Last Updated: October 25, 2024
This CoCoach Terms of Service Agreement (the “Agreement” or “Terms of Service”) is made between Boon ApS (CVR 40053468). (“CoCoach,””we,” “us,” or “our”) and you, our customer (“you” or “your”). CoCoach provides an end-to-end product and services for coaches through our owned-and-operated websites and applications (collectively, the “Services”). This Agreement governs your use of our Services.
1.1. CoCoach has developed a digital platform called CoCoach Platform (the Product). The platform allows for the production and distribution of content such as Personal Coaching, and Group Coaching, and Courses Programs. The Product may also be used also for other purposes, such as a Customer Relationship Management system (CRM system).
1.2. The Partner operates a separate business and is interested in using the Product as a part of the delivery of online services and online coaching for its own Clients. Use of the Product will allow the Partner to distribute and upload self-produced External Material for Clients.
1.3. By entering into this Agreement, CoCoach grants the Partner the right to use the Product for the duration of this Agreement and subject to the terms and conditions set out in this Agreement.
For the purposes of this agreement, the following definitions apply:
“Agreement” means this co-operative agreement including associated appendices regarding the use of the CoCoach Platform (the Product) and the data processing agreement.
“Client” and “Clients” means the customer(s) of the Partner i.e. clients initiating and/or actively participating in a coaching process with the Partner and/or clients ordering specific Programs.
“Data” means the specific Client information added to Product by either the Client or the Partner.
“External Material” means all material uploaded to Product by the Partner intended to be distributed or used by Clients. This includes uploaded material created by the Partner itself outside of Product and may consist of additional plans, guides and the like.
“Online Coaching” means the coaching services provided by the Partner to the Clients.
“Programs” shall mean the files and data which is generated through the Partner’s use of Product and includes workout plans.
“Product” means the digital platform, CoCoach Platform, which is developed with the purpose of generating and distributing workout, habit and meal plans to the Clients and where the Partner has access to a dashboard, the application and any ancillary services as provided by CoCoach from time to time.
“Services” means the services provided by CoCoach to Partner and may include (if agreed upon by the Parties): license rights to use the Product; customization of the platform (for branding purposes) and/or website creation on the behalf of the Partner; and for enterprise costumers access to a Business Development Manager (BDM) at CoCoach.
By creating an account, uploading content, creating new content on the platform, making a purchase, downloading our software, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you”means both the entity and each person who is authorized to access the account.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
This Agreement includes our Privacy Policy and the addenda listed in Section 11 below. Please review our Privacy Policy to learn about the information we collect from you, how we use it, and with whom we share it.
4.1. CoCoach provides the Products specified in the Agreement. The systems that are provided by CoCoach are mainly offered as Software as a Service (SaaS), which are used in a browser or in a mobile application. CoCoach supports the most common and latest versions of browsers and mobile devices. The Partner is responsible for fulfilling the technical requirements that may be required to use the Products.
4.2. The Product is offered to the Partner as it is. At any given time, CoCoach is entitled to change the Products, including the technical requirements and specifications that may be required in order to use the Products, and the Partner is aware that CoCoach develops and adds new and/or changed functionalities on an ongoing basis.
4.3. At any given time, CoCoach is entitled to carry out changes to the content of the Products. At the time of entering into the Agreement the Products and Services delivered by CoCoach includes the following:
4.3.1. Use of the CoCoach client application
4.3.2. Access to the CoCoach dashboard
4.4. Upon entering into this Agreement, the Parties will set up the Product in order for the Clients to sign-up with the Partner directly through the Product. Payments from Client will be made directly into the Product and will be administered and distributed by CoCoach in accordance with clause 7.6 below.
4.5. CoCoach is obligated to maintain, service and operate the Product. CoCoach shall use its best efforts to always keep the Product functional to enable the facilitation, generation and distribution of Programs and External Material and allow for Partner to provide Online Coaching to Clients. In terms of tech support in regards to the event of malfunction, significant incidents will be looked into immediately and fixed as soon as possible. Other malfunctions will be looked into the following business day at 9 AM CET and fixed as soon as possible. CoCoach is entitled to suspend functionality for service and repair activities and will strive to place such suspensions to cause as little disturbance as possible.
Registration: You may create an account to use certain features we offer (e.g., creating client programs). To do so, you must provide an email address. You consent to receive notices from CoCoach at this email address.
Age Requirements: You must be at least 18 years old to create an account. If you are at least the requisite age, but are still a minor in your jurisdiction, you must have your parent or legal guardian’s permission. Please have that person read this Agreement with you and consent to it before proceeding.
Parents and Guardians: By granting your child permission, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s usage. If your child is either under the applicable age or does not have your permission, please contact us immediately so that we can disable access.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
6.1. CoCoach grants the Partner a non-exclusive user right to Product in accordance with the terms of this Agreement. The non-exclusive user right can only be utilized by the Partner, and the Partner is under no circumstances allowed to disclose passwords or the like to third parties or to pass on or sell the right of use to a third party.
6.2. The Product allows for Clients to sign-up to the Partner directly through the Product. For sign-up the Product includes general terms and conditions, which can be adopted by the Partner. The Partner may request for amendments or changes to such general terms and conditions. For the avoidance of doubt, it remains the sole responsibility of the Partner to enter into sufficient agreements with Clients and to provide services to Clients and under no circumstances are CoCoach responsible for Partner’s relationship with the Client.
6.3. The Partner’s use of the Product is at the Partner’s own discretion, insofar as the Partner must always comply with the instructions from CoCoach pertaining to the use of the Product. The Partner assumes all risk in using the Product. It is the sole responsibility of the Partner to market and sell the Product to Clients.
7.1. The Product is protected by copyright and belongs to CoCoach. In all cases, CoCoach retains the full right of ownership and copyright of the Product.
7.2. The Partner is granted a time-limited, non-exclusive, and non-transferable right of use of the Product. The right of use only covers the Partners own use of the Product.
7.3. The Partner is only entitled to share content through the Product. Copying, sharing and storage in addition to this must comply with this Agreement, applicable copyright regulation and any copy licenses. The Partner is not entitled to transfer any media material received to a broader group without a prior written agreement with the media that holds the copyright to the content.
7.4. The Partner is not entitled to make copies in any form of the Product. The Partner is not entitled to distribute, transfer, sub-license, or in any other way make the Product in whole or in part, available to third parties. The Partner is not allowed to use the Product to operate any kind of business in competition with CoCoach.
7.5. The Partner is obliged to ensure that the use of the Product complies with the applicable copyrights in force from time to time.
7.6. CoCoach will keep the Partner informed regarding developments, enhancements, as well as other changes which CoCoach may make to the Product during the duration of the Agreement. Any such developments shall belong to CoCoach, and CoCoach may freely decide upon the terms of which these developments are to be shared with the Partner.
7.7. The Partner is not entitled to change or further develop the Product, or to break or change any security codes in the Product. The Partner shall refrain from any kind of manipulation or misleading of the Product, including using technical means or measures.
7.8. Upon expiry of the Agreement, regardless of the cause, the Partners access to the Product and their content shall immediately cease without further notice.
7.9. If a website is developed for the Partner as part of this Agreement, such a website is and will continue to be the property of CoCoach. Any External Data uploaded on the platform is and will continue to be the property of CoCoach.
7.10. The Partner may under no circumstances, whether it being during the Agreement or after the Agreement has been terminated, utilize the know-how received during the cooperation with CoCoach, including but not limited to the development of, or assistance in the development of, a similar system which in whole or in part constitutes an imitation of the Product.
8.1. CoCoach Service Fee; By using our services you agree to pay the specified fee, which will be charged to your credit card and/or deducted from your balance.
8.1.1. Clients who sign up with the Partner through the Product will pay a fee for joining a Plan and receive Online Coaching, which will be subject to VAT by the Partner. Clients will make the payment directly into the Product.
8.2. Payment obligation As CoCoach administers the payments from Clients, CoCoach is obligated to transfer to the Partner the payment relating to sale of Online Coaching and Programs. Partner is on the other hand obligated to pay CoCoach the agreed fee.
8.3. Terms of payment
Payments are payable within ten (10) business days after a month has ended. Example (CoCoach’ administration of monthly pay-outs to Partner): The Partner sells Programs during January through the Product. CoCoach will then, no later than on the 10th business day of February, send an invoice and a monthly balance to Partner while initiating the payment to the Partner, who will then receive the payment within 1-2 business days depending on the banking solution.
8.4. Payment administration All payments made by Clients go through the third-party payment system Stripe, which is administered by CoCoach. No later than ten (10) business days after month end, CoCoach will provide the Partner with a statement (including an invoice and a monthly balance) informing the Partner of the financial results from the previous month. The payment is paid out to the designated bank account of the Partner.
8.5. Payment fees
Fees associated with online sales are paid for by the Partner. Our payment processing is handled through Stripe, and you can view the current fees here. For transactions involving non-European cards, the Partner will pay a fee based on the transaction amount. For sales made in foreign currencies, Stripe’s current exchange rate will be applied. Please note that payment fees are subject to change according to Stripe’s latest rates.
Fees associated with online sales are paid for by the Partner. Our payment processing is handled through Stripe, and you can view the current fees here. For transactions involving non-European cards, the Partner will pay a fee based on the transaction amount. For sales made in foreign currencies, Stripe’s current exchange rate will be applied. Please note that payment fees are subject to change according to Stripe’s latest rates.
We may allow you to upload, submit, or publish (collectively, to “submit”) content such as videos, recordings, images, and text (collectively, “content”). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section. CoCoach may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. CoCoach may take all appropriate actions to enforce its rights including removing specific videos or suspending or removing your account.
9.1 Copyright Policy
You may only upload content that you have the right to upload and share. Copyright owners may send CoCoach a takedown notice as stated in our Copyright Policy if they believe CoCoach is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
9.2 Content Restrictions
You may not submit any content that:
9.3 Code of Conduct
In using our Services, you may not:
9.4 Prohibited Technical Measures
You will not:
Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
Submit any malicious program, script, or code;
Submit an unreasonable number of requests to our servers; or
Take any other actions to manipulate, interfere with, or damage our Services.
9.5 Restricted Users
You may not create an account if you are a member of a terror or hate group.
As between you and CoCoach, you own and will retain ownership of all intellectual property rights in and to the content you submit. In order to allow CoCoach to host and stream your content, you grant CoCoach the permissions set forth below.
10.1 Your Video Content
By submitting a video, you grant CoCoach permission to:
The license period begins when you submit the video to CoCoach and ends when you or CoCoach delete it; provided that CoCoach may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the video is the subject of a takedown notice or other legal claim; or (c) when CoCoach in good faith believes that it is legally obligated to do so.
10.2 Account Profile
You grant CoCoach permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account.
10.3 Other Content; Feedback
Content that is not covered by the licenses set forth in Sections 10.1 or 10.2 shall be governed by this Section 10.3 (e.g., text you submit in comments). You grant CoCoach a perpetual and irrevocable right and license to copy, transmit, distribute, publicly perform, and display such content through online means in connection with our Services. If you make suggestions to CoCoach on improving or products or services, CoCoach may use your suggestions without any compensation to you.
10.4 Scope of Licenses
All licenses granted by you in this Section 10: (a) are non-exclusive, worldwide, and royalty-free; (b) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and (c) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations. By granting these licenses, you waive any so-called “moral rights” that you may have. Nothing in this Agreement shall be deemed a license “condition” applicable to CoCoach; rather, any breach of a term by CoCoach hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant (e.g., a Creative Commons license).
11.1. Any use of Data is subject to applicable data protection law, in particular the EU General Data Protection Regulation.
11.2. The Parties agree that CoCoach has the role as the Data Processor and that the Partner is the Data Controller.
11.3. If a website is developed for the Partner as part of this Agreement, such a website is and will continue to be the property of the Partner. As such, duties pertaining to the GDPR (as data controller) rests with the Partner with regards to the website and website trac.
11.4. CoCoach may have a legitimate interest in collecting and aggregating data uploaded in Product for statistical, analytical and other business purposes. CoCoach therefore reserves the right to utilize Data to continuously improve the product; to create new business opportunities for the mutual benefit of the Parties according to the Agreement; and to utilize Data in collaboration with a third-party (e.g. with regards to research). A prerequisite for CoCoach’ use of Data is that the Data is irreversibly anonymized by CoCoach.
This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. CoCoach may terminate this Agreement with users at any time by providing thirty (30) days’ written notice, and users may terminate at any time by deleting their accounts.
If you breach this Agreement, CoCoach may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If CoCoach deletes your account for breach, you may not re-register.
In the event of any termination or expiration, the following sections will survive: Section 7.2 (Indemnification), Section 9 (Disclaimers), Section 10 (Limitation of Liability), and Section 11 (General Provisions).
CoCoach PROVIDES THE SERVICES ON AN “AS IS”AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and Internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, CoCoach DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, CoCoach makes no representations or warranties:
That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, or accessible from all devices or browsers;
Concerning any content submitted by our users;
That any geo-filtering or digital rights management solution that we might offer will be effective;
That our Services will meet your business or professional needs;
That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
Concerning any third-party websites and resources.
16.1. The Agreement is subject to Danish law.
16.2. If a provision of this Agreement is or becomes illegal, unenforceable, or invalid, it shall not aect the enforceability or validity of any other provision of this Agreement.
16.3. If a dispute arises between CoCoach and the Partner regarding the interpretation of the Agreement, or any other form of dispute that is based on the content of the Agreement, such conflict shall be resolved by the courts. The jurisdiction of all forms of dispute is, in the first instance, the City Court of Copenhagen, and the parties to the Agreement cannot therefore institute proceedings on the basis of this Agreement in other jurisdictions.
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