Platform Conditions

These platform conditions (“Conditions”) apply to all services (“Services”) provided by us, CoachHub GmbH (Company No. Berlin – HRB 199 098 B / VAT-ID: DE 320 089 688)  (“CoachHub”), via the website https://app.coachhub.io as well as all associated mobile and browser applications (all together “Platform”).

1. Services

A. CoachHub offers digital coaching services via its own digital coaching platform: appointments, digital coaching content such as exercises, texts and other media as well as the coaching service itself. This offer is not intended for users under the age of 18 years.  

B. We and our coaches do not provide medical or psychotherapeutic advice. For a given potential indication, coaches refer to the appropriate experts.

 

2. Applicability

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.

 

3. User account and data protection 

A. In order to use our services you have to create a user account. 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. CoachHub warrants to customers that CoachHub will maintain the availability of service as provided at this [link] (excluding maintenance outages, outages beyond CoachHub’s reasonable control, and outages that result from any customer technology issues).

C. 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.

D. Limited availability for system maintenance shall be during the necessary maintenance periods and interruptions for offline backups shall be within reasonable limits.

E. 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.

F. The warranty provided in section 9A applies in addition to this service level. 

4. Sessions, Dates and Access

A. Coaching dates are mutually agreed between the coach and the coachee using the calendar function. Appointments can be cancelled or postponed free of charge up to 24 hours before the start of the session. Other cancellations by the coachee and if the coachee does not log in within the first 10 minutes, a session will be fully charged. Sessions affected by an unavailability of the platform will be credited by CoachHub.

  1. 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 any obligation to pay.
5. 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. 

 

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 unlawful, defamatory, fraudulent or unethical conduct or statement

 

D. CoachHub reserves the right to pause or completely revoke access to the platform at any time and to take appropriate legal action in case of violation of the terms of use by refunding fees already paid.

6. 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.

7. User feedback, references, and statistics

A. CoachHub regularly asks its users for feedback. This feedback is always voluntary and usually confidential. CoachHub reserves the right to use completely anonymized and/or anonymous feedback to improve our services, for reporting and researching 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 mail@coachhub.io.

C. CoachHub may compile statistical information related to the performance of the service and may make such information publicly available, provided that such information does not identify customer Information, and there is no means to re-identify customer Information. CoachHub retains all intellectual property rights in such information

8. Confidentiality

A. The contracting parties shall maintain secrecy with regard to all information that is to be treated confidentially and has come to their knowledge within the framework of this contractual relationship, and will not use this either indirectly or directly for their own purposes or third-party purposes. This also applies to business or company secrets of other companies that become known to CoachHub within the framework of the work carried out for the customer. CoachHub shall also impose this obligation on all persons who are engaged in the fulfilment of its obligations. Information to be treated as confidential includes any information that is explicitly marked by the disclosing party as confidential information and such information which is unequivocally confidential from the circumstances in which it is transferred (e.g. business and trade secrets). In particular, customer data and other internal data of the customer are to be treated by CoachHub as confidential.

B. The obligations in accordance with this clause (8. Confidentiality) do not apply to such information or parts thereof, for which the receiving party proves that 

  • it was known to or generally accessible to it before the date of receipt; 
  • it was known to or generally accessible to the general public after the date of receipt; 
  • it became known to or generally accessible to the public after the date of receipt without the disclosing party being responsible for this;
  • it must be disclosed by virtue of a legal, judicial or official decision or requirement;
  • it has developed the information itself.

C. The obligations in accordance with this clause (8. Confidentiality) will continue to exist also after the end of the contract for a specific period, namely for as long as no exception in accordance with clause 8. B  applies.

D. At the customer’s request, CoachHub is obliged to provide appropriate proof that obligations arising from this clause (8. Confidentiality) have also been imposed on third parties, which are engaged in the fulfilment of its obligations

E. Public declarations by the parties regarding a collaboration will only be submitted by prior mutual agreement.

9. Warranties

A. In principle, the statutory regulations on warranty shall apply, unless these contractual conditions contain deviating agreements. 

B. CoachHub owes providing a coaching service, not a certain success. 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.

10. Disclaimer

A. CoachHub is liable without contractual limitation only for damages:

  • which are based on an intentional or grossly negligent breach of duty by CoachHub,
  • from the injury of life, body or health, which are based on a negligent breach of duty 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 as well as consulting, protection and care obligations which are intended to enable the client to use the services in accordance with the contract or to protect the life or limb of the user or to protect the user’s property from substantial damage.

C. A further liability of CoachHub is excluded.

D. The liability regime in this disclaimer clause including the exclusions and limitations also apply to the personal liability of organs, employees, representatives and vicarious agents of CoachHub including coaches.

11. 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.

12. Termination

The contract may not be terminated without cause. A statutory right for termination with cause remains unaffected.

13. Miscellaneous

A. For customers located within the European Economic Area, 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). 

B. Place of performance and exclusive jurisdiction for all disputes arising from this contract is our company headquarters. For customers located outside the European Economic Area, exclusive jurisdiction for all disputes arising from this contract is the customer’s company headquarters.

C. 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.

D. All attachments, annexes, exhibits, and addendums attached are incorporated into this agreement unless specified otherwise.

Annexes: