Terms & Conditions

Last modified: November 12, 2024

 

1. Acceptance of Terms

This Terms and Conditions of Use (“Agreement”) is a legally binding contract between you (“User,” “you,” or “your”) and CoachX (“CoachX,” “we,” “us,” or “our”). This Agreement, along with any documents or policies expressly incorporated by reference, governs your access to and use of the CoachX website located at https://coachxlifestyle.com, the CoachX-branded coaching platform provided through Everfit, and any other related content, functionality, or services (collectively, the “Services”). The Services are licensed, not sold, to you.

This Agreement applies to all users of the Services, including but not limited to individual trainers, clients, and other visitors. However, if you are a business user (such as a coach or trainer who has entered into a separate agreement with CoachX for the provision of coaching services), this Agreement does not apply to you; your use of the Services is governed by the separate contract you have with CoachX.

THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, INCLUDING A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES, AS IT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SERVICES.

By accessing, downloading, or using the Services, you (a) acknowledge that you have read and understand this Agreement; (b) represent that you are at least 18 years of age or have obtained parental consent; and (c) accept this Agreement and agree that you are legally bound by its terms, including our Privacy Policy. If you do not agree to these terms, do not use the Services, and immediately delete any applications or software provided by CoachX from your devices.

Your continued use of the Services following the posting of any changes to this Agreement signifies your acceptance of those changes. You are responsible for periodically reviewing this Agreement to stay informed of any updates, as the most current version will govern your use of the Services. If you do not agree to the modified terms, you must discontinue your use of the Services.

2. Company Information

CoachX is registered in The Netherlands with the following details:

  • Company Name: CoachX
  • Address: Noordeindseweg 9, 2645AK, Delfgauw, The Netherlands
  • E-mail: info@coachxlifestyle.com
  • KVK Number: 67018815
  • VAT Number: NL003997165B75

3. Client Acknowledgement of Coach’s Terms & Conditions

When clients agree to these Terms & Conditions, they are also agreeing to the specific terms & conditions of their assigned coach. The specific coach terms & conditions are available on the website of the coach. By using our Services, clients acknowledge and accept these terms, thereby creating a binding agreement between the client and their respective coach.

4. Changes to the Agreement

We reserve the right to amend this Agreement at our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Services thereafter. You are responsible for reviewing this Agreement periodically to stay informed of any updates. Your continued use of the Services following the posting of the revised Agreement means that you accept and agree to the changes.

5. Accessing the Services and Account Security

We reserve the right to withdraw or amend the Services without notice. We will not be liable if any part of the Services is unavailable at any time for any reason. You may be required to provide certain registration details or other information to access some parts of the Services. You agree that all information you provide is accurate, current, and complete. You are responsible for maintaining the confidentiality of your account information, including your username and password, and for all activities that occur under your account.

If you believe that your account security has been compromised, you must notify us immediately at info@coachxlifestyle.com. We have the right to disable any user account at our discretion, particularly if we suspect that you have violated any part of this Agreement.

6. Services Provided

CoachX offers a variety of services aimed at empowering personal trainers to build and grow their online coaching businesses. These services include, but are not limited to:

  • Custom-branded websites for personal trainers, hosted on their own domains.
  • Integration into our custom-branded online coaching platform provided through Everfit.
  • Access to the Team Environment of the coaching app Everfit.
  • A dashboard that includes access to a coach community chat, an overview of the payments with clients, and registration for events.
  • Ongoing support, including business registration guidance and technical assistance.
  • Community features, allowing coaches to share workouts, meal plans, and provide mutual support within the CoachX platform.

All services provided by CoachX are subject to this Agreement and any additional terms that may be specified at the time of service provision.

7. Payments Between Clients and Coaches

To ensure transparency and fair practices within CoachX, the following rules apply to payments between clients and coaches:

  • Coaches are not allowed to add clients outside the system of CoachX.
  • Coaches must add clients using the specified link supplied by CoachX.
  • Coaches are prohibited from receiving payments directly from clients outside the CoachX system.
  • Clients subscribed through CoachX are not allowed to be transferred to any other platform during their contract period.
  • Any attempt to circumvent these rules will lead to a permanent ban from CoachX services and a fine of €5000.

8. Coach Website and Domain Ownership

The custom-branded websites and domain names developed by CoachX for coaches are the property of CoachX. Should a coach decide to leave CoachX and wish to take ownership of the website and domain:

  • Coaches must purchase the website and domain from CoachX to gain ownership rights.
  • The purchase price for the total package (website + domain name) made by CoachX is €3500.

9. Prohibition of Competing Businesses

  • Coaches are not allowed to operate another online coaching business alongside their involvement with CoachX.
  • Coaches may not use their CoachX-provided website to acquire customers for any other (online coaching) business.

10. Payments and Billing

All payments for Services are processed through third-party payment providers. By providing your payment information, you authorize us to process payments using this information in accordance with the provider’s terms and privacy policy. CoachX is not responsible for any payment errors or issues caused by these third-party providers.

Our pricing model is based on a revenue-sharing approach where CoachX retains 20% of the revenue earned by each coach from their clients. This allows coaches to gradually grow their income without upfront financial commitments.

Billing and app-related emails will be sent directly from email addresses belonging to CoachX, such as billing@coachxlifestyle.com. We will use your name and company name to keep the communication familiar-looking for your clients.

11. Intellectual Property Rights

The Services and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio) are owned by CoachX, its licensors, or other providers of such material. These are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You are granted a limited, non-transferable, non-exclusive license to use the Services for personal, non-commercial purposes only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

  • Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

  • Modify copies of any materials from the Services.
  • Use any illustrations, photographs, video, or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

All rights not expressly granted are reserved by CoachX.

12. Trademarks

The CoachX name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of CoachX or its affiliates or licensors. You must not use such marks without prior written permission from CoachX. All other names, logos, product and service names, designs, and slogans on this Service are the trademarks of their respective owners.

13. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Services:

  • In any way that violates any applicable national, state, local, or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate CoachX, a CoachX employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm CoachX or users of the Services, or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use of the Services.
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in this Agreement, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.

14. User Contributions

The Services may allow you to post, submit, publish, display, or transmit to other users or other persons content or materials (“User Contributions”). All User Contributions must comply with the content standards set out in this Agreement. Any User Contribution you post will be considered non-confidential and non-proprietary, and by providing any User Contribution, you grant us and our affiliates the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above.
  • All of your User Contributions do and will comply with this Agreement.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not CoachX, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

15. Monitoring and Enforcement

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates this Agreement, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for CoachX.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS COACHX AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

16. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

17. Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services include content provided by third parties, including materials provided by other users and coaches. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by CoachX, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of CoachX. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

18. Disclaimers and Limitation of Liability

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COACHX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COACHX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

TO THE FULLEST EXTENT PERMITTED BY LAW, COACHX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

IN NO EVENT WILL COACHX’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.

19. Indemnification

You agree to defend, indemnify, and hold harmless CoachX, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’ content, services, and products other than as expressly authorized in this Agreement, or your use of any information obtained from the Services.

20. Termination

We reserve the right to terminate or suspend your access to all or part of the Services at our sole discretion, without notice, for conduct that we believe violates this Agreement or is harmful to other users of the Services, us, or third parties, or for any other reason.

Upon termination, your right to use the Services will immediately cease. You are responsible for backing up any data or content that you have contributed to the Services. CoachX is not obligated to retain any of your information after termination.

Sections of this Agreement that by their nature should survive termination shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

21. Governing Law and Jurisdiction

This Agreement and any dispute or claim arising out of, or related to, it, its subject matter, or its formation (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of The Netherlands without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Services shall be instituted exclusively in the courts of The Netherlands. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

22. Entire Agreement

This Agreement, our Privacy Policy, and any other legal notices we have published on the Services constitute the entire agreement between you and CoachX regarding the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.

23. Contact Information

If you have any questions about this Agreement, please contact us at:

CoachX
Noordeindseweg 9, 2645AK, Delfgauw, The Netherlands
Email: info@coachxlifestyle.com