Terms and conditions

Terms of Use

As a user, you expressly agree to these Terms of Use when you use icoach or any other icoach product or service. These Terms of Use also apply to all contracts with icoach. All users of the products and contractors to whom these Terms of Use apply will hereinafter be referred to as "the End User".

Privacy Policy

icoach values the privacy of its end users and therefore maintains a clear privacy policy. More information can be found in icoach's "Privacy Statement".

Use

The use of icoach's products by an end-user is only permitted if the end-user agrees to these Terms of Use and the Privacy Statement. By using one or more of icoach's products, the end-user is deemed to agree to these Terms of Use (and the Privacy Statement). However, icoach reserves the right to prohibit the use of and/or access to its products by any end-user without prior notice or reason, for example by blocking or deleting profiles or by blocking IP addresses of computers as icoach deems appropriate, in its sole discretion.

Profiles are limited to natural persons only. Profiles and groups may be deleted without notice and as a result shall have no recourse against icoach in respect of, but not limited to, lost files or information or other direct or indirect damages.

Objectionable content

Content may not be submitted to the Products and icoach moderates all content and ultimately decides whether or not to post a submission based on the extent to which such content consists of, is related to, or merges with any Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit material; (ii) obscene, libelous, defamatory, offensive, violent, vulgar, abusive, and/or unlawful content; (iii) content that infringes the rights of third parties, including copyrights, trademarks, privacy, publicity rights, or other personal or proprietary rights, or content that is misleading or fraudulent; (iv) content that promotes the use or sale of illegal or controlled substances, tobacco products, ammunition, and/or firearms;

Minimum Age

To use icoach's products, one must be of the valid minimum age in the applicable jurisdiction to enter into a valid and legally binding contract for these products. Persons under this age require the express consent of their parents or legal guardian to agree to these Terms of Use or otherwise enter into a binding contract with icoach. Your access to the Products may be terminated without warning if icoach believes, in its sole discretion, that the foregoing have not been complied with.

Information Offered

Although the information on all icoach websites and the information contained in its products - excluding end-user generated content - is made with great care and accuracy, accuracy, reliability and suitability cannot be guaranteed. Therefore, reliance on the information on icoach websites or the information contained in its products, whether or not originating from icoach, is entirely at the end user's own risk.

No medical advice

The information on icoach websites and in its products is expressly not intended as a substitute for medical care, medical advice or support from professionals within other disciplines. icoach products and services, for example, should never be used for self-diagnosis or treatment of any person's illnesses, ailments and conditions. end-users should immediately consult their physician with any medical questions, complaints and/or symptoms before using or continuing to use icoach products or services.

By accepting these Terms of Use, the end-user expressly acknowledges that icoach cannot be held liable for any defects and/or misinformation in the information offered in its products, services or any of its websites, nor for the possible damages that may result therefrom.

Consult doctor before physical exercise

Physical exercise or following a diet plan may involve health risks, including injury and death. end-users wishing to commence any form of physical exercise or a diet plan using icoach products and services should always consult their doctor and/or dietician before commencing such exercise or plan. end-users who experience pain or become dizzy or short of breath should immediately discontinue physical exercise or their diet plan and contact a doctor for advice.

Intellectual property rights

By accepting these Terms of Use, End User expressly acknowledges that all designs, information, graphics and other content within icoach's products or services are the property of icoach and are protected by relevant intellectual property laws, including but not limited to copyrights, trademark rights, database rights, neighbouring rights, patents and design rights.

icoach grants End User a limited, personal, non-exclusive, non-sublicensable, non-transferable and revocable right to use its products as described in the applicable Summary and Licence Terms (Licence Agreement) for personal purposes and under these Terms of Use.

It is expressly prohibited to copy, reproduce, modify, publish or use the above designs, information, images and other content for direct or indirect commercial purposes unless expressly agreed in writing with icoach.

End User agrees not to take any action that infringes or may reasonably infringe icoach's rights as described herein. To the extent that icoach agrees with a third party to incorporate any of its intellectual property rights in any icoach product or service, End User shall have the same rights, responsibilities and restrictions with respect to such intellectual property rights as those with respect to icoach's intellectual property against End User.

Licensing for shared information

End User grants icoach a perpetual, worldwide, unrestricted, irrevocable, non-exclusive licence without any additional compensation by icoach, including the right to sublicense, for all information, including, but not limited to, text, images, photographs, video and sound files, designs and end-user information, that is uploaded to, shared with or stored within icoach's products or services or otherwise shared by End User with icoach (hereinafter: "the Shared Information") to use, copy, distribute, transmit, perform, modify or use, for commercial or other purposes, through any existing media.

icoach protects the privacy of its end users and acts in accordance with applicable European and US privacy laws and international data security standards. icoach will not sell or otherwise share any of its end users' personal data with third parties for marketing and sales purposes, except in the case of prior written consent of the end user(s) of the data in question. More information can be found in the Privacy Statement linked above.

By accepting these Terms of Use, the end-user warrants that the Shared Information does not infringe any intellectual property, privacy or other rights of third parties, does not violate any applicable law, does not contain pornographic material or otherwise be offensive, does not constitute a threat, libel or defamation, is free of viruses or other code that is or may be harmful to icoach and has no commercial purpose. The end user remains fully responsible and liable for any direct or indirect damage to icoach and third parties resulting from the Shared Information.

End user information and registration

The end-user declares that the information provided, e.g. for registration, is correct and complete and will update this information where possible within icoach's products in case of any changes. Passwords should be stored carefully and should not be shared with third parties.

End User shall not allow third parties to access icoach products or services through its own registered account. If the end-user shares his account access information with third parties, he shall be fully responsible and liable for any direct and indirect damages resulting therefrom.

The end user agrees that icoach will store, process and retain all data provided by the end user, including data provided through the use of the products. More information can be found in the Privacy Statement linked above.

Communications

icoach may send various communication messages to end-users through the products, including update notifications or reminders, emails or other communications. end-users may specify in the settings the extent to which they wish to receive these messages. The end user agrees that icoach may contact the end user about important changes or updates to the products if icoach deems it necessary. Such communications will in principle never contain commercial messages from third parties.

End users can communicate with each other within the products, for example by posting comments or sending messages or having discussions within groups. The end user agrees not to send spam or other communications that are undesirable to the recipient, whether commercial or not, including, but not limited to, threatening, aggressive, obscene, scandalous, abusive, offensive, commercial communications, or communications that violate privacy rights. Any act in violation of these terms and conditions may - as with the other terms and conditions - result in immediate denial of access and use of icoach's products and services and termination of the end-user licence.

icoach is free at any time to remove any end-user communication or other shared information without prior or further notice to the end-user if it is substandard or otherwise deemed inappropriate by icoach.

The following end-user guidelines apply to all communication and contact through icoach's products:

(a) Always keep it fun and positive

b) Treat other users with respect

c) Respect the opinions of others, even if you disagree with them

d) Do not post "off-topic" messages in discussions

e) Do not bother people with irrelevant issues

f) Do not advertise products or services

Third-party information

The Products may contain or refer to Third Party Information, including but not limited to information created by end users, advertisements, banners and/or website links (hereinafter "Third Party Information").

Third Party Information is not and generally cannot be verified in advance by icoach, which means that icoach cannot guarantee its quality and validity. icoach is not responsible or liable for Third Party Information, nor for any direct or indirect damages that may result from it.

Third Parties may connect to icoach via icoach's API or access publicly available data in the Products, which may include personal end-user data published on the Products with the end-user's consent. In addition, third parties may access publicly available and closed personal data via the API if an end user expressly consents. In principle, these Terms of Use and icoach's Privacy Statement do not apply to Third Party Information, unless otherwise described therein. These Third Parties may have different terms and conditions and privacy notices. icoach also reserves the right to invoice end-users for Third Party costs, fees and expenses necessary to provide the products and services to the end-user, including any subsequent changes.

Unlawful information

Following a report of unlawful behaviour, icoach will investigate the presence of unlawful information in one or more of the Products within a reasonable time and take action if possible. Any unlawful communication should be reported directly via email to icoach247app@gmail.com. This report should include at least the following information:

(a) The URL where the allegedly unlawful information can be found.

b) An explicit statement by the reporter that the material is unlawful and why.

(c) If intellectual property rights have been infringed, the reporter should demonstrate that he/she is the rightful owner of those rights and to what extent the information infringes those rights.

(d) If the reporter represents someone else, an authorisation allowing the reporter to act on behalf of the right holder, signed by the right holder.

(e) The reporter's name, e-mail address, postal address and telephone number.

Products paid

The prices of the products stated are in euros or USD, as applicable, and exclusive of sales tax, unless expressly stated otherwise. All prices stated are conditional and subject to change without notice. Please direct any questions regarding licence fees to icoach247app@gmail.com.

Increases in licence fees are calculated automatically on a monthly basis, taking into account the modules selected and other determining information. For example, if the number of coaches applicable to a particular end user changes from 5 to 7, the programme will automatically adjust the licence for the following month. Our systems are not capable of processing licence fee reductions on an automated basis and therefore any factors that would result in a licence fee reduction (e.g. reduction in the number of coaches or locations) must be communicated to us at ondersteuning@icoach.com at least 14 calendar days before any change may take effect. No reduction in the licence fee will result in the licence fee being lower than the amount applicable at the beginning of the then current one-year licence period for the applicable period during that period; provided that such fee, starting with the beginning of the next one-year licence period after the reduction in question, may revert to the amount that existed at the beginning of the previous one-year licence period, depending on the number of coaches, but not less than that. Licence fees due will be collected automatically on a monthly basis within five days before the billing period.

The licence term is for a period of 1 month. After 1 month, your licence will be automatically renewed for successive 1-month periods. Your licence can be terminated at the end of each 1-month period, taking into account a mandatory notice period of one day before the end of this period.

Any termination for any reason shall entitle icoach to demand payment of the full amount due under the applicable licence agreement as if the entire licence period under this agreement had been fully completed.

If an invoice is not paid within 30 days of the due date, icoach shall have the right to immediately increase the total amount due by 10% and increase this amount by a further 5% for each 30-day period that the invoice remains unpaid, or the maximum amount allowed in any country. The end-user is limited to 30 days after issuance of an invoice to object to this or the end-user is deemed to have agreed.

icoach's products and services will be delivered as soon as possible or within the agreed period after payment. icoach reserves the right to restrict access in case of repeated non-payment or delayed payment for any product or service. icoach accepts no liability for any damages if delivery takes place after the agreed period.

Changes to the products

icoach expressly reserves the right to modify, discontinue or change any or all of its products or services, in whole or in part, at any time and for any period, or indefinitely, without or upon prior notice to the end user, whether paid or unpaid. This may also result in the blocking of access to or the loss of part or all of the Shared Information, including the End User's Shared Information. icoach shall not be liable for any direct or indirect damages resulting therefrom. In the event of such modification of the products, for any reason whatsoever, the end-user shall, upon request, be refunded any amounts (already) paid to icoach or its partners on a pro rata basis, at icoach's discretion. For the avoidance of doubt, the end user shall not have the right to interrupt the licence period for any of the products or services; any such action shall be at icoach's sole discretion.

Modification of Terms of Use

icoach reserves the right to amend these Terms of Use at any time. Following such amendment, the amended Terms of Use will be immediately made available for inspection on icoach's website. By using the website and icoach's other products after modification of the Terms of Use, the end user shall be deemed to agree to the modified Terms of Use.

Conformity and exclusion of liability

The products and their content are provided by icoach as is, including any defects. Neither icoach nor its representatives, partners or suppliers make any warranty, express or implied, as to the functionality of the products or services or the contents thereof.

icoach does not warrant that the products or services will be available at any time at any location and that such availability will be secure, that any errors will be resolved, or that the products will be free of viruses or other potentially harmful software or components.

The end user acknowledges that the products may contain possible defects and accepts the risks for any direct or indirect damage that may result from them. icoach shall in no event be held liable by the end user or third parties in the event of any damage resulting directly or indirectly from a defect in its products or services. The liability of icoach is in any case limited to the equivalent of six months of the licence fee paid by the end-user or EURO 2,500.00, whichever amount is lower. The end user cannot terminate any agreement with icoach on the basis of an actual or alleged non-compliance with any condition.

Electronic signature

By using icoach's products or services, the end user shall be deemed to have provided an electronic signature making these Terms of Use applicable.

Application and Competence

These Terms of Use supersede any prior agreements or obligations relating to the matters contained herein.

One or more parts of these Terms of Use may not be applicable in the legal system of application, or may not be enforceable. In such a case, the remaining parts of these Terms of Use will remain valid between End User and icoach.

In the case of end users outside the United States, these Terms of Use shall be governed by Dutch law. All disputes arising herefrom shall be settled exclusively by the competent court in Utrecht, the Netherlands.