BeCoach operates an interactive platform and mobile applications that assist in building habits and implementing intentions in everyday life.
The following terms and conditions apply to the use of BeCoach products and the BeCoach website, apps, and all other BeCoach services (collectively, the BeCoach Service). The use of the BeCoach Service is free of charge for participants and members in the context of coaching processes, as the coach or the company the employees work in cover the costs for the use of the BeCoach Services.
1. APPLICATION OF THE TERMS AND CONDITIONS
1.1 BeCoach offers the interactive BeCoach platform as well as the mobile applications (apps) on the basis of these terms and conditions. In order to use the full range of products and services of BeCoach, a one-time registration (see section 4, below) and creation of a user account is required. Selected content and functionalities of BeCoach can be viewed by the user without a registration.
1.2 By registering and/or using on the occasion of visiting the BeCoach website, the user explicitly accepts these terms and conditions as well as all further agreements referred to therein, if applicable. Registration and/or use of the full range of products and services is not possible without explicit acceptance of these terms and conditions.
2. SUBJECT
2.1 BeCoach currently offers its users essentially the following applications or information via the BeCoach platform and app:
2.1.1 Personal profile page (designation: profile) with personal data.
2.1.2 Definition of goals, personal strategy, training plans, interventions, coaching and records entered by the user, which will be displayed or managed in the BeCoach Service.
2.1.3 Training and coaching on the data entered and determined by BeCoach.
2.1.4 Statistics, evaluation and comparisons in behavior.
2.1.5 Provision of a coaching tool.
2.1.6 Messaging system, for the exchange of personal messages.
2.2 BeCoach reserves the right to change or discontinue features and components of the BeCoach Service at any time, temporarily or permanently, without notice. BeCoach shall not be liable to the user or any third party for any modification, suspension or discontinuance of any feature or component of the BeCoach Service. BeCoach reserves the right to determine the timing and content of software updates that may be downloaded and installed by BeCoach products, in part automatically and without prior notice to the user you.
Der Nutzer hat bei jedem Newsletter die Gelegenheit sich davon via Abmeldelink im Newsletter, abzumelden. Nach dem opt-out bzw. Abmeldung, wird der Nutzer keine weiteren Newsletter von BeCoach erhalten.
2.3 On the occasion of using the BeCoach service, registered users may receive communications, text messages, messages, calls or emails. The user agrees to receive such communications. The user may opt-out of receiving communications at any time by sending an email to datenschutz@becoach.app . The user is solely responsible for any text messaging or data transfer charges billed to the user by his/her mobile operator.
2.4 Full use of the BeCoach Service is dependent on the use of a computer with appropriate software or a supported mobile device and internet connection by the user. Maintenance and security of this equipment may have an impact on the performance of the BeCoach service.
3. NO MEDICAL CONSULTATION
The health of its users is very important to BeCoach. The BeCoach service is not intended to diagnose, treat, cure or prevent any disease. The BeCoach platforms are not medical applications. If users have health conditions, are under medical treatment or are taking medication, these users should consult their doctor before using the BeCoach service. BeCoach is in no way a substitute for a physician and assumes no responsibility for the actions of the user. All content on the BeCoach platform or in the BeCoach app, is not a supplement or substitute for information from a doctor or pharmacist. By agreeing to these terms and conditions, the user acknowledges that the user is solely responsible for his or her health. If you experience a medical emergency, discontinue use of the BeCoach Service and consult a medical professional. BeCoach cannot accept responsibility for health problems resulting from training programs, counseling sessions, products or events. Use of the BeCoach service should not substitute for good judgment and its common sense.
4. DATA PROTECTION
BeCoach requires the input of personal and person-related data for the offer and the use of the BeCoach service, in particular for the use of the BeCoach apps. The use and processing of this data takes place in compliance with the GDPR. There is no use of this data except for the purpose stated under in these Terms of Use. The BeCoach Privacy Policy must be agreed to when registering to use the BeCoach apps and can also be viewed at any time in the App profile.
5. REGISTRATION
5.1 In order to use the BeCoach offer, a one-time, free registration is required. The use of the BeAssistant app is subject to a fee for coaching persons depending on the selected services, as soon as it goes beyond the free offer (incl. two clients).
5.2 Only persons of unlimited legal capacity are permitted to register with BeCoach. Minors may only register with BeCoach with the express permission of their parents or legal guardians. A written declaration of consent is to be sent by email to datenschutz@becoach.app .
5.3 With the registration the user confirms the knowledge and acceptance of these terms and conditions.
5.4 Each user may only register once with BeCoach and assures with the registration that he/she is not yet a registered user with BeCoach or that he/she has deleted any previously used account.
5.5. Zur Registrierung muss der Nutzer die Daten im Registrierungsformular, z.B. E-Mail, Vorname, und Nachname (optinal in der BeCoach App) vollständig und korrekt angeben, soweit diese nicht als freiwillige Angaben gekennzeichnet sind.
5.6 For registration, the user must provide the data in the registration form, e.g., email, first name, and last name (optional in the BeCoach App) completely and correctly, unless this information is marked as voluntary.
5.7 BeCoach reserves the right to reject users without giving reasons. In this case, the transmitted data will be deleted immediately.
5.8 BeCoach does not guarantee the actual identity of the user, since the identification of persons on the Internet is only partially possible. Each user has to convince himself of the identity of another user before he enters into any kind of interaction with him, e.g. adding him as a friend or sending messages.
5.9 The BeAssistant App includes the functionality that a new user can be invited to the BeCoach app. Registration by inviting a BeAssistant user may only be completed in consultation with the respective future BeCoach user. The future BeCoach user must be informed that his personal data (email address and first name) will be used for the registration.
6. CONTENT PUBLICATION
6.1 Users have the option to post their own content within the scope of using the app in areas accessible for this purpose. The user is solely responsible for this content and retains all rights to the content that is posted and published in the BeCoach service. This content may not violate any rights of third parties or violate applicable laws and regulations. Furthermore, no content may be posted that is likely to insult, defame, harass or otherwise harm other persons. The user indemnifies BeCoach against all claims asserted by other users or other third parties against BeCoach due to the culpable violation of their rights based on the content posted by you in the context of the use of the app.
6.2 BeCoach is not liable for the information posted by users. In case of knowledge of illegal content, this content will be removed immediately.
7. PURPOSE OF USE BECOACH SERVICE; BECOACH CONTENT
7.1 The BeCoach Service is intended for the personal, non-commercial use of the user. BeCoach grants users a limited, non-exclusive, non-transferable and non-sublicensable license to (1) access and view BeCoach Content and (2) access and use the Software and mobile applications made available through the BeCoach Service. This license is granted solely for your personal use and enjoyment of the BeCoach Service subject to these terms and conditions.
7.2 BeCoach content or BeCoach services or parts thereof may not be used outside of the purpose of the agreement, meaning in particular, but not limited to, published or otherwise exploited in any other form, unless expressly permitted in these terms and conditions. Except for the licenses and rights expressly granted in these terms and conditions, no other licenses or rights are granted to users, implied or otherwise, under the intellectual property rights held or controlled by BeCoach or its licensors.
7.3 BeCoach content includes text, graphics, images, musical works, software, audio, video, copyrighted works of any kind, and information or other materials posted, generated, submitted or otherwise made available to you using the BeCoach service. Except for user content, BeCoach content, the BeCoach service and its underlying design and technologies are protected by copyright, trademark, patent, intellectual property and other laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated into or accompanying the BeCoach Service.
7.4 BeCoach respects the copyright and the laws applicable here and expects the same from its users. The BeCoach contents and services are subject to the German copyright and ancillary copyright law. Any exploitation and use of the BeCoach contents, concepts, services not granted by this contract requires the prior written consent of the provider or respective rights holder. This applies in particular to duplication, editing, translation, storage, processing or reproduction of content in databases or other electronic media and systems. The unauthorized reproduction or distribution of individual content or complete pages is not permitted and is punishable by law.
7.5 The BeCoach-user grants BeCoach an irrevocable, gratuitous, non-exclusive but unrestricted right of use to all content generated, transmitted, stored and published by him/her to the extent necessary for the performance of the BeCoach services and as far as it is covered by the purpose.
7.6 To the extent not permitted by applicable law, users shall not, while accessing or using the BeCoach Service, engage in, attempt to engage in, or solicit or assist others in engaging in any of the following activities: (1) use, display, mirror, or frame the BeCoach Service or any element thereof, BeCoach’s name, BeCoach trademarks, logos, or other proprietary information, or the layout and design of any page or form offered through the BeCoach Service, without BeCoach’s express written consent; (2) access or tamper with non-public areas of the BeCoach Service, BeCoach’s computer systems; (3) exploit vulnerabilities of BeCoach’s systems or violate security or authentication measures; (4) use or display the BeCoach Service or any element thereof, BeCoach’s name, BeCoach trademarks, logos, or other proprietary information, or the layout and design of any page or form offered through the BeCoach Service, without BeCoach’s express written consent. authentication measures, (4) circumvent technological measures implemented by BeCoach, BeCoach providers or third parties (including other users) to protect the BeCoach Service or BeCoach Content, (5) access the BeCoach Service or BeCoach Content through the use of mechanisms other than the use of an authorized connection, the BeCoach Service or a BeCoach API, or (6) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to discover the source code of any software that BeCoach provides to you or any other part of the BeCoach Service.
8. MISUSE
8.1 User shall protect its login credentials. The user shall immediately report any unauthorized, improper use or fraudulent use of his account, as well as any suspicion that his account may be exposed to such danger, by email to datenschutz@becoach.app zu melden.
8.2 BeCoach has the right to close or cancel the account of any registered user in case of misuse or fraudulent use of the account.
9. TERMINATION OF USE AND EXCLUSION
9.1 The user is entitled to terminate the use of the online offer of the BeCoach platform at any time by sending a corresponding email to datenschutz@becoach.app . The termination of the use must be confirmed once.
9.2 The user can delete his account in the application himself at any time. The associated data will be irrevocably deleted.
9.3 Furthermore, BeCoach reserves the right to exclude the user from the BeCoach services/the BeCoach platform for good cause, e.g. in case of gross violations of the user obligations.
9.4 At the request of the user, all personal data concerning the user will be permanently deleted. This requires an e-mail with the e-mail address provided during registration and the request for final deletion to datenschutz@becoach.app ..
10. DUTIES AND CODE OF CONDUCT OF THE USER
Each user of the BeCoach-Platform and BeCoach-APP undertakes to provide his registration data truthfully and to keep it up to date and complete, and not to disclose it to any third party only to store, publish, transmit and distribute content, e.g. photos, images, text, representations or videos, which he is authorized to disclose, i.e. i.e. (i) either the user owns the exclusive rights of use or (ii) if the user is not himself the owner of the rights to any content posted by him, he warrants to BeCoach that he has effectively obtained all necessary rights, licenses, consents or the equivalent. This also applies to copyrighted content such as company logos and trademarks. The responsibility for these contents’ rests exclusively with the usernot to store, publish, transmit and distribute any racist, insulting, discriminating, defamatory, sexual, violence glorifying or other illegal contents not to undertake any disturbing interventions with technical or electronic tools into the BeCoach network, especially hacking attempts, brute force attacks, infiltration of viruses/worms/Trojans and other disturbance attempts which affect the soft- and hardware of BeCoach report any detected violations against the above mentioned duties immediately by mail to datenschutz@becoach.app , to handle personal data with care and to grant access to one’s own data only to those persons with whom a close relationship already exists.
11. SANCTIONS IN THE EVENT OF VIOLATIONS OF THE DUTIES BY THE USER
11.1 In order to ensure proper and serious provision of the services, BeCoach will implement the following sanctions in case of violation of the obligations by the user:
– Warning;
-Deletion of content;
-Temporary block of the user;
-Exclusion (permanent block).
11.2 The choice of the sanction depends on the intention, severity or manner of the offense, taking into account the interests of both parties.
11.3 In case of exclusion from the use of BeCoach services according to this section ‘Sanctions in the event of Violation of Duties by the user ‘, the user may not register again.
12. WARRANTY AND LIABILITY
12.1 BeCoach does not warrant that the BeCoach Platform and the BeCoach app are constantly, completely and error-free available, or that the required software and hardware works error-free.
12.2 BeCoach does not guarantee that the data transport via third party systems, especially the internet or telecommunication networks, is not tracked, recorded or falsified by third parties.
12.3 The use of the offer of BeCoach by the user is exclusively at the user’s own risk. This applies without limitation to
12.3.1 the use of the hardware used, including, but not limited to, the respective smartphone,
12.3.2 the downloading of own and third-party content by the user; and
12.3.3 any exploitation by the user of data created by BeCoach or provided by BeCoach, including but not limited to e.g., recommendations for action, e.g. fitness plans and similar. The user expressly acknowledges that such data may be incorrect and BeCoach, to the extent permitted by law, assumes no responsibility for the accuracy of such data.
12.4 Furthermore, BeCoach does not assume any liability for external links, banners or other information and advertising offers that may be placed for the user. Legal transactions that come about between the user and a third-party provider, e.g. via linked pages or banners, lead to contractual relationships exclusively between the user and the third party provider. BeCoach does not assume any warranty for the services of third-party providers.
12.5 The BeCoach Service and BeCoach Content are offered “as is” and thus without any kind of warranty. Without limiting the foregoing, BeCoach expressly disclaims any warranties of merchantability, fitness for a particular purpose, undisturbed use or non-infringement, and any warranties arising from course of dealing or usage of trade. BeCoach does not warrant that the BeCoach Service or BeCoach Content will meet users’ requirements or will be uninterrupted, secure or error-free. BeCoach makes no warranty with respect to the quality, accuracy, timeliness, truthfulness, completeness or reliability of BeCoach Service or BeCoach Content.
13. DISCLAIMER OF LIABILITY, LIMITATION OF LIABILITY
13.1 BeCoach is liable within the framework of the existing legal provisions, regardless of the legal reason, only if damage was caused by BeCoach, grossly negligent or intentionally. In case of slight negligence BeCoach is not liable towards companies and towards consumers only with regard to injury to life, body, health. A liability of BeCoach towards companies for consequential damages, mere financial losses, loss of profit, damages from claims of third parties is excluded.
13.2 With the exception of the cases prescribed by law, neither BeCoach nor the companies affiliated with BeCoach are liable for damages that may arise from the use of content made accessible via the online and mobile offer or other types of use of the online offer. This also applies to damages that may result from errors, problems or data loss.
13.3 BeCoach does not assume any liability for the downloaded material or that material which the user has received as a result of using the service on the BeCoach platform. The user alone is liable for any damage it may cause to his computer system or for the loss of data due to the downloading of any material related to the service from the BeCoach platform.
13.4 BeCoach’s liability is limited in the total liability arising out of or in connection with these Terms or as a consequence of the use or impossibility of use of the BeCoach Service to the damage typically foreseeable under the contract.
14. RELEASE FROM LIABILITY BY THE USER
14.1 The user releases BeCoach from all claims made by third parties against BeCoach due to an violation of their rights by the content posted by the user within the BeCoach network or by the user’s other use of the available applications. The user assumes the costs of a necessary legal defense of BeCoach, including all court and attorney fees in the legal amount. This does not apply if the infringement of rights is not due to any culpable conduct of the user.
14.2 The user is obligated to inform BeCoach immediately, truthfully and completely about all information available to him, which is necessary for an examination of the claims and a defense, in case of a claim by a third party. Further claims for damages of BeCoach against the user remain unaffected.
15. CHANGE OF THE GENERAL TERMS AND CONDITIONS
15.1 BeCoach reserves the right to amend these terms and conditions from time to time, in particular, but not limited to, to comply with legal provisions or requirements, to comply with economic efficiency or to accommodate user interests. The current version of the terms and conditions is available on the BeCoach website and app.
15.2 Changes to these terms and conditions require, with the decided exception of the section subject matter of the contract (clause 2), the consent of the user. As far as BeCoach wants to change the terms and conditions, BeCoach will notify the user as soon as possible. Such notification will be made either (i) to the email address provided upon registration, or (ii) on the relevant page of the BeCoach Platform, or (iii) on any device by means of which the user accesses the services of BeCoach. BeCoach will ask the user to accept the new terms and conditions. Any change to the T&C will become effective within thirty days from the date of publication.
15.3 If the user does not agree to the changed T&C, he cannot continue to use the BeCoach offer.
15.4 If the user continues to use the product and service offer of the BeCoach platform after a change of the T&C or after the notification of the made change, or after the expiration of the thirty days, this is considered as his consent to the changed T&C.
16. OTHER REGULATIONS
16.1 Should individual regulations of these terms and conditions be or become invalid, the remaining terms and conditions remain unaffected.
16.2 The use of the BeCoach Services and this app is governed exclusively by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other international agreements shall not apply.
Last Updated: March 01, 2021
BeCoach is an offer of
BeLabs UG haftungsbeschränkt
Bernstorffstrasse 118
22767 Hamburg
Phone: +49 40 22 8603 22
Email: datenschutz@becoach.app
