Version 1.1, 2021-01-19
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:
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:
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:
You agree not to, and you will not permit others to:
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.
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.
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).
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
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.
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:
You agree to indemnify and hold the Coaching Wheels harmless for all damages, costs and expenses caused by:
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 firstname.lastname@example.org. 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.
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.
Don't hesitate to contact us if you have any questions.