Terms & Conditions

1. Definitions and Interpretation

In these Terms & Conditions, the following definitions apply:

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2. Acceptance of Terms

2.1 Binding Agreement

By accessing, browsing, or using the Website in any manner, including but not limited to booking a Session or making a Payment, you agree to be legally bound by all terms, conditions, and notices contained herein. This Agreement constitutes the entire legal agreement between you and the Company regarding your use of the Services.

2.2 Methods of Acceptance

You accept this Agreement by:

• Clicking "I Agree" or similar acceptance buttons on the Website;
• Continuing to use the Website after being notified of changes to these terms;
• Booking a Session through the Booking System;
• Making a Payment for any Service; or
• Accessing and using any part of the Website.

2.3 No Agreement Without Acceptance

If you do not agree to these Terms & Conditions, you must immediately discontinue use of the Website and not book any Services.

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3. Eligibility

3.1 Age Requirements

To use the Services, you must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater. By using the Website or booking a Session, you represent and warrant that you meet this eligibility requirement.

3.2 Legal Capacity

You represent and warrant that you have the legal right and capacity to enter into this binding Agreement. If you are entering into this Agreement on behalf of an organization or entity, you represent that you have authority to bind such entity.

3.3 Jurisdiction

The Services are available to users worldwide, subject to applicable local laws. Users located in restricted jurisdictions may be prohibited from using the Services.

3.4 User Status

If you are booking a Session for someone else, you represent that you have obtained their explicit consent and that they meet all eligibility requirements.

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4. User Accounts and Registration

4.1 Account Creation

To book Sessions, you must create an account through the Booking System. You agree to provide accurate, current, and complete information during registration and to update this information promptly if it changes.

4.2 Login Credentials

You are responsible for maintaining the confidentiality of any login credentials, passwords, or access codes. The Company is not responsible for unauthorized access to your account if you fail to protect this information.

4.3 Account Security

You agree to take reasonable measures to protect your account and immediately notify the Company of any unauthorized access or suspicious activity. You are fully liable for all activities conducted under your account.

4.4 Account Termination

The Company may terminate or suspend your account at any time without prior notice if:

• You violate any term of this Agreement;
• You engage in fraudulent or illegal activity;
• Your payment methods are declined multiple times; or
• The Company determines, in its sole discretion, that your continued use of the Services poses a risk.

4.5 Account Deletion

You may request account deletion at any time by contacting the Company. Upon deletion, your account data will be permanently removed, subject to applicable legal retention requirements.

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5. Services Description

5.1 Coaching Services Offered

The Company offers the following coaching services, each provided as a 60-minute one-on-one session via Google Meet:

• Personal & Spiritual Guidance: Faith-centered support to reflect, grow, and strengthen connection to faith while navigating personal challenges.
• Family & Relationship Support: Guidance and practical advice rooted in Islamic principles to nurture healthy, balanced, and fulfilling relationships.
• Coping with Life Challenges: Support and practical strategies to face life's difficulties with clarity, resilience, and purpose rooted in faith.
• Mentorship & Empowerment: Encouragement and actionable guidance to build confidence, make aligned decisions, and step into potential.

5.2 Service Availability

Sessions are available by appointment only. The Coach's availability is subject to the schedule published on the Website. Availability may change without notice.

5.3 Accuracy of Information

While the Company strives to provide accurate and current information about Services, no guarantee is made regarding the accuracy, completeness, or timeliness of any content on the Website. Service descriptions are general in nature and may not cover all aspects of individual coaching relationships.

5.4 No Warranty

The Services are provided on an "as-is" and "as-available" basis without warranties of any kind, express or implied.

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6. Pricing, Payment, and Billing

6.1 Session Pricing

Each Session costs $49.99 USD. This is the total price unless otherwise stated. Prices are subject to change with 30 days' notice.

6.2 Taxes and Fees

You are responsible for all applicable sales tax, VAT, GST, or other taxes based on your jurisdiction. The Company may add applicable tax to your Payment amount at checkout.

6.3 Payment Methods

Payment must be made via PayPal or other payment methods made available by the Company. By submitting Payment, you authorize the Company and its third-party payment processors to charge your account.

6.4 Payment Processing

Payments are processed through third-party payment processors. By making a Payment, you agree to the payment processor's terms and conditions. The Company is not responsible for payment processor failures, delays, or errors.

6.5 Billing Accuracy

You agree to notify the Company of any billing errors within 30 days. The Company will investigate and correct errors in good faith.

6.6 Chargeback Policy

If you initiate a chargeback, reversal, or dispute without first attempting to resolve the matter with the Company:

• Your account will be immediately suspended or terminated;
• You forfeit all remaining Session credits;
• You may be barred from using the Services in the future; and
• The Company reserves the right to pursue legal action for damages.

6.7 Failed Payments

If your Payment fails, the Company will notify you. If Payment is not received within 48 hours, your Session booking will be automatically cancelled without refund.

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7. Refund Policy

7.1 Refund Eligibility

Refunds are available only under the following conditions:

• Cancellation 48+ hours before Session: Full refund of Session cost;
• Cancellation 24-48 hours before Session: 50% refund of Session cost;
• Cancellation less than 24 hours before Session: No refund;
• No-show (User does not join Session): No refund;
• Company cancellation or failure: Full refund.

7.2 Refund Processing

Approved refunds will be processed within 5-7 business days to the original payment method. The Company is not responsible for delays caused by payment processors or financial institutions.

7.3 No Partial Refunds

If a User terminates a Session early or misses part of a Session, no partial refund or credit will be issued.

7.4 Refund Request Procedure

Refund requests must be submitted in writing to coachasma@productivehearts.com with documentation of cancellation. Requests must be submitted within 30 days of the Session date.

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8. Rescheduling and Cancellation

8.1 Rescheduling Policy

Users may reschedule Sessions at no charge, provided that the request is made at least 24 hours before the scheduled Session. Rescheduled Sessions must be booked within 60 days of the original Session date.

8.2 Cancellation Procedure

To cancel a Session, Users must notify the Company through the Booking System or by email to coachasma@productivehearts.com at least 24 hours before the scheduled Session.

8.3 Automatic Cancellation

If a User fails to join a Session within 15 minutes of the scheduled start time, the Session will be automatically cancelled. No refund will be issued for no-shows.

8.4 Company-Initiated Cancellation

The Company may cancel any Session with 48 hours' notice and will provide a full refund or rescheduling option at no charge.

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9. User Obligations and Prohibited Activities

9.1 User Responsibilities

By using the Services, you agree to:

• Provide accurate and truthful information during booking and Sessions;
• Join Sessions on time with a stable internet connection;
• Ensure you have a quiet, private space for Sessions;
• Comply with all applicable laws and regulations;
• Treat the Coach and Company personnel with respect and professionalism; and
• Use the Services solely for their intended purpose.

9.2 Prohibited Activities

You are strictly prohibited from:

• Recording, transcribing, or photographing Sessions without written consent;
• Sharing Session content with third parties without authorization;
• Attempting to book Sessions using false identity or fraudulent payment methods;
• Engaging in any illegal activity or violating any law;
• Harassing, threatening, or abusing the Coach or Company personnel;
• Attempting to access the Website's systems or databases without authorization;
• Reverse engineering, decompiling, or attempting to derive source code;
• Using automated tools, scrapers, or bots to interact with the Website;
• Distributing malware, viruses, or harmful code;
• Spamming, phishing, or engaging in fraudulent activity;
• Violating intellectual property rights of the Company or third parties; or
• Any activity that disrupts or interferes with the Services or Website infrastructure.

9.3 Violation Consequences

Violation of any prohibited activity will result in immediate account suspension, termination, and potential legal action.

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10. Intellectual Property Rights

10.1 Company Ownership

All content on the Website, including but not limited to text, graphics, logos, images, audio, video, coaching materials, and software, is owned by or licensed to the Company and protected by copyright, trademark, and other intellectual property laws.

10.2 Limited License

By accessing the Website, you receive a limited, non-exclusive, non-transferable license to view and use the Website and its content solely for your personal, non-commercial use. This license does not permit downloading, copying, distributing, or modifying any content without express written consent.

10.3 Trademark Use

The names, logos, and marks of Productive Hearts are trademarks of the Company. You may not use these trademarks without prior written permission.

10.4 Coaching Materials

Any coaching materials, worksheets, or resources provided during Sessions are proprietary to the Company and may not be reproduced, distributed, or shared without written consent.

10.5 Third-Party Content

The Website may contain links to or references to content owned by third parties. The Company does not claim ownership of such content and is not responsible for its accuracy or legality.

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11. Confidentiality and Privacy

11.1 Confidential Information

All information disclosed by Users during Sessions is strictly confidential. The Company will not disclose this information to third parties except as required by law or in cases of immediate safety concern.

11.2 Exceptions

The Company may disclose Confidential Information if:

• Required by law, court order, or government authority;
• Necessary to protect the safety or rights of the Company, Coach, or third parties;
• You provide explicit written consent; or
• Required to enforce this Agreement.

11.3 Privacy Policy

Your use of the Website and provision of personal information is governed by the Company's Privacy Policy, which is incorporated into this Agreement by reference. By accepting these terms, you also accept the Privacy Policy.

11.4 Data Protection

The Company complies with applicable data protection laws, including GDPR where applicable. Users have the right to access, correct, or delete their personal data. Requests should be submitted to coachasma@productivehearts.com.

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12. Third-Party Services and Links

12.1 Third-Party Integrations

The Website integrates with third-party services including but not limited to Cal.com (booking platform), PayPal (payment processing), and Google Meet (video conferencing). Use of these services is governed by their respective terms and privacy policies.

12.2 Disclaimer of Liability

The Company is not responsible for:

• Performance, reliability, or availability of third-party services;
• Technical issues, failures, or downtime;
• Data loss or unauthorized access through third-party platforms;
• Content, accuracy, or policies of third-party services; or
• Any damages resulting from third-party service failures.

12.3 External Links

The Website may contain links to external websites. These links are provided for informational purposes only. The Company does not endorse, control, or assume responsibility for external content. Your use of external sites is governed by their terms and policies.

12.4 User Risk

Users access third-party services and external links at their own risk and discretion.

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13. Service Disclaimers

13.1 NOT Professional Mental Health Treatment

13.2 Coach Qualifications

While the Coach, Asma Hafeez, holds certifications in Islamic Counseling and Life Coaching, these qualifications do not constitute licensure as a therapist, psychologist, or medical professional. Users seeking professional mental health treatment should consult with qualified licensed professionals.

13.3 Coaching Limitations

Coaching provides guidance, support, and perspective only. The effectiveness of coaching depends on the User's commitment, openness, and implementation of suggestions. Results are not guaranteed.

13.4 Crisis Resources

If you are experiencing a mental health crisis or emergency, IMMEDIATELY contact emergency services or one of the following resources:

• National Suicide Prevention Lifeline (US): 988 (call or text)
• Crisis Text Line: Text HOME to 741741
• International Association for Suicide Prevention: https://www.iasp.info/resources/Crisis_Centres/

13.5 Medical Advice Disclaimer

Nothing in the Services or on the Website constitutes medical, psychiatric, or psychological advice. Users are responsible for consulting qualified medical professionals regarding health matters.

13.6 No Guarantees

The Company does not guarantee any specific outcomes, changes in circumstances, or personal transformation from coaching Services.

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14. Limitation of Liability

14.1 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID BY THE USER FOR THE SPECIFIC SESSION GIVING RISE TO THE CLAIM.

14.2 Exclusion of Damages

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages;
• Loss of profits, revenue, data, or business opportunity;
• Emotional distress or psychological harm;
• Personal injury or property damage;
• Damages arising from decisions made based on coaching advice; or
• Any damages arising from your use or inability to use the Services.

14.3 Technical Issues

The Company is not liable for damages caused by:

• Internet connection failures or disruptions;
• Technical issues with Google Meet or third-party services;
• Device or software malfunctions; or
• User error or failure to meet technical requirements.

14.4 Applicable Law Exception

Some jurisdictions do not permit the exclusion of certain damages. To the extent applicable law prohibits these limitations, liability shall be limited to the maximum extent permitted by law.

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15. Indemnification

15.1 User Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, employees, agents, and representatives from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your violation of this Agreement;
• Your use or misuse of the Services;
• Your violation of any law or third-party rights;
• Claims that you lacked authority to enter into this Agreement; or
• Any content you provide or actions you take using the Website.

15.2 Indemnification Procedure

You agree to cooperate with the Company in defending any indemnified claims and shall not settle claims without the Company's consent.

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16. AS-IS AND AS-AVAILABLE Disclaimers

16.1 Service Provision

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING:

• The accuracy, completeness, or reliability of Website content;
• The fitness of the Services for any particular purpose;
• The absence of viruses, malware, or harmful code;
• Uninterrupted access or availability of the Website;
• Compliance with your specific needs or expectations; or
• Any other matter whatsoever.

16.2 Technical Performance

The Company does not warrant that the Website will operate without interruption, errors, or technical issues.

16.3 User Assumption of Risk

Your use of the Website and Services is at your sole risk. You assume all responsibility for damages to your device, loss of data, or any other consequences of using the Website.

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17. Termination and Suspension

17.1 Termination by User

You may terminate this Agreement at any time by ceasing use of the Website and canceling any pending Sessions. Upon termination, your account will be closed and you forfeit any unused Session credits.

17.2 Termination by Company

The Company may terminate this Agreement and your access to the Services at any time, with or without cause, by providing written notice to the email address associated with your account.

17.3 Suspension of Services

The Company may suspend your access to the Services immediately and without notice if:

• You violate any provision of this Agreement;
• Your account is used for fraudulent or illegal purposes;
• Payment cannot be processed;
• You engage in abusive or harassing behavior;
• The Company determines your use poses a risk to the Services or other users; or
• Required by law or legal process.

17.4 Effect of Termination

Upon termination or suspension:

• Your right to use the Services ceases immediately;
• Unused Session credits are forfeited unless applicable law requires refund;
• Confidential Information remains protected;
• Provisions that by their nature survive termination (such as indemnification and limitation of liability) remain in effect; and
• The Company may permanently delete your account and associated data after a reasonable period (minimum 30 days).

17.5 No Refund on Termination

Except where specifically provided in the Refund Policy, termination of this Agreement does not entitle you to refunds of any kind.

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18. Governing Law and Dispute Resolution

18.1 Governing Law

This Agreement is governed by and construed in accordance with the laws of the United States of America, without regard to its conflict of law principles. The laws of the state where the Company is located (if applicable) shall apply to the extent permitted.

18.2 Jurisdiction

Both parties consent to the exclusive jurisdiction and venue of the federal and state courts located in the United States for any disputes arising from this Agreement or the Services.

18.3 Dispute Resolution Process

Before initiating legal proceedings, you agree to attempt to resolve disputes through good-faith negotiation. If negotiation fails within 30 days, either party may pursue formal legal remedies.

18.4 Arbitration (Optional)

At the Company's election, disputes may be resolved through binding arbitration administered by JAMS or AAA (American Arbitration Association). The arbitrator shall have authority to award any relief a court could grant. Arbitration proceedings shall be confidential.

18.5 Attorneys' Fees

In any legal proceeding, the prevailing party shall be entitled to recover reasonable attorneys' fees, court costs, and other expenses from the non-prevailing party.

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19. Force Majeure

19.1 Unforeseeable Circumstances

Neither party shall be liable for failure to perform obligations under this Agreement if such failure results from events beyond reasonable control, including but not limited to:

• Acts of God (natural disasters, severe weather);
• War, terrorism, or civil unrest;
• Government actions or regulations;
• Pandemics or epidemics;
• Internet or telecommunications failures;
• Infrastructure failures or power outages; or
• Third-party service failures.

19.2 Notification

The party experiencing a force majeure event shall notify the other party promptly and shall use reasonable efforts to minimize impact on the other party's interests.

19.3 Effect

If a force majeure event prevents performance for more than 30 days, either party may terminate affected Services without penalty. The Company shall offer rescheduling or refund options where feasible.

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20. Amendment and Modification

20.1 Right to Amend

The Company reserves the right to modify these Terms & Conditions at any time. Amendments are effective immediately upon posting to the Website.

20.2 Notification

The Company shall provide notice of material changes via:

• Posting on the Website;
• Email to the address associated with your account; or
• Prominent notice on the Website home page.

20.3 Continued Use as Acceptance

Your continued use of the Website or Services after amendments become effective constitutes acceptance of the modified terms. If you do not accept amendments, you must cease using the Services.

20.4 Material Changes

Material changes (such as price increases or major policy shifts) will be provided with at least 30 days' notice and may provide an opportunity to cancel outstanding bookings without penalty.

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21. Entire Agreement

21.1 Complete Agreement

This Agreement, together with the Privacy Policy and any other policies referenced herein, constitutes the entire agreement between you and the Company regarding the Services and supersedes all prior understandings, negotiations, and discussions, whether written or oral.

21.2 Severability

If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, shall be severed. The remaining provisions shall continue in full force and effect.

21.3 Waiver

Failure of the Company to enforce any provision of this Agreement does not constitute waiver of that provision or any other provision.

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22. Contact Information and Legal Notices

22.1 Contact for Terms Questions

Questions regarding these Terms & Conditions should be directed to:

Productive Hearts
Email: coachasma@productivehearts.com
Website: www.productivehearts.com

22.2 Legal Notice Delivery

Legal notices to the Company should be sent by email to the address above or by certified mail to the address on file. Notices are effective upon receipt.

22.3 Contact Information Accuracy

It is your responsibility to maintain current contact information. Notices sent to outdated email addresses or contact information are considered delivered.

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23. Acknowledgment and Consent

23.1 Acknowledgment

By booking a Session or using the Website, you acknowledge that you:

• Have read and understand these Terms & Conditions;
• Agree to be legally bound by all terms herein;
• Understand the Limitations of Liability and Disclaimers;
• Acknowledge that coaching is not a substitute for professional mental health treatment;
• Agree to maintain confidentiality of coaching content; and
• Accept full responsibility for your use of the Services.

23.2 Consent to Electronic Communication

You consent to receive electronic communications (including email confirmations, receipts, and notices) from the Company. Such communications satisfy any legal requirement for written notice.

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