Terms of Use

This English translation is provided for convenience only. The German version of these terms is legally binding; in the event of any discrepancy, the German version prevails.

1. Scope of Application

The following General Terms and Conditions (Allgemeine Geschäftsbedingungen, AGB) apply exclusively within the scope of the contractual relationships between Coachingspace GmbH, Stöcken 7, 42897 Remscheid (hereinafter “Coachingspace”) and its users (hereinafter “User”). Conflicting or deviating general terms and conditions of the User shall not become part of the contract.

2. Scope of Services

2.1. Via Coacingspace.net, Coachingspace provides the User with a virtual space in which professional online consultations and online training sessions can be conducted.

2.2. Three different models are available to the User within the web app provided by Coachingspace:

- Individual: The Individual model includes the full range of functions for one tool, which is to be selected during the payment process.

- Premium: Under the Premium model, all functionalities can be used without restriction.

- Day Pass (Tagespass): The Day Pass enables the User to use all functionalities without restriction for 24 hours from the time of purchase.

2.3. Upon first registration, every User is entitled to a 7-day free trial, during which all functionalities can be used without restriction and free of charge for 7 days. The purchase of paid contract models remains unaffected by this.

3. Technical Requirements

The User is responsible, personally and at their own expense, for ensuring that the technical arrangements necessary for accessing and using the Coachingspace web app (compatible end device; internet connection; appropriate software, etc.) are in place.

4. Rules of Conduct and Security

4.1. The User must not upload any viruses or malicious code or do anything that could prevent, overload or impair proper functioning. This also includes (attempted) access to data by circumventing access restrictions and the unauthorized use or promotion of mechanisms, software or scripts in connection with the use of the web app.

4.2. The User is prohibited from incorporating pornographic, violence-glorifying, falsified or otherwise illegal material into the web app, and from defaming or slandering third parties or otherwise impairing them unlawfully and/or in a manner relevant under criminal law. Furthermore, the User is not permitted to use the web app for election or political party advertising.

4.3. The User is obliged to use a secure password for registration. A secure password contains at least 8 characters, consisting of upper- and lower-case letters as well as special characters. The access data for the account must be protected against inspection and use by third parties. If there is reason to fear that use by third parties is taking place or could take place, inform us without undue delay (unverzüglich) so that Coachingspace can take steps to protect the account (e.g. to block it temporarily).

5. Registration

5.1. The User must register at https://app.coachingspace.net in order to be able to use the web app. This registration option is to be understood as an invitation by Coachingspace to submit an offer.

5.2. To submit the offer and to start the registration process, the User must click on the “Register” (“Registrieren”) or “Log in / Register” (“Einloggen / Registrieren”) button. The User is then given the opportunity, via an input form, to provide the information required there completely and correctly and to click on a further button labeled “Register” (“Registrieren”). Once registration has been completed in this way, the User receives an email containing an (activation) link. This email is to be understood as acceptance of the offer. By clicking on the link, the registration process is technically completed. Before submitting their offer, the User can correct any input errors by reviewing their entries. The contract text is stored by Coachingspace. The User can print out, save or copy the contract data and these General Terms and Conditions via the print function of the respective browser before completing the registration. The contract data, these General Terms and Conditions and the information required by law for distance contracts (Fernabsatzverträge) are also sent to the User by email.

5.3. Upon completion of registration, the User starts the 7-day free trial. The User is free to opt for a paid contract model already during this period.

6. Purchase of Paid Contract Models

6.1. Coachingspace offers the User the opportunity to purchase paid contract models. The provision of the paid contract models is to be regarded as a legally binding offer.

6.2. In order to be able to accept the offer, the User must first complete the order process provided:

- Selection of the paid subscription model and clicking the “Checkout” (“Zur Kasse”) button

- Redirection to the payment provider and entry of the necessary information

- Entry of the required billing data and selection of the payment method

- Clicking the “Subscribe” (“Abonnieren”) button for the Individual and Premium packages and the “Buy” (“Kaufen”) button for the Day Pass

By clicking on the “Subscribe” or “Buy” button, the offer is bindingly accepted. The User then receives a confirmation email. The contract data, these General Terms and Conditions and the information required by law for distance contracts are sent to the User in the confirmation email.

6.3. Throughout the entire order process, an overview of the contract model selected by the User is available to the User. The User can correct any input errors by clicking back in the order process and changing the incorrect information. The contract text is stored by Coachingspace. The User can print out, save or copy the contract data and these General

Terms and Conditions via the print function of the respective browser before being redirected to the payment provider.

7. Prices and Terms of Payment

7.1. The User can view the prices applicable to the paid contract models on the Coachingspace website. The prices are to be understood as including value added tax (VAT).

7.2. Coachingspace reserves the right to adjust the price during the current contract term. An adjustment may take the form of either a price increase or a price reduction. A price increase is only envisaged if cost-increasing circumstances arise which make proper maintenance substantially more difficult without this being offset by an increase in the price. Circumstances in which a price increase will be considered are: costly adjustments to the software (development costs) resulting from changes in the law (e.g. relating to data protection); increased server costs due to sharply rising energy costs; increased costs for copyright-protected content from Coachingspace’s cooperation partners. Coachingspace will notify the User of a price adjustment as early as possible, but no later than three months before it takes effect, and will explain the cost-increasing or cost-reducing factor in more detail. A price adjustment only affects a contractual relationship once the minimum contract term of one month has expired. In the event of a price adjustment, the User may terminate the existing contractual relationship with Coachingspace in accordance with the applicable provisions (clauses 9.2 and 9.5). In the event that a notification by Coachingspace, through no fault of its own, is only made at a point in time at which the User can no longer comply with the ordinary notice period before the price adjustment takes effect, the User may terminate the contractual relationship with effect from the date on which the price adjustment becomes effective.

7.3. Coachingspace offers the User the following payment methods:

a) Credit card

The User is at liberty to carry out the transaction by credit card (VISA, Mastercard). Coachingspace uses the payment processor Stripe to coordinate the payment process.

b) Direct debit

As a further payment method, the User has the option of making the payment by direct debit. In doing so, the User authorizes Coachingspace to collect the remuneration due. Coachingspace uses the payment processor Stripe to coordinate the payment process.

8. Contract Term

8.1. For the Individual and Premium models, the User can select a contract term of one month. After expiry of the originally selected minimum contract term, the contract is extended for an indefinite period unless it is terminated by ordinary notice (ordentliche Kündigung) or extraordinary notice (außerordentliche Kündigung) in accordance with the provisions set out in clause 9.1. or 9.4.

8.2. The contract term of the Day Pass is 24 hours from the time of purchase. The Day Pass is not automatically extended.

9. Right of Termination/Termination of Contract/Sanctions

9.1. Within the minimum contract term, notice of termination of the Individual or Premium model must be given by the User no later than the end of the last day of the contract term. After expiry of the minimum contract term, the User may terminate the extended contractual relationship at any time by giving one month’s notice. The User can give notice of termination in the “Shop” section.

9.2. Within the minimum contract term, Coachingspace may terminate the Individual model and the Premium model without stating reasons by giving 14 days’ notice with effect from the actual end of the contract. After the contract has been extended for an indefinite period, Coachingspace may terminate the Individual model and the Premium model at any time by giving one month’s notice.

9.3. Ordinary termination of the Day Pass is not possible for either party.

9.4. Both contracting parties may terminate all contractual relationships extraordinarily for good cause (aus wichtigem Grund). Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the continuation of the contractual relationship cannot reasonably be expected.

9.5. In the event of a first breach by the User of the rules of conduct established by Coachingspace (clause 4), Coachingspace is entitled to delete the relevant content in part or in full and/or to block the User temporarily. The User will be confronted with the breach and given the opportunity to comment. Coachingspace will then inform the User whether the account will be unblocked or blocked completely. In the event of a repeated breach, Coachingspace is entitled to terminate the contract extraordinarily in accordance with clause 9.5.

10. Rights of Use

10.1. The User acquires a simple (non-exclusive), non-sublicensable and non-transferable right of use (einfaches Nutzungsrecht) to the web app provided by Coachingspace for both private and commercial use. The User is not permitted to modify or further develop the web app. The right of use does not extend to using the content provided by Coachingspace outside the web app. No transfer of ownership takes place.

10.2. The User grants Coachingspace a simple (non-exclusive) and sublicensable right, unlimited in time and worldwide, to use content contributed on Coachingspace.net. The types of use covered by this are the right of reproduction and distribution, the right of making available to the public and the right of adaptation. The right of use is limited to use within the scope of the services on Coachingspace.net.

10.3. The User warrants that they hold the necessary rights to all content contributed by them or via their account, in particular the right to transfer the necessary rights of use to Coachingspace and the right to make the content publicly available on Coachingspace.net. Use requires that content is free of third-party rights (in particular but not exclusively: data protection law, right to one’s own image, copyrights, property rights, trademark rights or otherwise protected motifs, etc.) or that the consent of the rights holders has been obtained.

10.4 Where copyright exists in protected content of cooperation partners, this is indicated.

11. Availability of coachingspace

11.1. The web app is used at the User’s own risk. Coachingspace does not warrant that the web app will be available at all times without interruption, in a timely manner, securely and free of errors.

11.2. Interruptions of operation are possible. This applies in particular while maintenance and/or repair work and/or updates are being carried out, as well as to times during which the web server cannot be reached via the internet due to technical or other problems beyond Coachingspace’s sphere of influence (force majeure, fault of third parties, failure of communication networks and gateways of other operators, disruptions in the area of the respective line provider, etc.).

11.3. If the interruption of operation is due to maintenance and/or repair work or to causes beyond Coachingspace’s sphere of influence, the User remains obliged to pay the agreed fee. This applies in particular in the event that an operational or server interruption occurs on the User’s side.

12. Indemnification

The User undertakes to indemnify Coachingspace against all claims by third parties arising from a breach by the User and/or the User’s vicarious agents (Erfüllungsgehilfen) and persons employed to perform tasks (Verrichtungsgehilfen) of any provision of this agreement and/or of the applicable statutory provisions or the rights of third parties. In this case, the User is also liable for all damage incurred by Coachingspace as a result of any claims asserted against it by third parties. The User must also reimburse Coachingspace for the actual costs of legal defense.

13. Liability

Claims by the User for damages or for reimbursement of futile expenditure (vergebliche Aufwendungen) are governed by the following provisions:

13.1. Coachingspace has unlimited liability for damage arising from injury to life, body or health which is based on an intentional or negligent breach of duty by Coachingspace, a legal representative or a vicarious agent of Coachingspace.

13.2. With regard to all other liability claims, Coachingspace has unlimited liability only in the absence of a guaranteed quality (garantierte Beschaffenheit) and for intent and gross negligence on the part of its legal representatives and vicarious agents.

13.3. Coachingspace is liable for slight negligence only if a duty is breached whose fulfillment is of particular importance for achieving the purpose of the contract (cardinal obligation, Kardinalpflicht). In the event of a slightly negligent breach of a cardinal obligation, liability is limited to such damage as must typically be expected to arise in the course of performance of the contract.

14. Data Protection

Coachingspace stores transmitted personal data for the purpose of processing the conclusion of the contract and for the performance of the contract. The User can find further information in the privacy notice.

15. Withdrawal

If the User is a consumer (Verbraucher), the User has a right of withdrawal (Widerrufsrecht).

Instructions on Withdrawal (Widerrufsbelehrung)

The User has the right to withdraw from the concluded contract within 14 days without giving any reason. The withdrawal period is 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, the User must inform Coachingspace GmbH, Stöcken 7, 42897 Remscheid; email: info@coachingspace.net; telephone: +49 15161224891) of their decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). The User may use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for the User to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If the User withdraws from this contract, Coachingspace shall reimburse all payments received from the User, including the costs of delivery (with the exception of the supplementary costs resulting from the User’s choice of a type of delivery other than the least expensive type of standard delivery offered by Coachingspace), without undue delay and in any event no later than 14 days from the day on which Coachingspace received the notice of withdrawal from this contract. Coachingspace will carry out such reimbursement using the same means of payment as the User used for the initial transaction, unless expressly agreed otherwise with the User; in no event will the User be charged any fees as a result of such reimbursement.

Model Withdrawal Form (Muster-Widerrufsformular)

If the User wishes to withdraw from the contract in accordance with the above instructions on withdrawal, the User may complete this form and return it to Coachingspace. However, use of the form is not mandatory.

To Coachingspace GmbH, Stöcken 7, 42897 Remscheid, email: info@coachingspace.net

I/We (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service (*)

Received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper)

Date

(*) Delete as appropriate

End of instructions on withdrawal

16. Expiry of the Right of Withdrawal

16.1 The User’s right of withdrawal expires if Coachingspace has begun performance of the contract after the User has expressly consented to Coachingspace beginning performance of the contract before the expiry of the withdrawal period, and the User has confirmed their knowledge that, by giving such consent, they lose their right of withdrawal upon commencement of performance of the contract.

16.2 If the User does not expressly consent to the arrangement set out in 16.1, performance of the contract will only begin after the withdrawal period has expired.

17. Age Restriction

Use of the web app is only permitted to Users who have reached the age of 16.

18. Online Platform for Out-of-Court Dispute Resolution and Notice pursuant to § 36 of the German Consumer Dispute Resolution Act (VSBG)

18.1. Coachingspace is obliged to inform Users who are consumers of the European Commission’s platform for online dispute resolution (ODR platform, OS-Plattform). This ODR platform can be accessed via the following link: https://webgate.ec.europa.eu/odr.

19. Amendments to the General Terms and Conditions

Coachingspace reserves the right to amend these General Terms and Conditions if a change in previous case law, a (supreme court) judgment issued against Coachingspace, a change in the legal situation or mandatory statutory requirements so provide, as well as if a gap in the provisions of the AGB cannot be closed by provisions of non-mandatory law (dispositives Recht). This does not apply if material provisions of the contractual relationship are affected thereby or if the change places an unreasonable burden on the User. The intended changes will be communicated to the User six weeks before they take effect. The User has the option of objecting to the change to the terms of use. If the User does not object to the changes, they become part of the contract upon expiry of the six weeks. Coachingspace will expressly inform the User in advance of the consequences of remaining silent or of objecting.

20. Applicable Law, Place of Performance and Place of Jurisdiction

20.1. The contracts are governed only by the law of the Federal Republic of Germany, excluding the UN Sales Convention (UN-Kaufrecht) (United Nations Convention on Contracts for the International Sale of Goods, CISG). In the case of consumers, this choice of law applies only insofar as it does not deprive the User of the protection of mandatory consumer protection provisions of the state in which the User has their habitual residence.

20.2. Insofar as the contracting parties are merchants (Kaufleute), legal entities under public law or special funds under public law (öffentlich-rechtliche Sondervermögen), the place of performance for all our services is the registered office of Coachingspace.

20.3. Insofar as the contracting parties are merchants, legal entities under public law or special funds under public law, the exclusive place of jurisdiction is the registered office of Coachingspace.

20.4. The contract languages are German and English.

20.5. Should any provision of these terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.