Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Nimesh Patel, doing business as ScaleYourCareer ("Coach," "we," "us," or "our"). By accessing the website at scaleyourcareer.com (the "Site") or engaging our coaching services (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree, do not use the Services.

2. Eligibility

You must be at least 18 years of age and capable of forming a binding contract to use our Services. By using the Services, you represent and warrant that you meet these requirements.

3. Description of Services

ScaleYourCareer provides career coaching, interview preparation, mock interviews, and professional development guidance for software engineers, engineering managers, and technology leaders. Services are delivered through one-on-one sessions conducted via video conferencing. The Site also provides educational articles and resources at no cost.

4. Nature of Coaching — Important Disclaimers

Please read this section carefully, as it defines the scope and limitations of our Services:

• No guarantee of outcomes. Coaching is guidance based on professional experience. We do not and cannot guarantee any specific result, including but not limited to job offers, promotions, salary increases, interview outcomes, or career advancement. Results depend on numerous factors including your individual effort, skills, experience, market conditions, employer decisions, and other circumstances beyond our control.
• Not professional advice. Our Services do not constitute legal, financial, tax, psychological, medical, or employment advice. We are not a licensed professional in any of these fields, and nothing in our Services should be interpreted as such advice. For matters requiring professional expertise, consult a qualified professional in the relevant field.
• Not an employment service. ScaleYourCareer is not a licensed employment agency, staffing firm, recruiter, or placement service. We do not procure, offer, or guarantee employment opportunities.
• Independent coaching relationship. The coaching relationship is between you and ScaleYourCareer only. We are not affiliated with, endorsed by, or representing any employer, including any company referenced in our content or credentials.
• Educational content. Articles, guides, and other content on the Site are provided for informational and educational purposes only. They reflect the opinions and experience of the author and should not be treated as authoritative advice for your specific situation.

5. Booking, Scheduling, and Sessions

• Scheduling: Sessions are booked through Calendly. By booking a session, you agree to Calendly's terms of service and privacy policy.
• Cancellation: You may cancel or reschedule a session at least 24 hours before the scheduled time at no charge. Cancellations made less than 24 hours in advance, or failure to attend a scheduled session ("no-show"), may result in forfeiture of the session.
• Coach cancellation: If we need to cancel or reschedule a session, we will provide reasonable advance notice and offer an alternative time.

6. Fees and Payment

Service fees are communicated before booking. Payment terms and methods are established at the time of engagement. All fees are non-refundable once a session has been delivered, unless otherwise agreed in writing. Pricing is subject to change; however, changes will not affect sessions already booked and paid for.

7. Confidentiality

• Our obligation: We treat all information shared during coaching sessions as confidential. We will not disclose your identity, career situation, employer details, compensation information, or session content to any third party without your prior written consent, except as required by law.
• Your obligation: You agree not to disclose proprietary coaching methodologies, materials, or frameworks shared during sessions to third parties.
• Exceptions: Confidentiality obligations do not apply to information that is publicly available, independently developed, or disclosed pursuant to a legal obligation.

8. Intellectual Property

• Our content: All content on the Site, including articles, text, graphics, logos, coaching materials, and frameworks, is the intellectual property of Nimesh Patel / ScaleYourCareer and is protected by applicable copyright and intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without prior written permission.
• Personal use: You may access and use Site content for your personal, non-commercial career development purposes.
• Your materials: You retain ownership of any materials (such as resumes or work samples) you share with us during coaching sessions.

9. User Conduct

By using our Services, you agree to:

• Provide accurate and truthful information when booking sessions and during coaching engagements.
• Conduct all interactions with professionalism and respect.
• Not record, transcribe, or capture coaching sessions in any medium without prior written consent.
• Not misrepresent the coaching relationship as an endorsement, reference, or employment relationship.
• Not use the Site or Services for any unlawful purpose or in violation of these Terms.

10. Testimonials and Feedback

If you provide a testimonial or review, we may use it on the Site or in marketing materials with your first name and general role description only (e.g., "Senior Engineer"), unless you provide explicit consent for more identifying information. You may request removal of your testimonial at any time.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

• ScaleYourCareer and Nimesh Patel shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of income, loss of employment opportunities, loss of data, or loss of profits, arising from or related to your use of the Services or Site.
• Our total aggregate liability for any claim arising out of or related to these Terms or the Services shall not exceed the total amount you paid to us for Services in the twelve (12) months preceding the event giving rise to the claim.
• These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

12. Disclaimer of Warranties

The Site and Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of harmful components.

13. Indemnification

You agree to indemnify, defend, and hold harmless ScaleYourCareer and Nimesh Patel from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

14. Termination

Either party may terminate the coaching relationship at any time. We reserve the right to refuse or discontinue Services to any individual at our discretion. Upon termination, any pre-paid but undelivered sessions will be refunded on a pro rata basis, unless termination is due to your violation of these Terms.

15. Third-Party Links and Services

The Site may contain links to third-party websites or services (such as Calendly). These links are provided for convenience only. We are not responsible for the content, privacy practices, or terms of service of third-party sites. Your use of third-party services is governed by their respective terms and policies.

16. Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

17. Dispute Resolution

Any dispute arising from or related to these Terms or the Services shall first be attempted to be resolved through good faith negotiation between the parties. If the dispute cannot be resolved through negotiation within 30 days, either party may pursue resolution through binding arbitration administered by JAMS under its Streamlined Arbitration Rules, conducted in English in the State of California. The arbitrator's decision shall be final and binding. Each party shall bear its own costs of arbitration unless the arbitrator determines otherwise.

18. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in California.

19. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permitted, and the remaining provisions shall remain in full force and effect.

20. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and ScaleYourCareer regarding the use of the Services and supersede all prior agreements, understandings, and communications, whether written or oral.

21. Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be reflected by updating the "Effective Date" at the top of this page. Continued use of the Services after changes are posted constitutes acceptance of the revised Terms. If you do not agree with the changes, you must discontinue use of the Services.

22. Contact

For questions about these Terms of Service, contact us at: