resources, and feedback. Communication channels may include live sessions, forums, or recorded materials, as detailed in the Program description.

b. Participant Responsibilities

Participants are responsible for:

• Engaging with all provided materials and completing assigned tasks.
• Participating in coaching calls and forums.
• Asking for guidance or feedback when needed.

Participants acknowledge that coaching is not a substitute for professional advice in areas such as medical, mental health, or legal matters.

c. Conduct

Participants are expected to behave respectfully in all interactions. The following are prohibited:

• Harassment or disrespectful conduct toward others.
• Promoting products, services, or events to other participants without authorization.
• Sharing private Content or participant information without consent.

Violation of these terms may result in termination of access without refund.

10. Confidentiality

While the Company strives to maintain a safe and respectful environment, it cannot guarantee confidentiality of information shared within the Program. Participants are advised to use discretion when discussing personal or sensitive information.

Coaching calls and forum posts may be recorded or shared within the Program. Unauthorized sharing of recordings or posts will result in termination of access.

11. Community Guidelines

Participants are expected to foster a supportive, inclusive environment. Discriminatory language or behavior, hate speech, and disrespectful conduct are strictly prohibited. Violations may lead to removal from the Program without refund.

12. Username and Password

Participants must maintain the confidentiality of their account credentials. Sharing account access or Program materials with unauthorized individuals is a breach of these TOU, resulting in account suspension or termination without refund.

13. Reviews and Feedback

Participants are encouraged to provide honest feedback. However, defamatory, false, or misleading statements, or the sharing of confidential Company information, is prohibited. Complaints or concerns should be directed to the Company through the support form on the Website.

15. Live or In-Person Events

If you participate in any live or in-person events as part of the Program, you agree to:

• Follow Rules and Instructions: Adhere to all posted rules and instructions provided by the Company, its representatives, or event personnel.
• Exhibit Proper Behavior: Demonstrate respect for all participants, staff, and property. The Company reserves the right to remove any participant whose behavior is deemed unsafe, disruptive, or detrimental to the event, without refund.
• Abstain from Impairing Substances: Refrain from consuming alcohol or substances that could impair judgment before participating in any physical activities. Alcohol consumption, if permitted, is only allowed responsibly and for individuals aged 18 or older (or the legal drinking age in the event location).

Medical Consent and Liability:

In case of an injury, you consent to medical care and transportation deemed necessary by event staff or professionals. The Company is not liable for injuries or medical incidents arising during the event.

Personal Property:

The Company is not responsible for loss, theft, or damage to personal items during events.

16. Termination or Cancellation

The Company reserves the right to terminate your access to the Program, Content, or any associated forums at any time, without notice, if:

• You breach any part of these TOU.
• Your behavior disrupts or endangers others.
• For any reason at the Company’s sole discretion.

Participant-Initiated Cancellation:

To cancel your access or participation, provide written notice through the support form on the Website. No refunds will be issued, as outlined in the Refund Policy.

Upon termination, you lose access to the affected portions of the Program and Content. Restrictions on use of Program materials, as stated in these TOU, remain in effect indefinitely.

17. Personal Responsibility, Assumption of Risk, and Release

a. Assumption of Risk

You acknowledge and accept all inherent risks associated with participation in the Program, including physical, emotional, and financial risks. You release the Company, its staff, and affiliates ("Releasees") from any liability for injury, loss, or damage incurred during your participation.

If this release is deemed unenforceable, damages will be limited to the total amount paid to the Company for the Program.

b. Professional Advice Disclaimer

The Program and Content are informational and educational. They do not replace professional financial, legal, medical, or psychological advice. You are solely responsible for consulting qualified professionals for specific concerns.

c. Earnings and Results Disclaimer

The Company makes no guarantees regarding outcomes or earnings from participation in the Program. Results vary based on individual effort and circumstances.

d. Third-Party Links and Services

The Program may include links to third-party websites or services. The Company is not responsible for third-party content or activities. Research and interaction with such parties are your responsibility.

e. Access and Availability

While the Company strives to provide uninterrupted Program access, there may be disruptions due to maintenance or unforeseen issues. The Company is not liable for temporary access issues.

f. No Warranties

The Program and Content are provided "as is," with no warranties of any kind, express or implied. The Company disclaims all warranties, including those of merchantability and fitness for a particular purpose.

g. Limitation of Liability

The Company is not liable for any direct, indirect, incidental, or consequential damages arising from participation in the Program or use of the Content.

18. Security

The Company takes reasonable measures to protect personal information but cannot guarantee the security of data transmitted electronically. Participation in the Program and communication with the Company are at your own risk.

19. Legal Disputes

• a. Jurisdiction: These TOU are governed by Kenyan law. Any disputes shall be resolved in Kenyan courts, specifically in Nairobi, unless otherwise agreed by the parties.
• b. Time Limitation: No claim arising from these TOU may be filed more than one (1) year after the cause of action accrues.
• c. Legal Costs: The prevailing party in any dispute will be entitled to recover reasonable attorneys’ fees and costs.

20. Users Outside Kenya

The Company operates from Kenya and makes no representation that the Program is appropriate or available in other locations. Users accessing the Program from outside Kenya are responsible for compliance with local laws.

21. Indemnification

You agree to indemnify and hold harmless the Company and its affiliates from claims, damages, liabilities, and expenses arising from your use of the Program, breach of these TOU, or any unlawful activities conducted by you.

22. Force Majeure

The Company is not liable for failure to perform due to events beyond its reasonable control, including natural disasters, pandemics, governmental actions, or other Force Majeure events.

23. Entire Agreement and Modifications

These TOU constitute the entire agreement between you and the Company, superseding all prior agreements.

• a. Severability: If any provision of these TOU is deemed unenforceable, the remainder will remain in effect.
• b. Modification and Waiver: The Company may update these TOU at its discretion. Continued participation in the Program constitutes agreement to any modifications.

By acknowledging these terms during registration, you agree to comply with all provisions outlined in these TOU.