Terms and Conditions for David Sammel

Last Updated: November 23, 2025

Agreement to Terms

Welcome to David Sammel! These Terms and Conditions ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and David Sammel (“we,” “us,” or “our”), concerning your access to and use of the davidsammel.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site” and our “Services”). Our Services include all online courses, subscription packages, and community platforms.

You agree that by accessing the Site and our Services, you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Your use of our Services is also governed by our Privacy Policy and Cookie Policy, which are incorporated herein by reference.

1. Intellectual Property Rights

Unless otherwise indicated, the Site and all course materials—including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”)—are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and Content for your own personal, non-commercial use. You agree not to reproduce, duplicate, copy, sell, resell, distribute, or exploit any portion of the Service, use of the Service, or access to the Service without express written permission by us. You are expressly prohibited from creating derivative works from our Content.

If you submit comments or posts within our public community platform ("Community Content"), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and share such content in connection with the Services.

However, data inputs you submit to the 24/7 Pocket Coach AI ("AI Inputs") are treated as confidential. You grant us a license to access, view, and review these AI Inputs solely for the purposes of (a) generating the AI response, (b) quality assurance and 'human-in-the-loop' review to improve the AI's accuracy, and (c) technical troubleshooting. We will not share or publish your AI Inputs publicly without your explicit written consent.

2. Purchases, Payments, Refunds, and Access

a) Purchases and Payments: We offer both one-time purchase products and recurring subscription services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. All payments shall be made through Stripe. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your payment fails, your access to the relevant Services may be suspended or terminated.

b) Refund Policy:

One-Time Purchases: All one-time purchases of individual digital courses are non-refundable. Due to the immediate access to digital content and intellectual property, we do not offer refunds for these products.
Subscription Services: For recurring subscription services ("All Access," "Platinum"), you may request a full refund within seven (7) days of your initial purchase date. To be eligible for a refund, you must not have completed more than 25% of any single course included in your subscription package. All refund requests must be submitted in writing to support@davidsammel.com. Refunds are not available for subscription renewal payments.

c) Cancellation: You may cancel your subscription at any time through your account settings or by contacting us at support@davidsammel.com. Your cancellation will take effect at the end of the current paid term.

d) Access to Materials:

One-Time Purchases: Your access to a one-time course purchase is valid for as long as the course is offered and available on our platform ("Lifetime Access"). In the event we decide to retire or remove a course, we will provide you with at least thirty (30) days' prior notice via email.
Subscription Services: Your access to course materials and community spaces included in a subscription is contingent upon your subscription remaining active and in good standing. If your subscription is canceled or terminates, your access will be revoked at the end of your billing period.

e) Termination: We reserve the right to suspend or terminate your account and access to the Services, without refund, if you violate any of these Terms.

3. Disclaimers and Limitation of Liability

a) Educational Purposes Only Disclaimer: The Content and Services provided by David Sammel are for educational and informational purposes only, primarily in the field of sports performance. The information provided does not constitute professional advice and is not a substitute for consultation with a qualified professional. We make no guarantees of any kind regarding your athletic performance, success, or any financial rewards that may result from the application of the information provided. Your results are dependent on your own effort, circumstances, and a variety of other factors beyond our control.

b) "As Is" Service: Our Services are provided on an "as-is" and "as-available" basis. You agree that your use of our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof.

c) Limitation of Liability: In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the site or our services.

d) Third-Party Dependencies & Uptime: You acknowledge that the "24/7 Pocket Coach" relies on third-party services (including Bubble.io, OpenAI, and ElevenLabs) to function. While we strive for 24/7 availability, we cannot guarantee uninterrupted service if these third-party providers experience outages, maintenance, or downtime. We are not liable for refunds or damages resulting from such third-party service interruptions.

4. User Conduct and Responsibilities

You agree not to use the Site or Services for any unlawful purpose. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your account.

In addition, regarding the AI Services, you agree not to:

Attempt to "jailbreak," reverse engineer, or manipulate the AI to reveal its system instructions or backend prompts ("Prompt Injection").
Use the AI to generate content that is violent, sexually explicit, hateful, or promotes illegal acts.
Use the AI to provide medical diagnoses or strictly regulated professional advice (e.g., legal or financial planning).
Automate queries to the AI (e.g., using a bot or script) that forces our system to incur excessive API costs.

5. Miscellaneous Legal Provisions

a) Governing Law: These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

b) Dispute Resolution: Any legal action or proceeding arising under these Terms will be resolved exclusively by binding arbitration. The arbitration shall be conducted in Sarasota County, Florida, in accordance with the rules of the American Arbitration Association. You agree to waive your right to a jury trial and to participate in a class action lawsuit.

c) Modifications to Terms: We reserve the right to change, modify, or revise these Terms at any time in our sole discretion. Any changes will be effective immediately upon posting the revised version on our Site. Your continued use of the Services after the date such revised Terms are posted will constitute your acceptance of the changes.

6. ARTIFICIAL INTELLIGENCE SERVICES

a) Nature of the Service: You acknowledge that the "24/7 Pocket Coach" utilizes artificial intelligence ("AI") provided by third-party providers (OpenAI and ElevenLabs) to generate text and audio responses. The "David Sammel AI" is a synthetic persona trained on David Sammel's content. It is not a human. While it strives to reflect David’s coaching philosophy, it may generate responses that do not accurately reflect his views. The AI may occasionally "hallucinate" facts or reference events that did not occur. The AI does not have a long-term memory of your life outside of the context of the current chat thread unless specifically stated.

b) No Professional or Medical Advice: The Service is for educational and coaching support purposes only. It does not constitute medical, mental health, or professional legal advice.

Sports Psychology: While the AI discusses mindset and psychology, it is not a substitute for a licensed therapist or psychologist. If you are in crisis, please contact a professional emergency service.
Physical Training: You are responsible for your own physical safety. The AI may suggest exercises, but you assume all risk of injury associated with following such advice.

c) Accuracy and Hallucinations: Artificial Intelligence systems can occasionally produce incorrect, misleading, or "hallucinated" information. You agree that you will independently verify any critical information or advice generated by the Service before relying on it. We make no warranties regarding the accuracy or reliability of the AI-generated output.

d) Output Ownership: Subject to your compliance with these Terms, you own the rights to the "Input" (questions) you provide, and you are granted a license to use the "Output" (answers) generated for your personal, non-commercial use.

Contact Us

To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: support@davidsammel.com