Terms & Conditions of Use

LAST UPDATED: 23rd May 2023

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

2. Credit

2.1 This document was created using Docular.

3. Copyright notice

3.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4. Permission to use website

4.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website for your own personal and non-commercial use providing that such printing is not systematic or excessive

(d) stream audio and video files from our website using the media player on our website; and

(e) use our website services by means of a web browser, subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3 You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.

4.7 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

5. Misuse of website

5.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(d) probe, scan or test the vulnerability of our website without our permission;

(e) circumvent any authentication or security systems or processes on or relating to our website;

(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h) decrypt or decipher any communications sent by or to our website without our permission;

(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k) use our website except by means of our public interfaces;

(l) violate the directives set out in the robots.txt file for our website;

(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n) do anything that interferes with the normal use of our website.

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

6. Registration and accounts

6.1 To be eligible for an account on our website under this Section 6, you must be resident or situated in the United Kingdom, EEA, United States of America or Canada.

6.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

6.3 You must not allow any other person to use your account to access the website.

6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.5 You must not use any other person's account to access the website, unless you have that person's express permission to do so.

7. User login details

7.1 If you register for an account with our website, you will be asked to choose a user ID and password.

7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3 You must keep your password confidential.

7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential. You may be held liable for any losses arising out of such a failure.

8. Cancellation and suspension of account

8.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

8.2 You may cancel your account on our website using your account control panel on the website.

9. Our rights to publish your content within your CoachSpace account, on your behalf

9.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

9.2 You may edit your content to the extent permitted using the editing functionality made available on our website.

9.3 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, un-publish or edit any or all of your content.

10. Rules about your content

10.1 You warrant and represent that your content will comply with these terms and conditions.

10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property rights;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

11. Limited warranties

11.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date;

(d) that the website or any service on the website will remain available.

11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

12. Limitations and exclusions of liability

12.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) are subject to Section 12.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13. Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

14. Variation

14.1 We may revise these terms and conditions from time to time.

14.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

15. Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16. Severability

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17. Third party rights

17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

18. Entire agreement

18.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

19. Law and jurisdiction

19.1 These terms and conditions shall be governed by and construed in accordance with the laws of France.

19.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of France.

20. Statutory and regulatory disclosures

20.1 Our TVA number is FR25899667406.

21. Our details

21.1 This website is owned and operated by One Acorn International SARL trading as CoachSpace.ai.

21.2 We are registered in France under registration number 89966740600016, and our registered office is at: CoachSpace.ai, One Acorn International SARL, 49 Avenue du Treuil, Burie, Charente-Maritime, 17770, France.

21.3 Our principal place of business is at: CoachSpace.ai, One Acorn International SARL, 49 Avenue du Treuil, Burie, Charente-Maritime, 17770, France.

21.4 You can contact us:

(a) by post, to the postal address given above;

(b) using our website contact form;

Purchase Terms

and

Terms of Service Agreement

INTRODUCTION

This Terms and Conditions Agreement (this “Agreement”) sets out how you we will provide our Products to you. Please read them carefully.

Reference to Products means our full offering of products and services as advertised for purchase on coachspace.ai

Our Privacy Statement Privacy is set out in a separate page and confirms how we handle, maintain and use your data. Our Privacy Policy, Cookies Policy, Terms & Conditions of Use and GDPR Compliance and Data Statement (the “Policies” can all be found on our website. Before you subscribe to our Products you should read all of our Policies as we refer to them within this Agreement and collectively as our “Terms”.

At the point of purchase, you may be asked to click to “Accept Terms” or to confirm, “I accept”. In continuing to make a purchase from our site, you are accepting the Terms in full without variation.

The Terms may change from time and the terms in force will be displayed on this page. If you do not wish to accept the updated Terms, then you must stop using our Products, by continuing to use our services you indicate your agreement to the updated terms.

ABOUT US AND HOW TO CONTACT US

CoachSpace.ai is a trading name of SARL One Acorn International, SIREN 8996674060 based in France. Our principle office at 49 Avenue du Treuil, Burie, Charente-Maitime, 17770, France. Throughout these terms any reference to ‘CoachSpace’, “CoachSpace.ai, ‘we’, ‘our’, ‘us’ is to the company, SARL One Acorn International. You can contact us directly at our office address or via email to: [email protected]

PRODUCT INFORMATION

CoachSpace.ai is a marketing platform designed to support you to manage your business. With various features and options, you should review our product descriptions prior to purchase to ensure that what you are about to purchase meets your needs. The availability and specifics of our offering may vary over time and our website will always show the most up-to-date product information. If you have any questions please reach out to our support team prior to purchase.

FEES & PAYMENTS

When purchasing a Product you agree to pay us for use of the product in accordance with the pricing and payment terms detailed for that Product. Payments will be taken as stipulated in the description for any given Product e.g. a one-time, one-off payment, or a monthly subscription payment.

Where you are subscribed to a monthly or annual subscription your subscription shall renew at the same time each billing cycle (whether monthly or annually). You will be billed in advance of the cycle. It is your responsibility to ensure that your payment card information is kept up-to-date so that payment can be taken.

Should your payment fail, you will receive an automated email notification. Our payment processors will continue to try and take the payment for 14 days following the date on which your original payment fell due. We reserve the right to suspend access and use of your account should a payment not be obtained from your card 14 days after the date the payment was due to be made. In instances where your account has been suspended or an account falls overdue, any scheduled email marketing may be paused until all sums are paid. CoachSpace.ai take no responsibility for any consequences of your account suspension where your payment information has not been properly maintained.

In order to regain access to your account you will be required to settle any outstanding balance on associated with the payment on your account. If payment is not made promptly, your payment for the next billing cycle will accrue and will need to be settled in order to regain access.

Your subscription to our Products will renew automatically at the beginning of each billing cycle unless you have cancelled your subscription.

If you sign up for a free trial or discounted period, and you do not cancel your subscription prior to the end of the free trial period, then you will be charged for a full price subscription on the day the trial ends.

We reserve the right to change the price for your subscription. Prior to changing the price we shall notify you by email. If you do not wish to accept the price change you must cancel your subscription prior to the price change taking effect. If you do not cancel your subscription then you will be taken to have accepted the price change.

ADD-ON SERVICES Coachspace.ai offers various optional add-on services to enhance User experience. These include, but are not limited to, email and SMS services, automated workflows, enhanced security features, Conversation AI, WhatsApp Integration, YEXT Listings Management, and WordPress Integration. Detailed descriptions and benefits of each Service are available on the Coachspace.ai platform.

By using the add-on services ("Services") provided by Coachspace.ai, you ("User") agree to be bound by these terms and conditions ("Terms"). These Terms apply to all users who access or use the Services.

Users may activate any of the Services through their Coachspace.ai account dashboard. Activation of Services indicates User’s acceptance of any additional fees and terms specific to that Service.

Users will incur additional fees for the activation and use of any Services. These fees are in addition to any standard subscription fees.

Fees for Services will be billed monthly, in arrears, and will be invoiced separately.

Payment of all fees is due as per the invoice schedule. Late payments may result in suspension or termination of Services.

CoachSpace.ai utilises third party payment processors (Stripe) to process your payment. We never store your payment information. Your payment information is kept and stored securely through our payment processes. All data is held securely in accordance with our privacy policy.

REFUND RIGHTS & CANCELLATION

We want and expect you to be completely happy with your purchase. If for any reason you have any concerns or cause for complaint, please contact us immediately via email [email protected] so that we can provide additional support and guidance.

We understand that you will want to take a look at the platform and ensure that it will be a good fit for your business. Should you change your mind within the first 14 days following your purchase you can cancel your subscription and get a full refund, as long as you haven’t begun to receive customised support. We are committed and invested in the success of your business when you are using our platform, from the moment you obtain bespoke support and start customising and building out the Product with our support, you will no longer be eligible for a refund if you change your mind.

Should you wish to cancel your subscription after the first 14 days, you may do so at any time. Please email us [email protected]

to request cancellation and we will support you to cancel your subscription from the next billing cycle. Following the first 14 days, should you change your mind and wish to end your subscription, all payments are non-refundable, including any unused portion of your subscription.

If you do decide to cancel your subscription at any point, you will still have access to your Product until the end of the current billing cycle, following which your access to your Product will be revoked. You must ensure that you have copies of any content, including text and images which have been formatted into sales pages or funnels, as once your access has been cancelled you will not be able to gain access to view the Product.

YOUR CONTENT & USER CONTENT

You retain ownership of all content which you add to CoachSpace.ai. “Content” means: images, videos, text copy, audio files, data, information, layouts and design. CoachSpace.ai do not claim any ownership rights over your Content.

Whilst we do not claim any rights over your Content, we require that you have all of the necessary rights and permissions to use the Content within the site. Including where necessary adequate licensing agreements.

We take brand protection seriously. Should we be contacted by a third party with a takedown notice we may suspend your account or parts of it, whilst the circumstances are investigated. At all times we will act in accordance with the direction of relevant government authorities in respect of any allegations connected to your content.

CoachSpace.ai is a technical platform not an educational course or forum. We do not provide coaching, neither do we review, approve or pre-screen content for any reason. We are not responsible to you or any regulatory body for any element of your offering under no circumstances will we approve or check your Content. We do not accept or assume any responsibility to you to monitor your content for inappropriate or unlawful content and we assume no responsibility for any Content which you share.

Notwithstanding the lack of obligation on us to monitor your Content, should we be alerted to any misuse or inappropriate Content being shared by you, we may act to remove or delete any Content at any time.

We are not responsible for any commercial agreements between you and your customers. We do not monitor your service deliverability and have no responsibility to you in this regard.

PRIVACY & SECURITY

When using our platform you agree to do so in accordance with applicable data protection legislation. You are responsible for ensuring that your client’s data is protected in accordance with data protection, security and privacy legislation which may apply differently to different users depending on where they reside. This includes the requirement to ensure that you have valid consent on behalf of your clients for any data storage including the use of cookies or similar technologies. Where required, you must ensure that you have a privacy policy and cookies policy which is compliant with the necessary laws and regulations.

We confirm that we have the necessary systems, policies and procedures in order to protect your Content and unauthorised access or use.

INTELLECTUAL PROPERTY

At all times when using the platform, you are doing so under licence. When you subscribe you are granted a limited, revocable, non-exclusive, non-transferrable license to access and use the Product you purchase in accordance with these terms. We retain ownership in the platform, including the content within it (excluding your own Content).

Your licence to use the platform does not confer any ownership rights to our intellectual property, registered or unregistered, including our trade marks and brand elements.

You are not permitted to alter, modify or change the software or components of the Products to which you are granted access.

DISCLAIMERS & LIMITATIONS OF LIABILITY

We reserve the right to provide our products and services to any customers of our choice. Such customers may represent a competitor in your chosen field or industry and we offer no exclusivity as to access or any liability to you in connection with the use of our platform by your competitors.

We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

In using our services you will be required to create an account and login details. The email address you select for your login should be kept up-to-date and accurate along with all other information you provide to us. You are responsible for the safety of this information and should keep your password private. You are not permitted to share your login information with third parties to utilise the products or services you have purchased from us. We reserve the right to suspend or terminate your use of our services and to take legal action should any of our terms be breached.

In the marketing of certain products or services we may share testimonials or work with affiliates. The results that we share from others are always freely provided and never pre-prepared by us, however, in certain situations commission payment may be made by us to our affiliates in exchange for them promoting our offers.

To the extent permitted by law, the total liability we may owe to you in connection with or arising out of your use of our Products and these terms shall not exceed the total amount you have paid to use any of our Products.

Where you are accessing our platform in your capacity as a consumer, you may have additional rights. Nothing within these terms diminishes your consumer rights.

Notwithstanding any of these terms, we do not intend to exclude or limit our liability to you where it would be unlawful to do so. We do not exclude or limit liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

MANAGEMENT & MAINTENANCE, CHANGES & UPDATES

We are committed to delivering the highest level of service and therefore our Products are subject to change. We make no guarantees as to the availability of any functionality within a Product. Where we plan to remove access to part of a product or service we will, where possible, provide advance notice. However, we retain the right to alter and amend our Products at any time as required.

JURISDICTION AND DISPUTE RESOLUTION

These Terms are governed by the laws of England & Wales. The Courts of England & Wales have exclusive jurisdiction for any matter and proceedings arising out of the use of the platform.