General terms and conditions

These Terms and Conditions ("Terms") apply to all services and products ("Services") provided by us, thx Coaching & Development GmbH ("thankscoach"), via the website https://thankscoach.io and all associated mobile and browser applications (all together "Tool").

Scope

By registering to use our Service or by otherwise using any of the related tools, you agree to be legally bound by these Terms. These Terms apply to all user groups, including but not limited to verified coaches ("Coaches"), qualified employees in a coaching program ("Coachees"), and company representatives ("Clients"), all collectively or individually referred to as "Users". thankscoach reserves the right to modify or amend the provisions contained in these Terms. If we make any updates to these Terms, we will provide reasonable notice to all Users. Users may object to the application of the new terms within this period. If no objection is made, this shall constitute acceptance of the updated version. We shall only recognize terms and conditions of our users that conflict with or deviate from our terms and conditions if we expressly agree to their validity in writing in advance. 

User account, data protection and services

In order to use our services, you must create a user account. You agree to provide all information completely and truthfully. Furthermore, you agree not to make your user data accessible to third parties and accept possible security risks due to unauthorized access by third parties through your own fault.

Our privacy policy applies, which ensures the confidential use and protection of your data and whose validity all users accept with their use.

By opening your user account, you gain access to our services and can use our tools, including the content provided therein. This right of access and use is subject to full compliance with these terms and conditions. We reserve the right to make updates and additions to the content at our own discretion. 

We and our coaches do not provide medical or psychotherapeutic advice. If indicated, coaches are instructed to refer to appropriate experts. 

thankscoach does not owe any specific success, but merely arranges contact with coaches who determine the content of their coaching sessions individually themselves, taking into account applicable coaching guidelines. 

thankscoach is not obliged to provide uninterrupted access to the tools. Temporary interruptions of service due to the usual maintenance work, system-immanent disturbances of the internet at external providers or at external network operators as well as in case of force majeure are possible. Users therefore have no claim to unrestricted and uninterrupted access to the Service.

The limited availability for maintenance of the system takes place during the required maintenance times and during interruptions for offline backups is within reasonable limits in each case. 

thankscoach draws the users' attention to the fact that restrictions or impairments of the services provided may occur which are beyond thankscoach's control. This includes in particular actions of third parties not acting on behalf of thankscoach, technical conditions of the internet which cannot be influenced by thankscoach as well as force majeure. The hardware, software and technical infrastructure used by the users may also have an influence on thankscoach's services. Insofar as such circumstances have an influence on the availability or functionality of the platform, this has no effect on the contractual conformity of the services provided and is to be allocated to the sole sphere of risk of the user. The User shall not be released from his payment obligation by such circumstances. 

Sessions & Dates

On a monthly basis, Coachees are entitled to the specified number of Coaching Sessions ("Contingent"), unless otherwise expressly agreed in writing. The dates are to be mutually agreed upon between Coach and Coachee using the booking function.

Coaching sessions can be cancelled or rescheduled by the client free of charge up to 48 hours before the start. If the coachee cancels or does not show up for a session less than 48 hours before the start without a valid reason, this session is considered to have taken place and will be taken into account accordingly when calculating the remaining contingent. Cancellations at short notice by the coach or sessions for which the coach does not log in within the first 10 minutes are considered "Coach No Shows" and will not be charged.

Appointments can also be cancelled or rescheduled free of charge if it is not possible to hold an appointment due to a failure or limited availability of the tool.

Customers shall name their employees who are to participate in the coaching program promptly, at the latest within 3 months of signing the contract, unless otherwise agreed in writing beforehand. 

In the event of overdue payments, we reserve the right to pause the provision of services until the outstanding liabilities have been settled. This does not release the customer from his obligation to pay. 

Tool use and limitations

As a user, you assume full personal responsibility when using our services, in particular this includes the use of the following functions:

- Video and communication function

- Appointment booking and calendar function

- Activities and learning content

- Ratings and feedback

- Billing function

- User profile

- Assessments and progress

- Interactions with other users and submission of own content

The following restrictions apply to the use of our services: Coaches are available to your coachees via asynchronous communication channels. This usage is reduced to a customary level and cannot be guaranteed beyond that. Usual measure is 30 minutes per coachee per month, excluding transferability.

The following uses are expressly prohibited: 

Passing on your access or content to third parties against payment or free of charge

- Any publication (including social media) of content without the prior express written permission of thankscoach

- Any use for purposes other than those stipulated in the contract

- Any infringement of property rights or copyrights of thankscoach or third parties

- Any use for non-adult users

- Any unlawful, defamatory, fraudulent or unethical conduct or statements

thankscoach reserves the right to pause or completely revoke access to the tool at any time and to take appropriate legal action in the event of a breach of the terms of use, subject to reimbursement of any fees already paid. 

Terms of payment

As payment methods we currently offer payment by invoice. Invoices are payable after due date - usually with sending - without deduction. The due date starts with the sending of the coachee signup form. Invoices and reminders are created automatically, they can be sent to the customer by letter, fax or e-mail.

The service shall be provided at the respective applicable gross final price (net price plus statutory value-added tax). We expressly reserve the right to adjust the respective prices for the products in an appropriate manner, even for existing subscription/update services. This right to adjust prices shall also apply in particular in the event of verifiable increases in production, shipping and labor costs.

The customer is not entitled to withhold payments unless he is entitled to a statutory right of retention from the same contractual relationship. Offsetting is only permitted insofar as the claim being offset is undisputed or has been legally established. Costs for unauthorized return debit notes shall be borne by the customer.

All deliveries are made at the expense of the customer. The actual shipping costs are to be taken from the respective order offer.

Reservation of rights

All rights to the tool (software), contents, the thankscoach website, thankscoach trademarks and the thankscoach logo, also for any adaptations, adaptations and modifications including all exclusive industrial property rights remain with thankscoach. Any use outside of the uses regulated in these terms and conditions requires the express prior consent of thankscoach. Our coaches do not require any further permission if they present themselves as thankscoach coaches in social networks, professional networks and their Internet presence.

User feedback and references

thankscoach regularly asks its users for feedback. This feedback is always voluntary and always confidential. thankscoach reserves the right to use completely anonymised feedback to improve our services and for reporting purposes and to make it available to users with a legitimate interest, in compliance with data protection laws.

Our clients and contractual partners agree to be named by thankscoach as a reference and authorize the use of corresponding logos and company names. If this is not desired, this can be revoked in writing before the start of the contract or subsequently.

Warranty

In principle, the statutory provisions on warranty shall apply, unless these contractual terms and conditions contain deviating agreements.

The use of our services and the tools is at your own risk and thankscoach does not assume any guarantee of quality, warranties or guarantees. In particular, we assume no liability for completeness, accuracy, availability, accessibility, security or reliability of the services.

Sections 536b (knowledge of the tenant of the defect at the time of conclusion of the contract or acceptance), 536c (defects occurring during the rental period; notification of defects by the tenant) of the German Civil Code (BGB) shall apply.

The application of § 536 BGB (rent reduction in the event of material defects and defects of title) is excluded insofar as the defect is not the fault of the Provider. The application of Section 536a (2) of the German Civil Code (Tenant's right of self-remedy) is excluded. The application of Section 536a (1) BGB (Landlord's liability for damages) is also excluded insofar as the standard provides for liability without fault. 

Disclaimer

thankscoach is liable in principle without contractual limitation only for damages of the user: which are based on an intentional or grossly negligent breach of duty by thankscoach or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of thankscoach, from injury to life, body or health, which are based on a negligent breach of duty by thankscoach or an intentional or negligent breach of duty by a legal representative or vicarious agent of thankscoach, as well as in the context of liability in accordance with the provisions of the Product Liability Act, guarantees given to the user or fraudulent misrepresentation on the part of thankscoach.

For damages based on a slightly negligent breach of an essential obligation, the liability of thx Coaching & Development GmbH is limited to the amount of the damage that is foreseeable and typical for the type of business in question. Essential obligations are obligations whose breach endangers the achievement of the purpose of the contract or whose fulfilment enables the proper execution of the contract in the first place and on whose compliance you regularly rely. 

Any further liability of thankscoach is excluded. As far as the liability of thankscoach is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents as well as the coaches. 

The above exclusions and limitations do not change the legal burden of proof. We assume no liability for content and links to websites and content of third parties. 

Indemnity

Users shall indemnify thankscoach against all claims by third parties which are attributable to the fact that the respective user has not complied with these terms and conditions. This also includes the costs of legal defence against alleged claims.

Other

These terms and conditions and the entire legal relationship between users and thankscoach are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of performance and exclusive place of jurisdiction and for all disputes arising from this contract is our registered office. Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the rest of the contract shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision the effects of which come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.