Terms & Conditions
YOU MUST AGREE TO THE TERMS AND CONDITIONS ("Terms") SET FORTH BELOW BEFORE USING THIS WEBSITE OR OUR SERVICES.
Please read these Terms carefully. Your use of this website signifies your agreement to abide by these Terms. If you do not agree to these Terms, you are not allowed to use the website or our services.
Your access to and use of www.diannwingertcoaching.com (the "Website" or "Site"), and our services, including our AI digital clone "Di AI", owned and operated by Diann Wingert Coaching, LLC (the "Company", "we", "us", "our"), is subject to the following Terms and all applicable laws. By accessing and using the Site or our services, you accept these Terms; provided that these Terms do not supersede any written agreement signed by you and the Company that expressly governs the subject matter hereof.
1. ACCEPTANCE AND MODIFICATION OF TERMS
By accessing or using our Website or services, including Di AI, you agree to be bound by these Terms, our Privacy Policy, and our Website Disclaimer, all of which are incorporated by reference. These documents constitute the entire agreement between you and Diann Wingert Coaching LLC with respect to your use of the Site and services, except to the extent a separate signed agreement expressly governs.
We reserve the right to modify these Terms at any time; however, material changes that substantially affect your rights or obligations will not apply retroactively and will become effective only after the notice period below.
• We will provide advance notice at least 30 days before changes take effect
• Notice will be sent via email and/or displayed prominently on the Website
• You will have the opportunity to review changes before they become effective
• Your continued use after changes take effect constitutes acceptance
For non-material changes (clarifications, minor updates, or legally required changes), updates may take effect immediately with notice via the "Last Updated" date. Your continued use constitutes acceptance of these changes.
2. INTELLECTUAL PROPERTY AND CONTENT OWNERSHIP
2.1 Our Proprietary Content
The Website itself, as well as all content, copy, images, videos, training materials, products, services, coaching frameworks (including but not limited to the Boss Up Breakthrough program), and other materials made available on the Site by the Company (collectively, "Content"), are owned by Diann Wingert Coaching LLC and/or licensed to us by third parties.
All Content is protected by copyright, trademark, and other intellectual property laws. This includes all proprietary frameworks, methodologies, videos, graphics, voice and sound recordings, artwork, photos, documents, text, and software included on the Site or used to train Di AI.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access, view, and use the Site and our services solely for your personal, non-commercial purposes; however, scraping, bulk downloading, or automated harvesting of Content is prohibited.
2.2 Trademarks
"ADHD-ish" and other trade names, trademarks, service marks, and logos used on the Site are either the property of, or used with permission by, Diann Wingert Coaching LLC. The use of such marks is strictly prohibited without express written permission from the Company. Any unauthorized use may violate copyright, trademark, privacy, publicity, and other laws.
All trade names, trademarks, and biographical information of people used in Content are either our property or used with permission. Unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties.
2.3 Di AI Content and Training Data
Di AI has been trained exclusively on content and intellectual property owned by Diann Wingert Coaching LLC, including the Boss Up Breakthrough coaching program and all proprietary frameworks. We retain all rights to this training content.
We grant Coach Vox Ltd. permission to use our content solely for operating, maintaining, and improving Di AI. This license is non-exclusive, worldwide, royalty-free, and continues as long as needed to support Di AI.
2.4 AI-Generated Content Ownership and Usage
Content generated by Di AI in response to your queries ("AI-Generated Content") is owned by Diann Wingert Coaching LLC; we grant you a non-exclusive, non-transferable, revocable license to use it for your personal or internal business purposes, subject to these Terms.
PERMITTED USES:
• You may reference or quote brief excerpts (generally under 100 words) from
AI-Generated Content on social media, blogs, or in your own content, PROVIDED you include attribution such as "Insight from Di AI by Diann Wingert Coaching, LLC."
• You may use AI-Generated Content privately in your own internal business operations without attribution, and you must not represent AI-Generated Content as authored by or endorsed by Diann Wingert.
• You may implement strategies and advice from Di AI in your business activities
PROHIBITED USES:
• Publishing complete conversations or substantial portions (over 25% of any conversation)
• Creating derivative AI products, model weights, prompts, or datasets, or training, fine-tuning, or benchmarking competing AI systems
• Republishing AI-Generated Content in books, courses, or paid products without written permission
• Removing or obscuring attribution when sharing publicly
3. DI AI DIGITAL CLONE - SPECIFIC TERMS
3.1 Access and Account Requirements
To access Di AI, you must:
• Be at least 18 years of age
• Provide your name and email address
• Agree to these Terms, our Privacy Policy, and our Disclaimer
• Provide accurate and complete information
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other security breach.
Di AI is currently offered as a free service during our beta phase. We reserve the right to introduce paid access in the future. If we transition to a paid model, we will provide at least 30 days' advance notice to all users, and existing users will have the option to continue under grandfathered terms or transition to the new pricing structure.
3.2 Nature of Di AI Service
Di AI is an artificial intelligence system built on the Coach Vox platform and trained on Diann Wingert's proprietary content. You acknowledge and agree that:
• Di AI is NOT a human being and cannot replace professional coaching, therapy, legal, or financial advice
• Di AI may produce inaccurate, incomplete, or misleading responses ("hallucinations")
• Di AI responses are generated by AI and may not always reflect Diann Wingert's current views
• You use Di AI at your own risk and must exercise independent judgment
• Di AI is for informational and educational purposes only
• We make no guarantees about outcomes or results from using Di AI
Please note: Di AI is currently in beta and offered as a free service. We are actively refining the AI's capabilities based on user feedback. You may occasionally experience:
• Response delays during high-traffic periods
• Inconsistencies as we update training data
• Service interruptions for maintenance and improvements
We appreciate your patience and feedback as we optimize Di AI.
3.3 Prohibited Uses of Di AI You agree NOT to use Di AI to:
• Generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful
• Attempt to reverse-engineer, extract, or replicate the AI model, system prompts, safety layers, or training data
• Create competing AI coaching services or products
• Share your account access with others
• Submit malicious code, viruses, or attempt to compromise system security
• Violate any applicable laws or regulations
• Impersonate any person or entity
• Harvest or collect information about other users
• Use automated systems (bots, scrapers) to access Di AI
• Attempt to overwhelm or disrupt the service
• Use Di AI for emergencies or crisis intervention
• Violate the Coach Vox Terms of Service or Acceptable Use Policy
3.4 Data Processing and Joint Controller Arrangement
Di AI is built on the Coach Vox platform. For data processing purposes:
• Your account data (name, email): Diann Wingert Coaching LLC is the data controller; Coach Vox is the processor
• Your conversation data: Diann Wingert Coaching LLC and Coach Vox are joint controllers solely for service delivery, security/abuse prevention, quality assurance, and limited technical improvement that does not use your content to train unrelated third‑party models
• Security logs: Coach Vox is the independent controller
• Your data may be accessed by both Diann Wingert Coaching LLC and Coach Vox team members for service delivery, security/abuse prevention, and quality assurance only.
Full details are provided in our Privacy Policy. You can exercise your data rights with either Diann Wingert Coaching LLC or Coach Vox Ltd.
By using Di AI, you also agree to Coach Vox's applicable terms, which can be reviewed at https://coachvox.ai/terms-and-conditions/. In the event of any conflict between these Terms and Coach Vox's terms, these Terms shall govern the relationship between you and Diann Wingert Coaching LLC.
4. USER CONTENT AND SUBMISSIONS
When you interact with Di AI or submit comments, feedback, or suggestions about the Site or our services ("User Submissions"), you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publish, and distribute such submissions for any purpose; however, we will not publicly attribute your submissions to you without your consent.
User Submissions shall become, and shall remain, the sole property of Diann Wingert Coaching LLC; however, we will treat any personal data contained in User Submissions in accordance with our Privacy Policy.
You represent and warrant that you own or have the necessary rights to any content you submit, and that your submissions do not violate any third-party rights or applicable laws.
5. PAYMENT INFORMATION AND REFUNDS
We use Stripe as our payment processor and do not have direct access to or store your credit card details. All payment data is handled by Stripe in accordance with their privacy policy and PCI-DSS requirements.
Di AI is currently offered as a free service. All payment information in these Terms applies to our other coaching programs, products, and services only.
For Di AI specifically:
• No payment is currently required for access
• No subscription fees
• No automatic renewals
• If we introduce paid access in the future, we will update these Terms and provide 30 days' advance notice
For our coaching programs and other paid offerings:
• Payment is processed through Stripe
• We do not have access to or store your credit card information
• Specific payment terms, pricing, and refund policies are provided at the time of purchase
• All sales are subject to our standard refund policy communicated at purchase
6. SERVICE AVAILABILITY AND MODIFICATIONS
We reserve the right to modify, suspend, or discontinue any part of our Website or services, including Di AI, at any time, with or without notice, and without liability to you, except as expressly stated in these Terms. We may do so for any reason, including but not limited to:
• Technical maintenance or improvements
• Security concerns or abuse prevention
• Legal or regulatory requirements
• Business decisions or strategic changes
• Third-party service disruptions (including Coach Vox platform issues)
• Technical emergencies
For material changes or permanent discontinuation, we will provide reasonable advance notice (typically 30 days) via email or platform notification when feasible, allowing you to download or transfer any relevant data where applicable.
We may make immediate changes without prior notice when required by law, necessary for security, or due to technical emergencies.
You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuation of our services.
7. DATA RETENTION AND DELETION DATA RETENTION FOR DI AI:
• We retain conversation data for 12 months after your last interaction with Di AI
• You may request deletion of your data at any time by emailing support@diannwingertcoaching.com
• Upon receiving a deletion request, we will permanently delete your conversation data within 30 days, subject to applicable legal, security, or backup retention requirements described below.
• Account information (name and email) will be deleted upon request or 24 months after your last interaction, whichever comes first
• Please note: Coach Vox may maintain minimal security logs (IP addresses, timestamps) for up to 90 days for platform security purposes, as outlined in our Privacy Policy
ACCOUNT INACTIVITY:
• If you have not accessed Di AI for 12 months, we may send a notification to your email address
• If you do not respond within 30 days, we will automatically delete your conversation data, subject to backup retention timelines below.
• You can prevent deletion by logging in to Di AI or responding to our notification
BACKUP RETENTION:
• Deleted data may persist in backup systems for up to 90 days before permanent deletion
• During this period, data is not accessible or used for any purpose
8. DISCLAIMERS AND WARRANTIES
WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE INFORMATION, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE SITE OR PROVIDED THROUGH OUR SERVICES, INCLUDING DI AI, AND SUCH CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS.
THE SITE, ALL CONTENT, AND ALL SERVICES (INCLUDING DI AI) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
● IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
● WARRANTIES REGARDING ACCURACY, RELIABILITY, OR CORRECTNESS OF CONTENT OR AI RESPONSES
● WARRANTIES THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
● WARRANTIES THAT DEFECTS WILL BE CORRECTED
● WARRANTIES THAT THE SITE OR SERVICES ARE FREE FROM BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS
● WARRANTIES OR GUARANTEES REGARDING INCOME, EARNINGS, OR RESULTS FROM USING OUR SERVICES
YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AND BUSINESS OPPORTUNITIES. YOUR SUCCESS IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES, EXECUTION, TIME COMMITMENT, FINANCES, KNOWLEDGE, AND SKILL.
9. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIANN WINGERT COACHING LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND SERVICE PROVIDERS (INCLUDING COACH VOX LTD.) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO:
● Your use of or inability to use the Site or services, including Di AI
● Any reliance on content, advice, or AI-generated responses
● Errors, omissions, or inaccuracies in content or AI responses
● Damage or loss of property, equipment, information, or data
● Loss of profits, revenue, business opportunities, or goodwill
● Unauthorized access to or use of your account or personal information
● Service interruptions or transmission problems
● Third-party services or websites, including Coach Vox platform issues
● Any defect in the Site, content, or services
● Bugs, viruses, or other harmful components
● Any other cause related to your use of the Site or services
IN NO EVENT WILL OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES EXCEED THE GREATER OF (A) US$100 OR (B) THE AMOUNTS YOU PAID US (IF ANY) FOR THE SERVICE THAT GAVE RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE CLAIM AROSE. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
10. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Diann Wingert Coaching LLC and its officers, directors, employees, agents, affiliates, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to, to the extent caused by you:
● Your breach of these Terms
● Your violation of any law or rights of any third party
● Your use of the Site or services, including Di AI
● Any content you submit or share through our services
● Your misuse of AI-generated content
● Your conduct in connection with the Site, services, or other users
We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification. In such an event, you shall provide us with such cooperation as is reasonably requested.
11. THIRD-PARTY SERVICES AND PLATFORMS
WE SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR SERVICE PROVIDER (INCLUDING BUT NOT LIMITED TO STRIPE PAYMENT SERVICES, COACH VOX PLATFORM, WEB HOSTING PROVIDERS, OR EMAIL SERVICE PROVIDERS). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER.
We reserve the right to determine, in our sole discretion, whether we are responsible for any malfunction or disruption; however, we have no obligation to provide refunds unless expressly stated in a written refund policy applicable to the specific offering
ACCOUNT SUSPENSION AND TERMINATION
We reserve the right to suspend or terminate your access to the Site and services, including Di AI, at any time and for any reason, with or without notice; however, where legally required we will provide notice and an opportunity to cure unless immediate action is necessary to protect the service or others. We may immediately suspend or terminate your account if you:
● Violate these Terms or our Acceptable Use policies
● Violate applicable laws or regulations
● Upload illegal or prohibited content
● Engage in activities that threaten service security or stability
● Use the service to harass, abuse, or harm others
● Attempt to gain unauthorized access to the service or other users' accounts
● Fail to pay fees when due (if applicable)
● Provide false or misleading information
● Have extended periods of inactivity (12 months or more)
Where possible, we will provide notice before suspension or termination. For serious violations, we may take immediate action without notice. Upon termination, you may lose access to your account and content. We reserve the right to report illegal activities to relevant authorities. We will exercise these rights reasonably and in good faith.
12. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any principles of conflicts of law.
You agree that any legal action or proceeding arising out of or relating to these Terms or your use of our services shall be brought exclusively in the state or federal courts located in Tillamook County, Oregon; provided that we may seek injunctive or equitable relief in any court of competent jurisdiction to protect our intellectual property or confidential information.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
VIRTUAL BUSINESS NOTICE:
Diann Wingert Coaching LLC operates as a virtual business serving clients globally.
While we are registered in Oregon, our services are provided remotely via
internet-based platforms. This Oregon jurisdiction applies regardless of your physical location when accessing our services.
13. GENERAL PROVISIONS
13.1 Entire Agreement
These Terms, together with our Privacy Policy and Website Disclaimer, constitute the entire agreement between you and Diann Wingert Coaching LLC regarding your use of the Site and services, and supersede all prior agreements.
13.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable. The validity and enforceability of all other provisions shall remain unaffected.
13.3 No Waiver
No failure or delay by us in exercising any right, power, or remedy under these Terms shall operate as a waiver of any such right, power, or remedy. No waiver shall be effective unless it is in writing and signed by an authorized representative of Diann Wingert Coaching LLC.
13.4 Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent; we may assign these Terms, in whole or in part, without notice, including to an affiliate or in connection with a merger, acquisition, or sale of assets.
13.5 Survival
All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. CONTACT INFORMATION
If you have any questions about these Terms or wish to report violations, please reach out to us by email:
Diann Wingert Coaching, LLC
Email: support@diannwingertcoaching.com Website: www.diannwingertcoaching.com
15. ACKNOWLEDGMENT AND ACCEPTANCE
BY USING OUR WEBSITE OR SERVICES, INCLUDING DI AI, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY AND WEBSITE DISCLAIMER INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR WEBSITE OR SERVICES.
Diann Wingert Coaching, LLC
Last Updated: January 27, 2026