Terms & Conditions

Use of the Site

You may use the Site only for lawful, personal, and non-commercial purposes, unless we give you written permission otherwise.

You agree not to:

• Use the Site in a way that violates any applicable law or regulation.
• Interfere with the security, functionality, or operation of the Site.
• Attempt to gain unauthorized access to accounts, systems, data, or networks connected to the Site.
• Copy, reproduce, distribute, modify, reverse engineer, or exploit any Site content without our prior written consent.
• Use automated tools, bots, scrapers, or data-mining methods to access or collect information from the Site without permission.
• Submit content that is false, misleading, unlawful, defamatory, infringing, or harmful.

We may suspend, restrict, or terminate your access to the Site at any time if we reasonably believe you have violated these Terms.

Services and Bookings

Descriptions of our services, process, and availability are subject to change without notice. We make reasonable efforts to keep information on the Site accurate, but we do not guarantee that it is complete, current, or error-free.

Fit Calls booked through the Site are free and non-binding. Any paid engagement is governed by a separate written agreement, which takes precedence over these Terms where they conflict.

We reserve the right to decline or cancel any booking or engagement request.

Intellectual Property

The Site and all materials available through it—including our name, logo, designs, text, photographs, graphics, videos, software, layouts, and other content—are owned by or licensed to Second Draft and are protected by applicable intellectual-property laws. Client work is shown with the client's permission.

You may view and use the Site for your personal, non-commercial use only. Nothing in these Terms grants you a license or right to use our intellectual property without our prior written permission.

User Content and Feedback

If you submit comments, ideas, suggestions, feedback, or other content to us (“User Content”), you represent that you have the right to submit it and that it does not violate any third-party rights or applicable laws.

To the extent permitted by law, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, publish, display, distribute, and otherwise use your User Content in connection with our business, marketing, and operation of the Site.

We may, but are not obligated to, monitor, edit, or remove User Content at our discretion.

Third-Party Services

The Site may include links to third-party websites, platforms, scheduling tools such as Calendly, social-media services, or other services that we do not own or control. We are not responsible for their content, availability, security, policies, or practices.

Your use of third-party services is governed by the terms and privacy policies of those third parties.

Disclaimers

The Site and all content and services provided through it are offered on an “as is” and “as available” basis, to the fullest extent permitted by law.

We do not guarantee that the Site will be uninterrupted, secure, error-free, or free from harmful components. We do not make warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, or accuracy.

Nothing in these Terms excludes warranties that cannot be excluded under applicable law.

Limitation of Liability

To the fullest extent permitted by law, Second Draft and its affiliates, agents, suppliers, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of, or inability to use, the Site or services.

Where liability cannot be excluded, our total liability for any claim arising out of or relating to these Terms, the Site, or our services will not exceed the greater of:

• The amount you paid to us for the relevant service giving rise to the claim; or
• One hundred U.S. dollars (US $100).

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Second Draft and its affiliates, agents, suppliers, and licensors from and against any claims, damages, losses, liabilities, costs, or expenses—including reasonable attorneys’ fees—arising from your use of the Site, your violation of these Terms, or your infringement of another person’s rights.

Privacy

We only use the personal information you share with us to respond to your enquiry and provide our services. We do not sell personal information.

Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules.

Any dispute arising out of or relating to these Terms, the Site, or our services will be brought exclusively in the state or federal courts located in Santa Clara County, California, and you consent to the jurisdiction and venue of those courts.

Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page. Your continued use of the Site after updated Terms are posted means you accept the updated Terms.