Terms of Service

Who can use our services and Platform

Our services and Platform are intended only for users aged 18 or older. If you are under 18, please do not use our services or Platform. Any person who provides their personal information through the Platform represents that they are at least 18 years of age and are fully able to enter into these Terms.
Users who have been temporarily or permanently suspended from our services and the Platform may not use it during their suspension period.

Accessing our services and the Platform

By accessing our services and the Platform, you represent that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you must immediately stop accessing our services and the Platform and using any Content.
Your access to and use of the Platform and/or the Content is subject to your continued compliance with these Terms and any applicable laws.

Creating an Account

You can use the Coacher Platform to:
1. be matched with a coach or mentor and to receive coaching and mentorship (as a “Coachee”);
2. be matched with Coachees and provide coaching or mentoring services (the “Coaching Services”) to them (as a “Coach”);
3. provide Coaching Services to Coachees you have acquired outside of the Platform as (1) a Coach, (2) an entity that provides coaching services (as a “Coaching Company”); or (3) a business or a non-profit organization offering third-party coaching or mentoring benefits to your employees or service beneficiaries (as an “Enterprise Client” “).
You will be required to create an account to use the Platform (the “Account”) and designate your intended use of the Platform – as a Coachee, a Coach (or both), or as an Enterprise Client.
When creating or updating an Account as a Coachee or a Coach, you may be required to provide certain personal data. The personal data shall be held and used in accordance with the Privacy Policy, available at https://www.coacher.co/privacy-policy (the “Privacy Policy”).
When creating or updating an Account for a Coaching Company or an Enterprise Client, you may be required to provide personal data of your employees, service providers, service beneficiaries, volunteers, or other data subjects who will be involved in the use of the Platform. You shall only provide personal data if you have permission to do so.
You shall obtain all necessary consents and permissions from individuals as required by the DPA or other applicable laws for the collection, use, and processing of their personal data.
You shall be responsible for timely updating your data upon any change.
You agree not to provide any false or misleading information about your identity or location, your business, your experience, your skills, your services, or your certifications, and you agree to correct any information that is or becomes false or misleading.
You hereby represent and warrant that you shall not: (i) create an Account using a false identity or information, or on behalf of someone other than yourself, or (ii) use your Account to engage in any illegal conduct.
You shall not let anyone else access your Account or do anything else that might jeopardize the security of your Account.
1. If you are a Coachee or Coach, you also shall not share your Account or login information with anyone.
2. If you are a Coaching Company or an Enterprise Client, you shall not share your Account or login information with anyone not authorized by your organization. By sharing your Account or login information with other users, you represent that: (a) the user is authorized to act on your behalf; and (b) you are fully responsible and liable for what the user does and does not do, including with respect to making payments and entering into Service Contracts and the Terms of Service.
You shall be responsible for maintaining the confidentiality of the login information and for all uses of the login information to access your Account. If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the login information, you must immediately notify Coacher and modify your login information.
Any use of your login information will be deemed to have been made or duly authorized by you. Therefore, we shall not be responsible for any consequences of unlawful, fraudulent, or abusive use of your login information and the access to the Platform by any third party using your login information.

Creating a Profile

Certain features of the Platform require setting up a personal profile that contains your Content (as defined below) and information (“Profile”).
You agree that you will only upload to your Profile such information, text, images, graphics, photos, audio, videos, or other materials (“User Content”) that you own and have the right to share, and you are responsible for ensuring that your User Content is in compliance with all applicable laws, rules, and regulations.
We reserve the right to remove any Profile and/or User Content that violates any applicable law, rule, regulation, or these Terms, or is found by us to be objectionable or to create risk or possible legal liabilities.
You agree that your Profile and your User Content will be visible to users in accordance with your preferences, as shall be designated on the Platform.

Uploading Content

The Platform allows users to submit certain User Content on the Platform. You shall retain all your rights to the User Content and information you submit on the Platform and you can control how it is shared with other users.
We shall be entitled, in our sole discretion, to reduce file size, image size, and resolution of any User Content without any liability to you whatsoever.
You shall not upload any User Content that:
1. promotes racism, bigotry, or hatred towards groups or individuals;
2. is unlawful, libelous, defamatory, threatening, abusive, inflammatory, fraudulent, or otherwise objectionable;
3. impersonates any person or entity, misrepresents your affiliation with a person or entity, or creates or attempts to create a false identity;
4. harasses or advocates harassment of another person;
5. is invasive of privacy or publicity rights, or contains or implies any private or personal identifying information of a third party;
6. relates to a person under the age of 18, unless a valid consent from a parent or legal guardian has been obtained as required by applicable laws;
7. infringes any copyright, trademark, or other proprietary right of a third party;
8. displays obscene, pornographic, or sexually explicit material of any kind;
9. contains any form of solicitation;
10. contains software viruses or any computer code designed to interfere with the functionality of the Platform or other users’ communications equipment;
11. solicits passwords or personal identifying information for commercial or unlawful purposes from other users or members; or
12. is intended to deceive users or members into dangerous or unlawful activity or that would constitute, encourage, or provide instructions for a criminal offense, violate any third-party rights, or otherwise create liability or violate any applicable law.

Rights in the User Content

By submitting the User Content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide, perpetual, and irrevocable license(s) to use, reproduce, copy, modify, process, adapt, publish, transmit, edit, translate, transform, display and distribute such User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed.
You represent and warrant that you have all rights, permissions, power, and/or authority required to grant the rights and licenses granted herein for the User Content submitted by you.

Services, Subscriptions, Fees, and Payment Terms

Certain parts of the Services may be subject to payment (“Paid Services”). The Coaching Services are subject to payment as determined by the Coaches or the Coaching Companies. Please see Commercial Terms for details about the Paid Services and the rates of the Coaching Services. You can purchase Paid Services available on the Platform in accordance with the then-applicable terms of such services.
Coacher may, at any time and from time to time, in its sole discretion, change the terms and conditions of the Paid Services provided, however, that the changes shall be effective as of the next Subscription Term (if applicable).
The service period shall be as specified in your purchase order (the “Order”). You authorize Coacher to automatically charge your payment method upon your authorization for the Order through the Platform. Subscriptions shall automatically renew for successive terms unless you notify us of your will not to renew the subscription before the expiration of the term, and subject to these Terms and the terms of the applicable subscription (the “Subscription Term”(.
The fees payable for services and subscriptions (“Fees”) and the payment terms are as specified in the applicable Order and do not include VAT, sales taxes, and surcharges, which shall be indicated in the Order.
We use a third-party payment processor (“Payment Processor”) to charge payments from your credit card. The processing of payments will be subject to the applicable terms, conditions, and privacy policies of the Payment Processor and your credit card issuer, and may require additional charges. We are not responsible for any actions made by the Payment Processor or your credit card issuer.
Coacher may, at any time, change the fees and payment terms of the Paid Services. We will notify you in writing of any changes that might affect the amounts you pay or receive for the Paid Services.
To purchase a Coaching Service or schedule a discovery call (“Discovery Call”) with a Coach, you will be required to provide valid credit card information. By providing us with credit card information, you authorize us to charge the fee from such credit card (or any credit card that will replace it) upon confirming your purchase. For subscription purchases, you authorize us to charge the fee on a regular basis, in accordance with the then effective payment terms, during the Subscription Term.
If you are a Coachee, it is your responsibility to provide us with valid credit card information before the expiration or termination of the previous credit card. If, for any reason, we will not be able to charge the Fees from your credit card, we may suspend your Subscription Term until we will be able to charge you.
If you dispute any charges, you must let Coacher know within thirty (30) days after the date you are charged.
Coacher may from time to time offer discounts and promotions on its fees and commissions, and without providing advance notice.

Matching

To use Coacher’s matching services, you will fill out a questionnaire to help us find Coaches or Coachees that can be the best match for your needs.
If you are a Coach, you will be required to create a Public Profile, which will include information about you, including your image or video, your experience, credentials, and other information. You warrant that any information you provide is truthful to the best of your knowledge, and authorize Coacher, directly or through third parties, to verify information in your Public Profile using third party, government, and other data sources. Coacher may request additional verification from you, which you must provide in a timely fashion in order to register and maintain your account. You further authorize Coacher to share your Public Profile, or any information therein, with users of the Platform.
If you are a Coachee, the Platform will suggest Coaches based on your answers to the questionnaire and the information provided by the Coaches. If you choose to schedule a Discovery Call with or order a service from a Coach, you authorize Coacher to share information from your questionnaire with the Coach. Coacher is not responsible for the matches suggested by the Platform and you shall have no claims or demands against Coacher in relation to such suggestions.

Exclusivity

If you are a Coach to a Coachee who was referred to you by the Platform, you shall conduct all coaching or related services to them exclusively on the Platform, as of the date of such referral and until the lapse of 12 months thereafter, including when the referral did not result in the provision of Coaching Services (the “Exclusivity Period”).
You shall not take any action to circumvent or allow any third party to circumvent the limitations set forth in this Section or in these Terms.

Bringing your Coachees to the Platform

As a Coach, a Coaching Company, or an Enterprise Client, you can use the Platform to provide services to Coachees who were not referred to you by the Platform, subject to the payment of the applicable Fees.

Coach-Coachee Relationship

By accepting these Terms, you acknowledge that your entry into a coaching or mentoring relationship (“Coaching Relationship”) on the Platform is voluntary and that all parties to a Coaching Relationship may terminate the relationship at any time and for any reason, provided that all paid services have been provided.
Coach agrees to maintain the ethics and standards of behavior established by the International Coach Federation (the “ICF”) available at https://Coachfederation.org/ethics. It is recommended that the Coachee review the ICF Code of Ethics and the applicable standards of behavior.
Coach agrees to promptly disclose to Coachee any real or potential conflict of interest that arises at any point in the Coach-Coachee Relationship. A coach will not have any conflict of interest relevant to the Coaching Services and will not receive any benefits from a third party in relation with the Coaching Services unless disclosed to the learner and agreed by Learner in writing.
A Coach will not provide any financial services or financial advice (except for any general well-being advice), and will not solicit a Coachee to purchase financial products or services.
A Coach will not request to receive any additional compensation for the Coaching Services, except as prescribed in these Terms.
Coachee is solely responsible for creating and implementing his/her own physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the relationship with the Coach and the receipt of the Coaching Services. Coachee agrees that the Coach is not and will not be liable or responsible for any direct or indirect result of the Coaching Services.
The Coachee understands that coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
A Coach will not provide any mental health services to a Coachee.
The time of the coaching meetings will be determined by Coach and Coachee by using the scheduling tool on the Platform. Coaches will ensure that their schedule on Platform reflects their availability.
The Coaching Relationship, as well as all information (documented or verbal) that the Coachee shares with the Coach as part of the Coaching Relationship, is typically bound by principles of confidentiality (for more information see, for example, the ICF Code of Ethics). However, please be aware that the Coach-Coachee relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege.
Any information disclosed in coaching sessions by a Coachee to a Coach is deemed confidential (the “Confidential Information”). Except as may be required by any applicable law, the Coach agrees not to disclose any Confidential Information. The Coach will not disclose the Coachee’s name as a reference without the Coachee’s explicit and written consent.

Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Coachee; (b) is generally known to the public or in the Coachee’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Coachee; (d) is independently developed by the Coach without use of or reference to the Coachee confidential information; (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and, as a result of such disclosure, the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Coachee or others; or (g) involves illegal activity. The Coachee also acknowledges their continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
Coach and Coachee can use the Platform to schedule meetings. Subject to the provisions of Section 11.14, the policy for cancellation and re-scheduling of appointments, as well as reimbursement for unfulfilled meetings, can be determined by each Coach and adjusted on their Profile provided, however, that such policy shall not contradict our Cancellation Policy.
Subject to the provisions of Section 11.14, in the event that a Coach has not adjusted their cancellation policy on the Platform, our Cancellation Policy shall apply. The Coach is responsible that the cancellation and re-scheduling policy shall be in compliance with all applicable laws and regulations.
Depending on the place of residence of the Coach and the Coachee, various laws and regulations may apply to the relationship between the Coach and the Coachee, including, without limitation, the cancellation and re-scheduling policy of the Coach or the Cancellation Policy. The Coach and the Coachee agree that Coacher provides the Platform for the provision of the Coaching Services and is not responsible to monitor and/or verify that the Coaching Services are provided by the Coach in accordance with the applicable laws.

Suspension and Termination

Any use of the Platform that is in breach of these Terms is strictly prohibited and can result in the immediate termination of your rights hereunder, without limiting any other remedies.
Coacher reserves the right, in its sole discretion and for any reason, to stop access to the Platform or alter its functionality at any time, either permanently or temporarily, at which point your right to access and use the Platform shall be suspended or terminated. In the event of such suspension or termination, Coacher shall provide you with a prorated refund for any amounts paid for the discontinued elements of the Platform and/or any Services.

Account Closure

If you opt to terminate your Account, have not used the Platform for a period exceeding one year, or have been permanently suspended from the Platform, Coacher may close your Account and delete the data associated with it. Except as otherwise required by law, if your Account is closed, you will no longer have access to information or material you kept on the Platform and any content stored in your Account may be deleted, for which Coacher expressly disclaims liability. Coacher may retain some or all of your Account information as permitted or required by law and the Privacy Policy.

Intellectual Property

You acknowledge and agree that all rights, title, and interest in the Platform and the Content (except for User Content), including but not limited to its design, layout, graphics, and all data contained therein, including any intellectual property rights therein, are and shall remain the exclusive property of Coacher.
You shall not, directly or indirectly, copy, reproduce, modify, distribute, display, or create derivative works based on the Platform, the Content, or the data without the prior written consent of Coacher.
You shall not remove, alter, or obscure any copyright, trademark, or other proprietary notices or legends displayed on the Platform.
Any feedback, suggestions, or ideas provided by you regarding the Platform may be used by Coacher without any obligation or compensation to you, and you hereby assign all rights, title, and interest in such feedback, suggestions, or ideas to Coacher.

Restrictions

You agree not to engage in any of the following activities while accessing the Platform communicating with other users or using the Content:

Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Platform or any software used in connection therewith.
Interfere with or disrupt the integrity or performance of the Platform or any related systems, networks, or servers.
Use the Platform in a manner that infringes upon or violates the intellectual property rights or any other rights of Coacher or any third party.
Transmit, distribute, or upload any material that is unlawful, harmful, defamatory, obscene, harassing, or otherwise objectionable.
Collect or store personal data or information of individuals without their explicit consent and/or in a manner not expressly allowed under these Terms.
Violate any applicable laws, rules, or regulations, in connection with the use of the Platform, or engage in any fraudulent, deceptive, or misleading activity.
Share any information that is abusive, threatening, obscene, defamatory, libelous, or discriminatory, based on age, ethnicity, race, religion, or sex.
Attempt to, or harass, abuse, or harm another person or group.
Solicit or attempt to solicit personal information from other users.

Users Interaction and Disputes

You acknowledge and agree that your interactions with Coachees and Coaches found on or through the Platform are solely between you and such other persons, or entities.
You acknowledge and agree that Coacher will not be liable, responsible, or otherwise legally accountable to you or to any third party for any loss or damage of any sort that you or any third party have incurred from your interaction with such other users or entities found on or through the Platform.
In case of a dispute between users of the Platform, or between users and any third parties, you acknowledge and agree that Coacher is not liable, responsible, or otherwise legally accountable for such dispute, nor is Coacher under any obligation to become involved in such dispute.
Coacher reserves the right, but has no obligation, to monitor disputes between you and other users.

External Links

You acknowledge and agree that the Platform may contain links to other websites or pages of third parties (“Linked Sites”), which may change from time to time. You also acknowledge and agree that such Linked Sites are independently owned and operated, and that their content is not controlled by Coacher.
You acknowledge and agree that Coacher is neither responsible nor liable for the content, accuracy, or opinions expressed and contained within Linked Sites nor for any loss or damage that you may incur by any materials contained within Linked Sites.
Coacher does not monitor, investigate, nor check these Linked Sites for accuracy. Coacher makes no claims nor warrants the truthfulness, legitimacy, completeness, or validity of the materials contained in such Linked Sites.
Inclusion of the Linked Sites does not imply approval or endorsement of the materials contained in Linked Sites by Coacher. Your use of these Linked Sites will always be at your own risk and responsibility.

Electronic Communications with Coacher

When you use the Platform to communicate with Coacher, join a mailing list, or post electronic messages to Coacher, you consent to receive messages sent to the mailing list and any other communications related to your use of the Platform. Coacher might communicate with you by email, through mobile app notifications, or by posting notices on the Platform. You agree that all communications provided to you electronically satisfy any legal requirement that such communications be in writing.

Representations and Warranties

You hereby represent and warrant that:

You are at least 18 years of age.
You have the full power and authority to enter into an agreement with Coacher in accordance with these Terms.
You have obtained the required consents from the Coachees for the purpose of providing any Coaching Services while using the Platform and to any use of the Platform in accordance with these Terms.
You have, and shall maintain at all times during the Term, all qualifications, licenses, and approvals from any relevant authority under any applicable law required for the provision of the services provided by you to the End-Users and the use of the Platform for the purpose thereof.
Your access or use of the Platform pursuant to this Terms shall not violate the personal or proprietary rights, including intellectual property rights, of any person.
You will comply with all state and federal laws, including those related to privacy.
You will not solicit, induce, or otherwise communicate with a Coach or Coachee referred to you through Coacher for any coaching or other similar services for a period of one year from the date Coacher made the referral, except through the use of the Platform or with the explicit written consent of Coacher.

Disclaimers

While Coacher aims for the Platform to be highly reliable and available, the Platform cannot be and is not intended to be reliable or available 100% of the time. The Platform is subject to sporadic interruptions and failures for a variety of reasons beyond the control of Coacher, including, among others, Wi-Fi intermittency, mobile carriers’ service availability, power interruptions etc. You acknowledge these limitations and agree that Coacher is not responsible for any damage allegedly caused by the failure or interruptions of the Platform.
The Platform is designed to facilitate and enhance interactions between Coaches and Coachees. However, Coacher is not responsible for the interactions between Coaches and Coachees and you shall have not claims, demands, or contentions against Coacher in connection with such interactions. Coacher does not check the services provided by the Coaches and is not responsible for such services or the results thereof.
COACHER IS NOT RESPONSIBLE FOR THE PROFFESSIONAL SERVICES AND/OR ANY ACTIONS OF THE COACHES OR THE COACHEES AND YOU SHALL NOT SEEK TO HOLD COACHER LIABLE FOR THE CONDUCT OF COACHES, COACHING COMPANIES, ENTERPRISE CLIENTS COACHEES, OR ANY THIRD PARTIES.
YOU UNDERSTAND AND AGREE THAT UNLESS SPECIFICALLY DESIGNATED AS SUCH BY COACHER, THE PLATFORM AND THE SERVICES ARE NOT INTENDED TO BE USED AS MEDICAL, MENTAL HEALTH, EMERGENCY, SAFETY OR LIFESAVING SYSTEMS AND ARE NOT TO BE USED AS SUCH.
YOU AGREE THAT YOU WILL NOT RELY ON THE PLATFORM AND/OR THE SERVICES FOR ANY MEDICAL, MENTAL HEALTH, EMERGENCY, SAFETY, LIFESAVING OR CRITICAL PURPOSES.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, COACHER MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, COACHER PROVIDES THE PLATFORM AND/OR THE CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND MAKES NO REPRESENTATIONS REGARDING THE AVAILABILITY, RELIABILITY, QUALITY, OR ACCURACY THEREOF.
WITHOUT LIMITING THE FOREGOING, COACHER DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE USE OF THE PLATFORM IS AT YOUR SOLE RISK AND YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE PLATFORM.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO THE USE OF, OR INABILITY TO USE THE PLATFORM UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE), AND THAT UNDER NO CIRCUMSTANCES WHATSOEVER WILL COACHER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING FOR LOSS OF PROFITS, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL OR LOSS OF DATA) SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF OR INABILITY TO USE THE PLATFORM.
WITHOUT LIMITING THE FOREGOING, THE ENTIRE LIABILITY OF COACHER SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID OR DUE TO COACHER UNDER YOUR SUBSCRIPTION OR PAID OR DUE TO YOU FROM COACHER AS END-USER FEES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THE LIMITATION OF LIABILITY IN THIS SECTION WILL NOT APPLY TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS LIMITATION OF LIABILITY IS APPLICABLE TO THE FULLEST EXTENT PERMITTED UNDER THE APPLICABLE LAW.

Indemnity

You agree to defend, indemnify, and hold harmless Coacher and its agents, managers, affiliates, licensors, licensees, successors, and assigns, and each of their respective directors, officers, contractors, employees, agents, service providers, and partners, from and against any demands, losses, cost or debt, liabilities, claims, or expenses (including reasonable attorneys’ fees, expert fees, and other reasonable costs of litigation) made against Coacher by any third party due to or arising out of or in connection with: (i) your use of and/or access to the Platform; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any data submitted via your Account; or (vi) any other party’s access and use of the Platform with your login information.

Miscellaneous

To the fullest extent permitted by applicable law, any claims arising out of or relating to these Terms or the Services will be governed by the laws of the State of Delaware, without regard to its conflict of laws rules; all disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Delaware, and you consent to personal jurisdiction in these courts. You hereby irrevocably waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this agreement.

Notwithstanding the above, if you are a Coaching Company or an Enterprise Client, any dispute, controversy, or claim arising out of or relating to these Terms, shall be resolved in good faith through amicable consultation. Such consultation shall begin immediately after one party has delivered to the other party a written request for such consultation stating specifically the nature of the dispute, controversy, or claim. If the dispute is not resolved within 30 days following the date on which such notice is sent, the dispute, upon the request of any party with written notice to the other party, shall be submitted for binding arbitration to the American Arbitration Association, to be conducted in accordance with its Commercial Arbitration Rules by a single arbitrator. The arbitration shall be conducted in San Francisco, California and shall be governed by the laws of the State of California. The award shall be accompanied by a reasoned opinion. The arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all of their costs and fees.

For the purpose of this provision, “costs and fees” mean all reasonable expenses of the arbitration, including the arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses, witness fees, and attorneys’ fees.
If any provision of these Terms, including any document referenced herein, is determined to be invalid or unenforceable, the provision shall be deemed to be severable from the remainder of the Terms and shall not cause their invalidity or unenforceability.
These Terms, including the documents referenced herein, contain the entire agreement between you and Coacher with regard to the subject matter herein. It supersedes all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral, or written, or whether established by custom, practice, policy, or precedent, between you and Coacher.
Coacher may assign the rights and obligations under these Terms, in whole or in part, at its sole discretion, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms without Coacher’s prior written consent.
A waiver of a breach of any provision of these Terms shall not operate or be construed as a waiver of any other breach or of a subsequent breach of the same or a different kind.
Coacher may publish additional policies related to specific features or services related to the Platform. Your right to use such features or services shall be subject to those specific policies and these Terms.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Platform to the extent that the scope of such injunctive or other equitable relief is not limited to you and would require Coacher to cease or alter services provided to its customers.
Access to the Platform may be interrupted, suspended, or terminated from time to time due to circumstances beyond the control of Coacher. Coacher shall not be liable for any delay or failure to perform resulting from causes outside its commercially reasonable control, including without limitation any failure to perform hereunder due to a force majeure event, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

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