Terms of Service

Updated at 2021-01-19


Terms and Conditions

Version 1.1, 2021-01-19

Introduction and definitions

Thanks for choosing the Coaching Wheels! These are our general terms and conditions pursuant to which the Coaching Wheels (hereinafter also referred to as “we”, “us” or “our”) provides Customers, Users and Account (hereinafter “you”) access to our Services. You must accept these Terms and Conditions before you use and interact with our services.

By accepting the Terms when purchasing and/or subscribing for the Services you receive a non-exclusive, non-transferable, revocable and limited in time right to use the Application, hereinafter defined as a “License”.

Capitalized words used herein but not already defined above, shall have the following meaning:

  • "Account" means the account you create to access the Services, identifiable by unique email;
  • "Application" means the web-based interactive presentation platform developed and provided by the Coaching Wheels in which you create online Coaching Session with wheel that the Audience responds to via their computers or mobile devices. The result is shown in real time;
  • "Cookies" are a small amount of data generated by a website and saved by your web browser. Its purpose is to remember information about you, similar to a preference file created by a software application.
  • "Customer" means the individual or entity who purchases one or several Plans to use a Paid Version (whether or not you are a User);
  • "Data Protection Laws" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”) and other thereto related applicable laws and regulations. Expressions used herein, e.g. ‘data subject’, ‘personal data’, ‘processing’, ‘controller’, ‘processors’, ‘personal data breach’ etc., shall be construed in accordance with the meaning given to them in the GDPR;
  • "Device" could be any device with internet who can access the service such as a mobile phone, a computer or a digital tablet.
  • "Free User" means the individual or entity who has signed up for a License to the Free Version;
  • "Initiation Day" means the day when a Customer purchases a License to use any of the Application's Paid Versions and thereby agrees to these Terms;
  • "License Period" has the meaning described in Section 3.2;
  • "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Coaching Wheels, Sofia
  • "Paid Version" means the Premium, Business or any other version of the Application that the Customer pays for;
  • "Personal Data" is any information that relates to an identified or identifiable individual.
  • "Services" means all services furnished by the Coaching Wheels to you under these Terms, such as, but not limited to the Application and the Websites;
  • "Service Provider" means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in accessing the Service or analyzing how it is used.
  • "Coaching session" means a project and the presentation of any type of coaching wheels created by a User using our Application;
  • "Terms" means these terms and conditions including any separate agreement that might have been entered into between the Coaching Wheels and a Customer or User, as applicable, regarding the Services;
  • "Third Party Application" means the software for which the copyright and other intellectual property rights belongs to a third party such as, but not limited to, the third parties mentioned by us in the list below (we utilize some of the best technology and third party applications in the world to make the Coaching Wheels awesome). An example of Third-party Service that could be used is the Google account login service by which a User can log in or create an account to use the Service.


    • Heroku Hosting Services - We use Salesforce.com, Inc. and its affiliate Heroku for application and data hosting and contents services (Contact Address: Salesforce Tower, 415 Mission St. San Francisco, California 94105). https://www.heroku.com/what


    • Google Analytics, Google Optimize - we have engaged with Google, LLC. as a service provider for data analytics, tracking, communication and advertising (Contact Address: 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). https://analytics.google.com/analytics/web/provision/#/provision


    • Internal management - We use Google, LLC. (Gmail) services for external and internal communication (email) (Contact Address: 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA).


    • Invisible reCAPTCHA - Invisible reCAPTCHA by Google, LLC. analyzes activity on a job post (e.g. mouse movements and typing patterns) to determine if a user is a robot. Invisible reCAPTCHA service may collect information from Your device. The information gathered by Invisible reCAPTCHA is held in accordance with its Privacy Policy https://www.google.com/recaptcha/about/


    • Financial services of PayPal (Europe) S.à.r.l. (Braintree) - we do not collect, access, or store credit card information. We use PayPal (Braintree) as third party payment processors. Please refer to Braintree website for details on how your financial information is handled and protected (Contact Address: et Cie, S.C.A., 22-24 Boulevard Royal L-2449, Luxembourg). https://www.braintreepayments.com/bg/about-braintree


  • "User" means any person, such as a Customer or Free User, who has signed up for the Coaching session or in any other way use the Services;
  • "User Data" means all data (e.g. text, custom wheels data and values, projects, etc.) including personal data, submitted by you (and your audience in their interaction with your Coaching session) electronically in the use of the Application; Usage Data can also be referred to the data that’s been collected automatically, either generated by the use of the Service or from the Service infrastructure itself. For example, how many times the user accessed the website.
  • "Websites" means the https://coachingwheels.com and https://coachingwheels.com/app/ as well as any other sites related to the Coaching Wheels subsites or versions of them connected to help/support you to use the Application.

Your undertakings

You are responsible for providing the Coaching Wheels with all the information that is necessary for us to be able to provide you with the Services.

The Coaching Wheels is never liable for your Internet connection and the network that is being used to gain access to, and make use of, the Application. It is your responsibility to arrange for and fulfill the technical requirements needed to use our Services, such as to have the equipment and software required for the performance of the Application.

You shall ensure that:

  • Any and all User Data as well as your software is free of viruses, trojans, worms or other harmful software codes
  • User Data as well as your software is in a format suitable for the Application
  • Your software and/or User Data cannot in any other way, harm or adversely affect the Coaching Wheels's systems, Websites or Application.

You are responsible to ensure that your log-in information, security procedures and other information, which is used to access/use the Application, is kept confidential and treated as confidential information. You agree to immediately inform the Coaching Wheels if any unauthorized person has obtained knowledge of such information.

You agree not to copy, decompile, decrypt or deconstruct the Application (or any software or code that is included in the Application) or try to derive or create source code from the Application and you also agree not to circumvent or try to circumvent the security measures of the Application.

You agree to follow the instructions provided from time to time by the Coaching Wheels for use of the Application including, for the avoidance of doubt, not to permit any other person to use your License.

To the extent the Terms does not state differently, you are responsible for back-ups of User Data.

You are liable for the Coaching session you create and responsible for all User Data and other data you submit to our Services.

You agree not to use and to ensure that the Application is not used in an inappropriate or illegal manner; such as, but not limited to, posting pornographic, offensive, racist, harassing or otherwise unlawful or inappropriate material in the Coaching Wheels or Application or by registering and/or using a username reflecting any of the above. The Coaching Wheels reserves the right to, without warning, cancel your right to use our Services if you do this, which neither entitles you to refund for payment done nor compensation of any other kind. We also reserve the right to:

  • Investigate and take appropriate action against anyone who violates, or is suspected of violating, these Terms, including removing any content or reclaiming your username at any time, and/or reporting you to law enforcement authorities
  • Disclose all kinds of data supplied to our Services, if we receive a request for information and this is required by mandatory applicable laws, governmental regulations or rules, or by any orders of court or competent authority or arbitral tribunal.

You agree not to, and you will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website or make the platform available to any third party.
  • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website.
  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of The Coaching Wheels or its affiliates, partners, suppliers or the licensors of the website.

You confirm that you have the full right, power and authority to create your Account and/or purchase Plans (Free, Business or Premium Version) from us and thereby enter into this agreement which creates a legal, valid and binding obligation on you that does not violate any applicable law, rule or regulation, or require any conditional consent by any person or entity. If you are accessing or using the Services in connection with your employment, you confirm that you are authorized to bind your company/employer to these Terms and any references herein to you will refer to both you and your company/employer, as applicable.

If you are younger than 16 years old, you must be represented by your parents or guardians to agree to these Terms and to use the Application.

We reserve the right to terminate your subscription of a Plan under these Terms and suspend you from your paid version immediately or limit your access to the Services if you fail to comply with these Terms or if the provision of the Services might lead to more than a minor damage for the Coaching Wheels or any third party.

By using our site, registering an account, or making a purchase, you consent to this Terms of Service.


Faults in the application

To begin with, our Services are provided "as is" and “as available”, and the Coaching Wheels does not warrant, either express or implied, that the Services will perform without errors and/or without interruptions.

Despite the above, we will to the extent possible and commercially reasonable try to rectify faults in the Application as promptly as the circumstances require, as decided by us in our sole discretion. A fault in the Application shall mean a deviation from the description of the current version of the Application. The Coaching Wheels's responsibility to rectify faults liability does neither include faults that are of no significance for the intended use of the Application and do not cause you any inconvenience nor faults by Third Party Applications as mentioned below.

Faults in the Application are most likely rectified by means of a correction or by the provision of instructions on how to circumvent the fault. To be able to claim the existence of a fault for which the Coaching Wheels is liable, you shall report it to us within a reasonable period of time after discovery of the fault. You will need to state, and if necessary show, how the fault manifests itself.

If there is a fault in a Third Party Application and we are unable to rectify the fault ourselves, we will report this to the relevant Third Party Application supplier with the intent to install any solution received from said Third Party Application supplier if this can be done without having an adverse effect on the Application or without any other negative effects for the Coaching Wheels. Over and above this, the Coaching Wheels has no liability for faults in Third Party Applications.

If we have not rectified a fault with the promptness that the circumstances require, you, as a Customer, will be entitled to such reduction of the price of the Paid Version that corresponds to the fault, however with the limitations set forth in Section Liability and limitation of liability. Free Users will not have any right to economic compensation.

Data managment, personal data

Protecting personal data is extremely important to us. We only collect and use the personal data we need in order to provide you with our Services in accordance with and for the purposes described in our Privacy Policy. The Privacy Policy addresses how we collect personal data and what we collect as well as how the data is used, stored and shared. You will also find information about the processors we use in our Services and how you as a data subject can exercise your rights. Please review our Privacy Policy and Cookie Policy for full information on how we handle your personal data as well as the cookies we use and in our Security Policy we address how we maintain an appropriate level of security as required by GDPR for the Services.

When it comes to personal data included in User Data, the Coaching Wheels is a processor and you (unless you are part of the Audience in a Coaching session in which case your organization as our Customer) are the controller. As the controller, you are solely responsible for the collection, storing, processing and management of such personal data being in compliance with all Data Protection Laws. The Coaching Wheels will only store the data as a result of your use of the Services. If and when we use data from the Free Versions this will be in an anonymized format without the possibility for us to identify separate individuals.

We never sell or grant anyone access to personal data or User Data for other purposes than just fulfilling delivery of the Services under these Terms (except regarding organization email addresses).

Service availability, maintenance, testing and downtime

The Coaching Wheels strives to keep the Application available to such a large extent as possible, but since we want to provide an updated and maintained Application, the Coaching Wheels shall always have the right to disconnect the Application for service and upgrading without giving you prior notice and cannot be held liable for downtime or other technical complications.

We also reserve the right to

  • Implement new updates and versions of the Application
  • To conduct for example A/B testing or other actions for improvement purposes, to the extent deemed appropriate and suitable by us.

The Coaching Wheels intends to give you notice before updates or maintenance of the Application that will lead to more than minor disruptions in the Services.

Liability and limitation of liability

The Coaching Wheels's liability arising out of these Terms is, under all circumstances, limited to an amount corresponding to the amount paid for the Application by you during the twelve months immediately preceding the event causing the loss. You shall, to not lose your right to compensation, submit a claim for damages to the Coaching Wheels within two months from the date when the incident giving rise to the claim occurred. Free Users will not have any right to economic compensation.

The Coaching Wheels shall never be held liable for any indirect, incidental, or consequential damages, including without limitation, any loss of profits, data or income, arising out of or in connection with these Terms or your use of the Services.

The Coaching Wheels assumes no liability whatsoever for any losses, damages or costs caused by:

  • User Data or other content and information submitted by you and your Audience when using our Services;
  • Faults, non-conformities and lacking performance in your software, hardware or Internet connection;
  • Corruption or destruction of data or other damages caused by viruses related to your computer system(s), hardware, software or other equipment;
  • Faults occurred as a result of a) downtime or other technical complications (other than what is specifically stated in Section 8 (Faults in the Application)) or b) any of the reasons stated in Section 13 (Service availability, Maintenance, Testing and Downtime) and/or Section 15 (Force Majeure);
  • Faults caused by your or a third party’s changes to or interference with the Application, or any other circumstances for which you or a third party is liable or that are in some other way beyond the Coaching Wheels's control;
  • The loss, destruction, unavailability, alteration or disclosure of User Data caused by you or a third party, even though if a third party causes this we will of course use all commercially reasonable efforts to restore the lost or damaged User Data from the latest back-ups that are maintained by us.

You agree to indemnify and hold the Coaching Wheels harmless for all damages, costs and expenses caused by:

  • Your breach of the Terms.
  • Any User Data or other content and information submitted by you and your Audience when using our Services.
  • You breaking applicable law or causing an infringement of a third party’s rights.

Term and termination

These Terms enter into force automatically when you sign up for an Account or use the Application or the Websites connected to the Application, whatever happens first. If you are a Customer, the Terms enter into force automatically on the Initiation Day.

You can, at any time, terminate your subscription of Paid version by sending an email to contact@coachingwheels.com. Termination will occur following your confirmation of wanting to be removed from all systems and have all your data, including User Data, deleted. Already paid fees will not be repaid. After the termination you are no longer enabled to use the Services.

The Coaching Wheel can terminate your subscription in accordance with what is stated in these Terms and in all other cases by giving one month prior notice. Termination can always be made by using the email address registered or our contact form.

Force majeure

The Coaching Wheels shall be excused from the performance of any of its obligations to you under the Terms if the performance thereof is prevented or delayed by any cause beyond the Coaching Wheels’s control, such as, but not limited to, riots, fire, flood, natural disasters, wars, accidents, acts of terrorism, sabotage, strikes, embargo or other government actions. We shall in case of such events of force majeure promptly notify you and furnish you with relevant information thereof.

Cookies

The Coaching Wheels uses "Cookies" to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to personalize the Content that you see on our website. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies. By using our site, registering an account, or making a purchase, you consent to the fact that we use cookies.

Contact Us

Don't hesitate to contact us if you have any questions.