Coach Terms

About these terms

These terms are the agreement between you and Heartful Services Ltd when you use Swirlwise to build and run your coaching website, courses, booking and emails. They apply from the moment you start a trial. Please read them; they take about ten minutes. Version coach-1.0, 8 November 2026.

In short: you own your site and your content, and you decide what happens to your clients' details. We host it all, keep it safe and act only on your instructions. You pay monthly and can stop at any time.

1. Who we are and who you are

Swirlwise is a trading name of Heartful Services Ltd, a company registered in Scotland, company number SC638807 ("we", "us"). Registered office and contact details: https://swirlwise.com/legal. Email: hello@swirlwise.com.

"You" means the coach or business that signs up. You must be 18 or over, and you use Swirlwise for your business or profession, not as a private consumer. If you sign up for a company or partnership, you confirm that you may agree to these terms for it.

One account per coach or business. Keep your sign-in to yourself; you are responsible for what happens under your account. Tell us at once if you think someone else got in.

2. The service

Swirlwise lets you build and publish a website on your own address at <name>.splendidcoach.com and, where your plan includes them, courses for your learners, a booking page for your clients, sign-up pages and emails to your contacts. We host your site, keep it running, back it up and improve the service over time.

Features change as we improve them. We will not remove a main feature of the plan you pay for without telling you at least 30 days before.

We work to keep Swirlwise available all the time, but we cannot promise it will never be down or never have a fault. We plan maintenance outside UK working hours where we can.

Set-up help. If you ask us to help set up your site or course for a fee, our staff work on your written instruction (an email is enough), get access to that site or course only while they help, work on content only, and see your clients' or learners' details only if you ask them to. You stay the owner.

3. Trial and trial codes

• Trial with a code: 30 days, no card needed.
• A trial code works until the date shown with it, and only for the number of sign-ups it was made for. It has no cash value and may not be sold.
• One trial per coach or business.
• We may stop a code that is used against its purpose (for example posted publicly when it was given to one group). Trials already running keep their days.
• When we offer a trial without a code, its length is shown when you start it.
• We email you 3 days before your trial ends. To keep going, choose a plan in Settings. If you don't, section 5 applies.

4. Subscription and payment

• Prices and what each plan includes are shown on our pricing page and at checkout, in the currency shown.
• We are not registered for VAT, so we add no UK VAT. If your country taxes services bought from abroad, you account for that tax where its law asks you to (reverse charge). If we ever have to add a tax, we tell you at least 30 days before, as for a price change.
• You pay monthly, in advance, by card through Stripe. Your subscription renews each month until you cancel.
• Cancel at any time in Settings. Your plan runs to the end of the month you paid for, and we charge nothing more.
• We don't refund part months, unless the law requires it or we end the service without any fault of yours (then we refund the unused part).
• Price changes: we tell you by email at least 30 days before. The new price applies from your first payment after those 30 days. You can cancel before then.
• If a payment fails, we tell you and Stripe tries again. If it is still unpaid after 7 days, section 5 applies.

5. When a trial or subscription ends

• Grace: for 7 days after your trial ends, your paid month runs out after a cancel, or a payment stays unpaid, everything keeps working and we remind you.
• After those 7 days your public pages go offline (visitors see a short "this site is not available" page), booking and emails stop, and your learners can no longer open your courses.
• For 90 days after that we keep your drafts, pages, courses and your clients' and learners' details, so you can come back by choosing a plan. Your name on splendidcoach.com stays reserved for you in that time.
• After the 90 days we delete it all. Copies in our backups are gone within a further 30 days.
• If your learners paid you for a course, tell them in good time before your account ends. What you owe them is between you and them.

6. Your content and your site

Your content stays yours: your texts, pictures, videos, courses, your name and your brand. You give us a free, non-exclusive licence to host, copy, store, back up, show and format it (for example for phones, or as the picture shown when someone shares your page) as needed to run your site and the service, for as long as it is on Swirlwise. We don't use your content to advertise Swirlwise unless you say yes.

Your public pages are open to search engines and AI search tools by default, so people can find you. You can change this in your site settings.

You promise that you have the rights to everything you publish (including photos, music and quotes), that testimonials are real and used with the client's permission, and that what you publish follows section 7.

Our part stays ours: the Swirlwise software, page designs, section layouts, templates, icons and drawings. You may use them for your Swirlwise site while your account is open, not elsewhere.

Texts or pictures our AI tools suggest are yours to use, edit or drop. Check them before you publish: they can be wrong, and you are the one publishing them.

7. Fair use: what is not allowed

• Nothing illegal, and nothing that breaks someone else's copyright, trade mark or privacy.
• No impersonation: don't pretend to be another coach, business, public body or us, and don't use someone else's name, photo or logo without their permission.
• No false or fake claims: no invented testimonials or reviews, no qualifications you don't hold, no results you can't back up.
• Health and money claims: don't claim to diagnose, treat or cure any illness or condition, and don't give medical, psychological, legal or financial advice you are not qualified and allowed to give. Any claim about results (health, weight, income) needs evidence you hold and can show if asked.
• Adults only: your site, courses, booking, sign-up pages and emails are for adults (18 and over). No content aimed at children, and no learner places or sessions for anyone under 18.
• Emails: send them only to people who asked to hear from you, within the limits Swirlwise sets, and never to bought or copied lists. Each email shows who it is from and how to stop.
• Don't ask for health, religion, sexuality or similar details on your forms unless you truly need them and may lawfully collect them.
• No sexual content or nudity, hate, harassment, violence, scams, pyramid or get-rich schemes, malware, phishing, or forms that collect card numbers or passwords.
• Uploads: pictures (JPEG, PNG, WebP) and PDFs only. Show videos by linking them from YouTube or Vimeo.
• Don't try to break, overload, copy or probe Swirlwise, or reach anyone else's data.

How we check: we scan uploaded pictures for known child sexual abuse material (with Cloudflare), check new pictures and page text automatically for content these rules ban, and may hold a picture or page back until we have looked at it. Your first publish may wait for a short look by us. Anyone can report a site with the "Report this site" link in its footer. We look at reports of illegal content within 24 hours and at other reports within 2 working days. We report child sexual abuse material to the authorities.

If we see or are told about content that breaks these rules, we may take it down or pause your site. We tell you why, and you can ask us to look again. For serious harm (illegal content, scams, danger to people) we act first and tell you straight after.

8. Your name on splendidcoach.com

• Choose your own name, your business name, or a fair description of what you do.
• We may refuse a name that is someone else's name or brand, suggests you are someone you are not, suggests you are us or an official body (for example words like "official", "gov" or "nhs"), claims a title you don't hold (for example "doctor"), is offensive, or is on our reserved list.
• We may take a name back if it breaks these rules, if the owner of a name or trade mark complains with good reason, or 90 days after your account has ended. Except for impersonation or fraud, we email you first and give you 14 days to pick another name; links to the old name then forward for 30 days where we can.
• Using a name gives you the right to use it on Swirlwise; it does not make the name yours to sell or transfer.

9. Your clients' and learners' details

You decide why and how your clients', leads' and learners' details are used: you are their controller. We are your processor and handle their details only to run your site, courses, booking and emails, on your instructions. Schedule 1 below sets out what we do and don't do (Article 28 of the UK GDPR, and of the EU GDPR where it applies to your business).

You give your clients and learners a privacy notice. Link your own in your site settings, or use the short one Swirlwise makes for you from your Go live details.

Your own sales: if your clients pay you through your Swirlwise pages, you sell to them, under your own terms, through your own Stripe account. Your refunds, your consumer law duties and your taxes are yours. We are not a party to those sales and take no cut.

How we handle your own details as our customer (name, email, billing) is in our privacy notice, part "Coaches who use Swirlwise" (https://swirlwise.com/privacy#coaches).

10. Ending the agreement

You can end it at any time by cancelling in Settings (section 4), or by asking us to close your account.

We can end it or pause your site: at once for a serious breach of section 7 or for unpaid fees after the grace period; for other breaches if you haven't put them right within 14 days of our email; or for no reason with 30 days' notice, and then we refund any unused fees.

When the agreement ends, section 5 applies. Sections 6 (licence for backups only), 9, 11, 13 and Schedule 1 (deletion and return) keep applying as long as needed.

11. Responsibility and limits

We provide Swirlwise with reasonable care and skill. Apart from that, it comes as it is: we don't promise it suits every purpose of yours.

Our total responsibility to you in any 12 months, for everything under these terms, is limited to the greater of £100 and what you paid us in the 12 months before the claim. For a breach of Schedule 1 (your clients' details), the limit is the greater of £5,000 and what you paid us in those 12 months.

We are not responsible for loss of profit, revenue, business or goodwill, or for indirect losses. We are not responsible for content you publish, for your dealings with your clients, or for problems caused by your internet provider, your devices or services outside our control.

You are responsible for claims against us caused by your content or by using Swirlwise against these terms or the law, and you cover our reasonable costs of such a claim.

Nothing in these terms limits responsibility for death or injury caused by negligence, for fraud, or for anything else the law does not allow to be limited.

12. Changes to these terms

We may change these terms, for example for a new feature or a change in law. For changes that matter, we email you at least 30 days before they apply and show the new version in the app. If you don't agree, you can cancel before they apply. If a change is needed sooner for legal or security reasons, we tell you as soon as we can. We never reduce the protection of your clients' details in Schedule 1 without your agreement.

13. Law and the rest

These terms are governed by the law of Scotland, and the courts of Scotland decide any dispute. Before going to court, please write to us; most things can be sorted out by talking.

We may transfer this agreement to a company that takes over Swirlwise, and will tell you. You may transfer it only with our written yes.

Neither of us is responsible for delays caused by events outside reasonable control (for example a major outage at a supplier, a natural disaster or a war).

If a court finds part of these terms invalid, the rest still applies. Nobody else has rights under these terms. These terms, Schedule 1 and the plan you chose are the whole agreement between us about Swirlwise.

We send notices to your account email. You send them to hello@swirlwise.com.

Schedule 1: How we handle your clients' details for you (Article 28 of the UK GDPR, and of the EU GDPR where it applies to you)

S1. What, why and how long

We handle your clients', leads' and learners' details to host and run your site, courses, booking, sign-up pages and emails: storing, showing, sending and deleting them as Swirlwise does, for as long as your account is open and then for the 90 days of section 5.

Whose details: people who book with you, fill in your forms, sign up on your pages, join your courses, or receive your emails.

Which details: name and email address; what people write in your forms and booking notes; bookings (time, time zone, notice version); course progress, answers, assignments and the display name of your learners; email records (sent, delivered, stopped); records of each "yes" to your emails.

S2. Only on your instructions

We act only on your instructions: these terms, your settings and choices in Swirlwise, and what you ask us in writing. That includes sending details outside the UK, which happens only as set out in S5. We tell you if we think an instruction breaks data protection law. We use none of your clients' details for our own purposes, except counts without names to run and bill the service, to stop abuse, and where the law requires it (and then we tell you, unless the law forbids it).

Learner accounts: learners sign in with their own Swirlwise account. The account itself (sign-in, name, devices) is ours, under our privacy notice; what they do in your course is yours under this Schedule.

S3. Confidentiality

Only staff who need to (to help you when you ask, to keep Swirlwise secure, or when the law requires) can see your clients' details, and each of them is bound to keep them confidential.

S4. Security

We keep the details secure with measures fit for the risk (UK GDPR Article 32): encryption in transit and at rest, access only by role, separate data for each coach, logs without client details, backups, and tests that check one coach can never see another coach's data.

If a breach affects your clients' details, we tell you without undue delay (we aim for 48 hours from when we know), with what we know and what we are doing, so you can meet your own duties.

S5. Our sub-processors

You allow us to use these companies, each bound to the same data protection duties as us. We stay responsible to you for them.

• Cloudflare: hosting and storage (data stored in the EU; its network is worldwide; United States parent, UK and EU transfer safeguards).
• Postmark, run by ActiveCampaign: sends emails (United States, certified under the UK extension of the Data Privacy Framework).
• Stripe: payments on the checkout pages Swirlwise shows your clients (United States and Ireland, UK and EU transfer safeguards). Where your clients pay you, Stripe also works under your own agreement with Stripe.

The current list is always in the app. We give you 30 days' notice by email and in the app before we add or replace one. If you object for a fair data protection reason and we can't meet it, you may end your subscription before the change, and we refund any unused fees.

S6. Helping you

We help you answer your clients' and learners' requests (to see, correct or delete their details): you can see and delete details in Swirlwise yourself, and if someone writes to us about your site, we pass it to you within 5 working days. We also help with security, breach notices and impact assessments, as far as our part goes.

S7. Deletion or return at the end

When your account ends, we delete your clients', leads' and learners' details as set out in section 5 (90 days, backups 30 days more), unless the law requires us to keep something. If you ask us within those 90 days, we first send one copy of your clients' and learners' names, email addresses and bookings to your account email.

S8. Bookings and your clients (clause C1)

When your clients book through Swirlwise, you are the controller of their details and Heartful Services Ltd ("we") is your processor. We process name, email, note, session time, time zone and notice version of the people who book with you, only to run your bookings (show free times, store the booking, send the confirmation, reminder and cancel emails, and show them to you), for as long as you use booking, on your instructions as set in the Booking pane and these terms. We keep each booking 90 days after the session or a cancel, and delete all booking data when you close your site or ask us to. Our staff who can see bookings are bound to confidentiality. We keep the data secure (encryption in transit, access only by role, logs without client details) and tell you without undue delay of a breach that affects it. You authorise our sub-processors Cloudflare (hosting) and Postmark (email, United States, with UK and EU transfer safeguards); we list them in the app, give you 30 days' notice of a new one so you can object or stop, and bind each to the same duties. We help you answer your clients' requests (you can see and delete bookings yourself) and with security, breach notices and impact assessments, and we give you the information you need to show compliance, including a reasonable audit once a year. We tell you if we think an instruction breaks data protection law. You give your clients a privacy notice (link it in the Booking pane), use booking only for sessions with adults (18 and over), and ask clients not to send health details in the note.

S9. Showing that we comply

We give you the information you need to show that we meet these duties: the sub-processor list, a short summary of our security, and answers to reasonable questions. If that is not enough, you (or an auditor you choose who keeps it confidential) may audit us once a year, at your cost, with 30 days' notice, in a way that does not expose other coaches' data.

S10. Your part

You make sure you may lawfully collect your clients' and learners' details and send them emails, you give them your privacy notice, and you answer their requests. Your instructions to us must follow data protection law.