These platform conditions (“Conditions”) apply to all services (“Services”) provided by us, the CoachHub GmbH (“CoachHub”), via the website https://coachhub.io as well as all associated mobile and browser applications (all together “Platform”).
a. By registering to use our Platform by ticking the appropriate box on the Website or Application or by any other use of the Platform, you agree to be legally bound by these Terms.
b. These conditions apply to all user groups, in particular but not limited to verified business coaches (“coaches”), qualified cooperation in a coaching program (“coachees”), as well as company representatives (“clients”), all jointly or individually referred to as “users”.
c. CoachHub reserves the right to change or amend the rules contained in these Platform Terms and Conditions. If we make updates to these terms and conditions, we will notify all users of such updates within a reasonable period of time. Users may object to the application of the new conditions within this period. If there is no objection, this constitutes consent to the updated version.
d. We will only accept conflicting or deviating terms and conditions of our users if we expressly agree to their validity in writing in advance.
2. User account, data protection and services
a. In order to use our services you have to create a user account. You agree to provide all information completely and truthfully, and to keep your account current at all times. In addition, you agree to keep your password and account access protected and not accessible to third parties and accept all associated security risks due to unauthorized access by third parties.
b. Our data protection declaration, available at https://coachhub.io/en/data-privacy, which ensures the confidential use and protection of your data and whose validity all users accept when using the platform, applies.
c. By opening your user account, you gain access to our services and can use our platform, including the content provided therein. This right of access and use is subject to full compliance with these conditions. We reserve the right to update and supplement the platform and content at our own discretion.
d. We and our coaches do not provide medical or psychotherapeutic advice. For a given indication, coaches are instructed to refer to the appropriate experts.
e. CoachHub does not owe a certain success, but merely provides the contact to coaches, who determine the contents of your coaching sessions individually under consideration of applicable coaching guidelines.
f. CoachHub is not obliged to provide uninterrupted access to the platform. Temporary interruptions of operations due to the usual maintenance work, system immanent disturbances of the Internet with external providers or with external network operators as well as in case of force majeure are possible. Users therefore have no claim to uninterrupted access to the Service at any time.
g. Limited availability for system maintenance shall be during the necessary maintenance periods and interruptions for offline backups shall be within reasonable limits.
h. CoachHub reminds the users that restrictions or impairments of the provided services can occur, which are outside the sphere of influence of CoachHub. This includes in particular actions of third parties that do not act on behalf of CoachHub, technical conditions of the internet that cannot be influenced by CoachHub as well as force majeure. The hardware, software and technical infrastructure used by the users can also influence the services of CoachHub. As far as such circumstances have influence on the availability or functionality of the platform, this has no effect on the contractual conformity of the provided services and is to be assigned to the sole risk sphere of the user. The user is not released from his payment obligation by such circumstances.
3. Sessions, Dates and Access
a. Coachees are entitled to the specified number of coaching sessions (“contingent”) on a monthly basis, unless otherwise expressly agreed in writing. The dates are to be mutually agreed between the coach and the coachee using the calendar or chat function. Sessions not realized in one month can be made up in the following month. Appointments can be cancelled or postponed free of charge up to 24 hours before the start of the session. Short-term cancellations by the coachee or sessions for which the coachee does not log in within the first 10 minutes are considered “Coachee No Shows” and will be fully deducted from the contingent. Short-term cancellations by the coach or sessions to which the coach does not log in within the first 10 minutes are considered “Coach No Shows” and will be credited to the contingent.
b. Appointments can also be cancelled or postponed free of charge if the execution of an appointment is not possible due to a breakdown or limited availability of the platform.
c. The platform is accessible for coachees for the period of the agreed program duration. In addition, there is a subsequent 1-month tolerance period during which the access is valid. By this time at the latest, all coaching hours from a coachee’s contingent must have been completed.
d. Clients must name their employees who are entitled to participate in the coaching program timely, at the latest within 3 months of signing the contract, unless otherwise agreed in writing beforehand.
e. In the event of overdue remuneration, we reserve the right to pause performance in full until the outstanding liabilities have been settled. This does not release the customer from his obligation to pay.
4. Platform usage and restrictions
a. As a user, you assume full responsibility for the use of our services, in particular the use of the following functions:
- Video and chat function
- Appointment booking and calendar function
- Activities and learning content
- Ratings and Feedback
- Accounting function
- User Profile, Assessments and Progress
- Interactions with other users and transmission of own content
b. The following restrictions apply to the use of our services:
- Coaches are available for your coachees via chat. The use of the chat is reduced to a normal level and cannot be guaranteed. The usual time is 10 minutes per coachee per month, excluding transferability.
c. The following uses are expressly prohibited:
- Passing on your access or content to third parties against payment or free of charge
- Any publication (including social media) of content without prior express written permission by CoachHub
- Any use for purposes other than those specified in the contract
- Any violation of property rights or copyrights of CoachHub or third parties
- Any use for users who are not of legal age
- Any unlawful, defamatory, fraudulent or unethical conduct or statement
5. Reservation of rights
CoachHub reserves all intellectual property and other rights to the platform, software, all content, the CoachHub website, trademarks, and the CoachHub logo including for any adjustments and customizations. Any use outside of these conditions requires the explicit prior consent of CoachHub. Our coaches need no further permission if they present themselves in social networks, professional networks and your internet presence as CoachHub Coaches.
6. User feedback and references
a. CoachHub regularly asks its users for feedback. This feedback is always voluntary and usually confidential. CoachHub reserves the right to use completely anonymous feedback to improve our services and for reporting purposes and to make it available to users with a legitimate interest while maintaining data protection.
b. Our customers agree to be cited by CoachHub as a reference and authorize the use of the corresponding logo. The right of use can be revoked at any time by sending a simple declaration to firstname.lastname@example.org.
a. In principle, the statutory regulations on warranty shall apply, unless these contractual conditions contain deviating agreements.
b. The use of our services and the platform is at your own risk and we do not assume any guarantee of quality, warranties or guarantees. In particular, we accept no liability for the completeness, accuracy, availability, accessibility, safety or reliability of the services provided.
c. The §§ 536b (knowledge of the tenant of the lack with conclusion of a contract or acceptance), 536c (defects occurring during the renting period; notice of defects by the tenant) of the civil code (BGB) apply.
d. The application of § 536 BGB (German Civil Code) (rent reduction with material and legal defects) is impossible, as far as the lack is not to be led back on a fault of the offerer. The application of § 536a Abs. 2 BGB (self removal right of the tenant) is excluded. Also excluded is the application of § 536a para. 1 BGB (liability of the lessor for damages), insofar as the standard provides for strict liability.
a. CoachHub is liable without contractual limitation only for damages of the user:
- which are based on an intentional or grossly negligent breach of duty by CoachHub or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent on CoachHub,
- from the injury of life, body or health, which are based on a negligent breach of duty of CoachHub or an intentional or negligent breach of duty of a legal representative or vicarious agent of CoachHub, as well as
- within the scope of liability according to the regulations of the product liability law, guarantees granted to the user or due to fraudulent deception on the part of CoachHub.
b. For damages, which are based on a slightly negligent violation of an essential duty, the liability of CoachHub GmbH is limited to the amount of the damage, which is predictable and typical according to the nature of the business in question. Essential are obligations whose violation endangers the achievement of the purpose of the contract or whose fulfillment enables the proper execution of the contract in the first place and on whose compliance you regularly rely.
c. A further liability of CoachHub is excluded.
d. Insofar as the liability of CoachHub is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents as well as the coaches.
e. The above exclusions and limitations do not change the legal burden of proof.
f. We are not liable for contents and links to websites and contents of third parties.
9. Release from liability
The users indemnify CoachHub from all claims of third parties, which are due to the fact that the respective user has not adhered to these conditions. This also includes the costs for legal defence against asserted claims.
a. These conditions and the entire legal relationship between users and CoachHub are subject to the laws of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Place of performance and exclusive jurisdiction and for all disputes arising from this contract is our place of business.
b. Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective pursued by the parties to the contract with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.