By activating your coach account or signing in, you agree to these Coach Terms of Use.
1. Who This Agreement Is With
The Day & Knight platform (the "Platform") is proprietary software owned and operated by Peter Augros / Elements of Chess ("the Platform Owner"). You have been invited by a licensed operator (for example, Day & Knight Chess League) (your "Operator"). These Terms govern only your use of the Platform software. They are separate from any employment, contractor, or volunteer agreement between you and your Operator. Your pay, schedule, and duties are set by your Operator, not the Platform Owner. The Platform Owner is not your employer.
2. Eligibility and Conduct With Minors
- You confirm you are at least 18 years old.
- You confirm you are legally permitted to work with children and have satisfied any background check, certification, or licensing requirements your Operator or applicable law requires. The Platform Owner does not perform background checks.
- You will interact with students professionally and appropriately at all times, on and off the Platform.
- You will use communication and video features, including lesson rooms, only for legitimate instructional purposes.
- You will promptly report to your Operator any safety concern, misconduct, or student disclosure that warrants attention.
3. Account Security
- Your account is personal to you. Do not share your login, password, or activation link.
- You are responsible for activity that occurs under your account.
- Notify your Operator or the Platform Owner immediately if you suspect unauthorized access.
4. Intellectual Property and Confidentiality
- The Platform, including all software, source code, layouts, interface design, curriculum structure, training modes, lesson templates, and documentation, is the proprietary property of the Platform Owner. Your access transfers no ownership to you.
- You will not copy, reproduce, scrape, bulk download, republish, or redistribute any part of the Platform or its non-public content, except for ordinary use of the tools as intended during your coaching.
- You will not reverse engineer, decompile, or attempt to derive the source code or underlying structure of any non-public part of the Platform.
- You will not use the Platform, or anything you learn about how it works, to build, assist, or operate a competing product or service.
- Ownership of content you create. Lesson plans, lesson templates, decks, curriculum sequences, positions, annotations, and other instructional content you create using the Platform ("Coach Content") are owned by the Platform Owner. You hereby irrevocably assign to the Platform Owner all right, title, and interest, including all copyright, in and to Coach Content, effective on creation. To the extent any such rights cannot be assigned, you grant the Platform Owner an exclusive, perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, display, and distribute that Coach Content for any purpose, and you waive any moral rights to the extent permitted by law. The Platform Owner grants you a non-exclusive license to use Coach Content while your account is active for coaching your students. This does not apply to material you owned before using the Platform and did not create through it.
- Student data, other coaches' information, operator business information, and non-public features you see through your access are confidential. You will not disclose them outside your legitimate coaching duties, during or after your time on the Platform.
5. Student Data and Privacy
- You will access student data only as needed to coach your assigned students.
- You will not export, retain, or use student data for any purpose outside the Platform and your coaching duties.
- Many students are minors and may be subject to COPPA and similar laws. Handle all student information accordingly and follow your Operator's instructions on data handling and parental communication.
- You will not contact students or families outside the Platform except as your Operator directs.
6. Acceptable Use
You will not: use the Platform unlawfully or in violation of these Terms; harass, abuse, or discriminate against any student, coach, operator, or staff member; upload malware, attempt to breach security, probe, or disrupt the Platform; misrepresent game results, ratings, student progress, or your own credentials; or circumvent any feature, rate limit, or access control.
7. Payments
- Where the Platform facilitates payouts to coaches, payments are processed through Stripe, including Stripe Connect. You must complete Stripe onboarding and accept Stripe's Connected Account Agreement to receive payouts.
- Rates and revenue-split percentages are set by your Operator's arrangement with you. The Platform Owner facilitates the flow of funds and applicable platform fees but is not a party to, and is not responsible for, the underlying pay arrangement between you and your Operator.
- You are responsible for your own taxes. The Platform Owner is not your employer and does not withhold taxes.
- Payment timing, holds, reversals, refunds, and chargebacks are subject to Stripe's terms and the Platform's payout schedule.
8. Suspension and Termination
Your access to the Platform is a conditional privilege, not a right. The Platform Owner or your Operator may suspend or terminate your Platform access at any time, including for violation of these Terms, safety concerns, or at your Operator's request. Termination of Platform access does not by itself end any separate agreement between you and your Operator. Sections 4, 5, 7 (for amounts already accrued), 9, and 10 survive termination.
9. Disclaimers and Limitation of Liability
The Platform is provided "as is" and "as available," without warranties of any kind. The Platform Owner does not guarantee uninterrupted or error-free operation, rating accuracy, or particular instructional outcomes. To the fullest extent permitted by law, the Platform Owner is not liable for indirect, incidental, or consequential damages, or for the real-world conduct of any coach, student, operator, or third party. The Platform Owner's total aggregate liability to you relating to the Platform is limited to the greater of (a) amounts the Platform Owner actually paid you through the Platform in the 12 months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
10. General
- Changes. These Terms may be updated. Material changes require re-acceptance on your next sign-in. Continued use after re-acceptance means you agree.
- Governing law. These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules.
- Arbitration. Any dispute arising out of or relating to these Terms or your use of the Platform will be resolved by binding arbitration administered by JAMS under its applicable rules, before a single arbitrator, seated in California, in English. Each party waives any right to a jury trial and to participate in a class or representative action as to such disputes. Either party may still seek injunctive or equitable relief in court to protect intellectual property or confidential information.
- Entire agreement. These Terms are the entire agreement between you and the Platform Owner regarding your use of the Platform software and do not supersede your separate agreement with your Operator.
- Contact. Questions about these Terms: peteraugros@gmail.com.
