Coachbetter Terms of Service

Applicability

These terms and conditions (hereinafter “T&Cs”) govern the contractual relationship between coachbetter Ltd., registered in Switzerland (hereinafter “coachbetter”, “we”, “us”, “our”) and the users of its services (“customer” or “user”).

Subject of the Contract

The services (“services”) provided by coachbetter and as such subject to this T&Cs, include the use of the coachbetter web application (accessible under app.coachbetter.com), the coachbetter mobile app (accessible in Google Play and Apple App Store) and the drawing tool moves board (accessible in Google Play and Apple App Store and as web application under https://movesboard.app/). The services provided by coachbetter are especially designed to:

- Support soccer coaches in their daily activities, including but not limited to, the preparation, performance, and analysis of training sessions and matches.

- Provide a direct communication and management tool for the interaction between coaches and players

- Enable club management to oversight team and player development and to push coaching and playing philosophies across all age classes within the organization.

For this purpose, coachbetter offers its users different subscription packages that differ in pricing and extent of functionalities. The prices and functionalities can be adjusted by coachbetter anytime without providing previous notice to the user.

‍Conclusion of the Contract

In order to use the services of coachbetter, it is required to create a user account (registration). Creating a user account, weather with the intention of using the free or the paid services, constitutes the user’s binding offer to conclude a contract. During the registration process, the users are asked to agree to these T&Cs and coachbetter’s privacy policy.

Obligations of the User

When using our paid services, the user is obliged to pay the respective subscription fees for the use of our services.

Subscriptions that are directly closed in the coachbetter platform are automatically debited on a monthly or annual basis, depending on the selected subscription type. It is the obligation of the user to make sure that the credit card details are accurate and sufficient funds are available. If automatic payments fail due to inaccurate credit card details or insufficient funds, the user account will be blocked until the payment could be successfully processed.

Each user is entitled to use a paying subscription free of charge for 14 days as a trial. To access a free trial the user has to provide his/her payment information. The user’s account is only charged if the user has not cancelled the subscription within the 14-day period. The user is solely responsible to cancel the subscription within this 14-day trial period to avoid being charged for the full subscription fee. Coachbetter is not obliged to reimburse customers for delayed subscription cancellations.

Subscription payments that are invoiced (e.g. bank transfer or paypal) have to be paid by the customer within 30 days after the invoice was issued.

The user is not allowed to upload and/or make publicly available copyrighted, trademark protected or otherwise protected third party content, e.g. pictures, videos, animations, texts or drawings via the services provided by coachbetter – unless the third party concerned has expressly agreed to this.

The content uploaded and/or published by users is not checked by coachbetter for legality, accuracy, completeness or expediency. In this respect, the user uploading the content is solely responsible and has to ensure that the content is legal, does not violate applicable laws and does not infringe any third party rights. It is the responsibility of the user to obtain consent from third parties (e.g. players) to enter / upload their personal information to our applications.

Upon becoming aware of any violation of law, such content will be deleted immediately by coachbetter.

Cancellation Right / Cancellation Policy

Customers have the right to cancel the contract concluded between them and coachbetter anytime without giving reasons. The customers can exercise the cancellation right by unsubscribing in the coachbetter platform or by sending an e-mail to info@coachbetter.com.

In the case of a cancellation, coachbetter is not obliged to refund payments already received from the customer (e.g. if a customer cancels a paid annual subscription after six months).

Term and Termination of Contract

The term of the contract between coachbetter and the user is not limited. The user may terminate the contract according to the Cancellation Policy clause. If the subscription fee it automatically charged it is the responsibility of the customer to cancel the subscription before the next annual or monthly payment is processed. Coachbetter is not obliged to refund payments in cases of late subscription cancellations.

If a customer is in violation of any clause outlined in the “Prohibited Use” or “Obligations of the User” clauses, coachbetter is allowed to block the customer and its user accounts with immediate effect.

Upon termination of the account the customer and its users may lose all access to the services and any portions thereof, incl. the data and content.

The above provisions shall not affect the right of both parties to terminate the contract for good cause.

Changing a Subscription

A change of the subscription package (upgrade or downgrade) is possible at any time. In such case, the subscription fee will be adjusted to the new fee in the subsequent billing period (month / year).

In the case of a subscription change, coachbetter is not obliged to refund payments already received from the customer (e.g. if a customer downgrades a paid annual subscription after six months).

Prohibited Use

The customer may use the services only for lawful purposes and in accordance with these Terms and Conditions. The customer agrees not to use the services:

• In any way that violates any applicable federal, state, local or international law or regulations.

• To save or upload data to our services that violate data protection laws, that is illegal or that is in any other form unethical or inappropriate (e.g. bullying, harassment, defamation).

• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of our services, or which, as determined by us, may harm coachbetter or users of the services.

• Use the services in any manner that could disable, overburden, damage or impair the service.

• Use any robot, spider or other automatic device, process or means to access the services for any purpose, including monitoring and copying our digital solutions or any of its material / content.

• Use any manual process to monitor or copy our digital solutions and any of its material / content or for any other unauthorized purpose without our prior written consent.

• Use any device, software or routine that interferes with the proper working of our services, incl. introducing any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Copyright and other Intellectual Property Rights

All content, information, pictures, databases, etc., published on www.coachbetter.com or the services provided by coachbetter, are protected by copyright and/or other intellectual property rights. The use is only allowed within the scope of the contractual use. Any further use, such as copying, distribution or publication, especially for commercial purposes, is expressly prohibited.

Limitation of Liability

Coachbetter will do everything possible to ensure the proper functioning of its website and app at all times. However, an uninterrupted availability cannot be guaranteed. Functionality and availability may be interrupted, for example, by necessary maintenance work, internet-related malfunctions or hacker attacks.

Coachbetter shall be liable for damages caused by intentional or negligent injury to life, body or health. Liability for direct property damage and financial loss culpably caused by coachbetter in the performance of the services is limited to the amount of one annual subscription fee.

In other cases, coachbetter shall be liable only in case of violation of a so-called cardinal duty to the maximum amount of the customer’s annual subscription fee. Cardinal duties are such basic duties which form the essence of the contract, which were decisive for the conclusion of the contract and on the adherence of which the user may rely.

Any more extensive liability of coachbetter is excluded on the merits.

Data Privacy and Protection

Unless otherwise specified, coachbetter and its customers must adhere to the coachbetter Privacy Policy.

Reference

We assume that we are allowed to refer to the present customer relationship in an appropriate form on our website and in publications (e.g. logo placement, reference lists) after the payment of a subscription, limited to the period of use of coachbetter. If the customer does not agree with this, we kindly ask for a corresponding note.

Services for other customers

Coachbetter provides services to a variety of coaches and clubs. Therefore, it is possible that some of our customers may be in direct competition with each other or have interests that conflict. The present business relationship does not prevent or restrict us from providing services to other customers. However, coachbetter has to implement appropriate internal policies and procedures to ensure that the information we receive as a result of providing our services is kept confidential both internally and from other customers.

Amendments of these T&Cs

These T&Cs can be amended by coachbetter at any time without giving reasons. In case of important amendments to the T&Cs, coachbetter will inform the user in time about the amendments. If the user does not object to the validity of the new T&Cs within 14 days after notification, the amended T&Cs are considered accepted by the user. Coachbetter will inform the user in the notification about his/her right of objection and the implication of the objection period.

Choice of Law

The contract shall be governed by the laws of Switzerland.

Severability Clause

Shall any provision of these T&Cs be or become invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions.