Terms of Services

We look forward to working with you. These are our Terms of Service (aka your agreement with us). They apply whenever you use or access the services and form a legally binding agreement between us.

IF YOU USE, ACCESS, ORDER OR INSTRUCT US TO PROVIDE SERVICES, YOU AGREE TO THE TERMS

IF YOU’RE A CONSUMER – PLEASE SEE SPECIFIC RIGHTS & CLAUSES THAT APPLY TO YOU HERE FOR EXAMPLE: AT ANY TIME WITHIN 14 DAYS OF ENTERING INTO AN AGREEMENT WITH US, YOU HAVE THE RIGHT TO CHANGE YOUR MIND (FOR ANY REASON), CANCEL AND RECEIVE A REFUND FOR ANY CHARGES PAID FOR UNUSED SERVICES (WITH SOME EXCEPTIONS, E.G. FOR DIGITAL DOWNLOADS). MORE INFO HERE.

Updated: 24 June 2025

(1) SUMMARY

.1. We are Alexander Plank Coaching, Germany – Augsburg 86199 – me@alexanderplank.de, and we are the owner or operator of the platform (‘we’, ‘our’, ‘us’).

1.2. You are the person/business (‘you’, ‘your’, ‘yours’) purchasing/using the services.

1.3. Agreement. The ‘agreement’ between you and us (the parties) for the provision of services is made up of ‘the terms’, including the following (as applicable) in order of priority: (i) services specification and terms set out in writing, including via email, order forms, statements of work or on the platform at the point of sign-up or check-out, which refer to these terms; and (ii) these T&Cs (‘these terms’).

1.4. In the agreement: ‘agreed’ means agreed in writing by the parties; ‘writing/written’ includes email; ‘consent’ means prior written consent; ‘team’ means a party’s directors, officers, contractors, subcontractors, consultants and employees; and ‘/’ means and/or.

1.5. The ‘services’ include any or all of the following: the ‘platform’ (aka ‘Sites’ – including our platform, website or app or those of third-party providers we use) and agreed services and ‘deliverables’ (e.g. agreed outputs of services, content and digital products), including via plans (e.g. recurring services such as programmes, memberships or subscriptions).

1.6. (a) You can place an order to purchase services via the platform by following the onscreen prompts and instructions provided. (b) Alternatively, the parties can agree services by email or by executing order forms or statements of work. (c) Our acceptance of your order takes place when we send you an order confirmation email to accept it or when we deliver the services.

1.7. Additional terms. Some of our products and services are supplied subject to separate/additional terms and conditions or agreements.

1.8. We may amend the terms from time to time as per clause 12 (‘Variation’).

1.9. Security. Please keep your account secure. You accept responsibility for all activities on your account.

(2) PAYMENT

2.1. Charges. (a) You agree to pay us the charges (plus applicable sales taxes, e.g. VAT) for services as quoted in writing (‘charges’). (b) Charges for services are due and payable as follows, unless otherwise agreed: in full in advance at the point of purchase or upon confirmation by us that we can provide the services you request, or periodically in advance during your plan, as applicable. (c) We’ll bill/invoice you accordingly.

2.2. Sessions/time allocations. Any sessions or time retained or allocated to you for services that are missed or remain unused don’t carry over or accumulate, and constitute chargeable services provided.

2.3. How to pay. Using the method(s) accepted by us – e.g. electronic bank transfer, or direct debit or credit card payments via Stripe, GoCardless or other similar payment processors that we accept.

2.4. Interest of 8%/annum is charged to you on overdue sums, accruing daily.

2.5. Refunds. (a) We don’t offer any refunds except (i) if we’re required to by law; or (ii) where required based on applicable consumer law (e.g. eligible consumer cancellation during the 14-day cooling off period, or where services were faulty or not as agreed but not resolved by us). (b) Refunds will not be issued for unused services (e.g. time allocations/retainers), missed sessions or sessions that can’t be rescheduled. If you’re a consumer, you have additional rights – please see here.

(3) TERM AND TERMINATION

3.1. Commencement. The terms first take effect and become legally binding on the earlier of the following dates, as applicable: (a) the date you first pay for the services or access/use the platform/services; (b) the date both parties execute the agreement; or (c) another effective date agreed.

3.2. Duration. (a) Unless otherwise agreed, and except in the case of clause 3.2.b, the terms remain in effect and the agreement continues until either party provides the other 30 days’ notice in writing to end it. However, the earliest the agreement can end is after any agreed fixed term or minimum term. (b) If we provide free access to the services after the minimum/fixed term, we have the right to stop providing services or access to any services and/or end the agreement (as applicable) immediately with written notice at any time for any reason (for convenience). (c) Nothing in the terms will restrict our termination or suspension rights under clause 3.3 which has priority.

3.3. We have the right to end the agreement or licence(s) we may grant you, disable your account, or suspend the services or access to the platform, immediately (without affecting our legal rights/remedies) by giving written notice to you, if: (i) you materially (seriously) breach the terms and this cannot be resolved, or if it can be and you don’t do so within 7 days of our request; (ii) you don’t pay us an amount we’re owed for 7 days or more after the payment due date; (iii) you repeatedly breach the terms; or (iv) you stop or threaten to stop all or a substantial part of your business, or face bankruptcy/insolvency.

3.4. When the agreement ends, for any reason, you agree to: (i) promptly pay our outstanding unpaid charges, and any interest and pre-agreed expenses; and (ii) immediately stop using/accessing the services.

3.5. Agreement termination or expiry doesn’t affect your/our rights accrued up to that point.

(4) INTELLECTUAL PROPERTY

4.1. Ownership. We (and our licensors) own all rights to anything we provide as part of the services, including our website/platform and deliverables. This includes patents, copyright, trademarks, design rights, business names, know-how, trade secrets, and other IP, whether registered or not, worldwide.

4.2. Licence to you. As long as you keep up to date with payments due to us, and adhere to the terms, we give you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to: (a) access the parts of the website/platform and deliverables made available to you; and (b) use the deliverables for your internal business purposes or personal/educational use. (c) This licence lasts for the term of the agreement, or after that for as long as we allow.

4.3. Restrictions. Unless we say otherwise, you must not: copy, publish, sell, licence or commercially exploit the website/platform or deliverables in any way.

4.4. Your licence to us. (a) You give us a worldwide, non-exclusive, royalty-free licence to use, copy, and adapt any materials or data you give us, only to provide the services. (b) If you agree, you also let us use your name, image, logo, and testimonials to promote our services.

4.5. You confirm that anything you share with us (e.g. content/data) doesn’t infringe anyone’s rights.

4.6. These IP terms still apply even after the agreement ends.

(5) LIMITATION OF LIABILITY, INDEMNITY AND DISCLAIMERS

If you’re a consumer, you have additional rights – please see here.

5.1. Limitation of liability. (a) References to liability in this clause 5 include every kind of liability arising under or in connection with the agreement, for example liability in contract, tort (including negligence), misrepresentation, restitution, breach of statutory duty, or otherwise. (b) We don’t exclude or limit our liability to you where it would be unlawful to do so.

5.2. Cap on liability. Except in the case of those exceptions, our total aggregate liability to you arising under or in connection with the agreement will be limited to the greater of the following: £25; or 100% of the charges paid and payable under the agreement for the services that gave rise to the claim during the 12 months immediately preceding the date on which the claim arose.

5.3. Exclusions. (1) To the fullest extent permitted by law, and excluding those exceptions, the following types of loss arising out of or in connection with the agreement are wholly excluded by us: indirect or consequential loss; and loss arising as a result of our complying with our legal and regulatory duties.

5.4. DISCLAIMERS. Provisions in this clause 5.4 apply to the fullest extent permitted by law.
(a) The platform and content are provided “as is” and “as available”. We and our affiliates and licensors exclude all conditions, warranties and representations (express, implied or otherwise) with respect to the platform and content, and disclaim all warranties including but not limited to warranties of fitness for purpose and satisfactory quality. We don’t warrant that the platform or content will always be available, uninterrupted, accurate or error-free.
(b) We may update and change the platform or any content or digital products and resources on it (including adding and removing them) from time to time for any reason, without notice to you.
(c) The services (including our website content and digital products) are for general informational purposes only. They do not constitute professional advice (legal, financial, medical, health, regulatory, tax, etc) and should not be relied upon as such, and are not a substitute for such. Any use of information is at your own risk. By purchasing or using our services or digital products, you confirm that you understand and accept this disclaimer. To the fullest extent permitted by law, we disclaim all liability for decisions, actions, or outcomes arising from your use of our services or digital products.
(d) NO GUARANTEE. We don’t guarantee any results or outcome in relation to the services unless agreed.

5.5. INDEMNITY. (a) You shall indemnify us and our team and licensors against all direct liabilities, costs, damages and reasonable direct losses and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with: (i) any claim brought against us or our team or licensors for infringement of a third party’s rights (including any intellectual property rights) arising out of, or in connection with, our receipt/use of anything you share with us; and (ii) your or your team’s breach of clause 4 (‘Intellectual Property’) or breach of applicable law. (b) This clause 5.5 still applies after the agreement ends.

(6) YOUR RESPONSIBILITIES

6.1 To enable us to provide the services you agree to: (a) cooperate with us and act reasonably and in good faith; (b) provide, in a timely manner, accurate and complete information that we need to provide services; (c) obtain and maintain all applicable necessary/required licences, approvals, authorisations, permissions and consents.

6.2 Managing delays. (a) If our ability to perform the services is prevented or delayed by you or your team defaulting on any obligation listed in clause 6.1: (i) we will be entitled to suspend our performance of the relevant services until you’re able to resolve things, and to rely on such to relieve us from our performance.

6.3. General restrictions. You will not: (a) licence, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit the platform; or (b) make the platform available to third parties.

6.4. PLATFORM TERMS OF USE

(a) Use of the platform. If applicable, whenever you use, publish or share content, via the services, or engage other users of the services, you must comply with this clause 6.4.
(b) You confirm that your use of or contributions to the platform complies with these terms of use, and you’ll be liable to us and indemnify us for the failure to comply with the them. This means you will be responsible for any loss or damage we suffer as a result. Any contribution you upload to the platform or send us to publish to the platform will be considered non-confidential, non-privileged and non proprietary. You are solely responsible for securing and backing up your content. You own your content.
(c) Use and prohibition on distribution. Content on the platform is for your personal use and internal business purposes, and may not be distributed without our consent.
(d) Prohibited uses. You may not do anything that in any way that breaches any applicable local, national or international law or regulations; or send, knowingly receive, upload, download, use or re-use any material which does not comply with the participation terms. Don’t misuse the platform. Don’t attack or seek to gain unauthorised access to the platform, systems, computers, databases or servers.
(e) Interactive services. We may from time to time provide interactive services, including: streaming and live virtual events; 1-to-1 and group sessions; video-sharing facilities; chat rooms; bulletin boards; forums; communities or groups or any other interactive service and we expressly exclude our liability for any loss/damage arising from the misuse of interactive services by a user (whether moderated or not).
(f) User-generated content isn’t verified or approved by us, and those users’ views may not reflect ours.
(g) We are not responsible for viruses and you must not introduce them. We don’t guarantee that the platform will be secure or free from bugs or viruses. Use protective software.
(h) Links and third parties. Any content that contains hyperlinks to or mention of any third party provider or products or services is not an endorsement by us of those persons, their products or services or views, or the accuracy or suitability thereof. We’re not responsible for them/their content or otherwise.

(7) DATA/PRIVACY

We’ll process your personal information in accordance with our privacy notice.

(8) EVENTS OUTSIDE OUR CONTROL (FORCE MAJEURE)

If anything beyond our reasonable control occurs that prevents or delays our duties under the terms, we’re not responsible. If something like this does happen, we’ll let you know, and our responsibilities will be paused for its duration. If the disruption lasts more than 60 days, either party can cancel the agreement immediately with written notice, and you agree to pay the agreed charges and expenses or costs we’ve incurred up to the date of cancellation. If you’re a consumer, you have additional rights – please see here.

(9) ASSIGNMENT AND OTHER DEALINGS

(1) The agreement is personal to you, and you will not assign, transfer, subcontract, delegate or deal in any other manner with any of your rights and obligations under the agreement, without our consent. (2) We may do any of those things at any time, without notice or your consent, and we may novate the agreement (to transfer all our rights and obligations under it) at any time to any person with written notice. (3) If we use subcontractors to perform the services instead of us, they will be suitably qualified/skilled, and we will remain responsible for all their acts/omissions.

(10) CONFIDENTIALITY

If you’re a consumer, you have separate rights – please see here. (1) Neither party shall use the other party’s confidential information except (i) to perform its obligations under or in connection with the Agreement; (ii) for the purposes of analysing, evaluating, exploring and/or implementing a commercial and/or contractual arrangement, agreement or discussion between the parties; and (iii) as may be authorised by the other party in writing. (2) Each party agrees to keep information concerning the business, affairs, customers, clients or suppliers of the other party confidential except: (a) when it’s necessary to disclose it to a party’s Team or advisers on a need-to-know basis and so long as said recipients are procured to also comply with this clause 10; or (b) as may be permitted, requested or required by law, regulation, a court of competent jurisdiction or any governmental, judicial or regulatory authority, or (c) to such person authorised in writing by the other party. (3) The obligations in this clause 10 shall not apply to any confidential information which. is or has become publicly known other than through breach of this clause 10; was in possession of the receiving party prior to disclosure by the other party; was received by the receiving party from an independent third party who has full right of disclosure (so far as the receiving party was aware); was independently developed by the receiving party; or was requested or required to be disclosed by law, regulation, a court of competent jurisdiction or any governmental, judicial or regulatory authority.

(11) ENTIRE AGREEMENT

If you’re a business, the agreement and nothing else constitutes the entire agreement between us.

(12) VARIATION

No variation of the agreement by you has any effect unless it is agreed. We may amend the terms from time to time and updates are effective immediately upon written notice to you by email. If any update materially adversely affects your rights and obligations, those changes will be effective no sooner than 30 days after we notify you. If you continue after that, you agree to them.

(13) COUNTERPARTS

If we require the agreement to be signed, it may be executed in counterparts, together constituting one agreement, including via email or by ink or digital/electronic signatures.

(14) NO PARTNERSHIP

The agreement is not intended to (nor will it be deemed to) establish any partnership or joint venture between you and us, constitute any party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other.

(15) SURVIVAL

Every provision of the agreement that expressly or by implication is intended to, will come into or continue in force on or after its termination or expiry.

(16) DISPUTES/LAW/JURISDICTION

In the unlikely event that you’re not happy with our services, you must contact us in the first instance, and we’ll first try to resolve things with you, or we can explore alternative dispute resolution such as mediation, as needed. The agreement and any dispute or claim relating to it will be governed by and construed according to the laws of England and Wales. We both agree that the courts of England and Wales have the authority to settle any dispute or claim. If you’re a consumer, you and us have the right to bring a claim in the country you reside should you or us choose to do so.