Terms of Service

1. Introduction

These Terms of Service (the „Terms") govern your use of the Coachably website and mobile application (the „Service") at coachably.app and in the App Store and Google Play.

The Service is operated by Crux Solutions Paweł Dziennik, registered office at ul. Podłużna 40e/1, 30-239 Kraków, Poland, registered in the Polish Central Registration and Information on Business (CEIDG), VAT ID PL5842716635 (the „Provider", „we"). Contact: support@coachably.app.

2. Definitions

• Coach — an individual or company providing personal-training services who uses the Service to manage their clients.
• Coach's Client — an individual whose data the Coach enters into the Service as part of their training services.
• Account — the Coach's individual access to the Service.
• Subscription — paid recurring access to the features of the Service.
• Consumer — a natural person entering into a transaction with us that is not directly related to their business or professional activity.
• Sole trader treated as a consumer — a natural person entering into a contract directly related to their business activity where that contract is not of a professional character for them (Art. 7aa and Art. 38a of the Polish Consumer Rights Act). Such a person is afforded the consumer rules on withdrawal and on unfair contract terms.

3. Scope of the Service

We provide Coaches with tools to: manage their client base, plan training sessions, build workout templates, log completed sessions, track client progress, and manage payments between the Coach and their clients.

The Service does not provide medical, dietetic, or physiotherapeutic advice. All content created in the Service (training plans, notes, progress data) originates from the Coach, who is solely responsible for it.

The feature for managing payments between the Coach and their Clients is a record-keeping (ledger) tool used by the Coach. We do not intermediate in the flow of funds between the Coach and their Clients.

Technical requirements. Use of the Service requires: a device with internet access, a current version of a browser (Chrome, Safari, Firefox, or Edge) with JavaScript and cookies enabled, an active email account, and — for the mobile app — iOS 15 or later or Android 8 or later.

4. Registration and Account

Creating an Account requires providing accurate information and accepting these Terms. The Coach is responsible for keeping their credentials confidential and notifying us promptly if they suspect unauthorized access.

The Service is available only to adults with full legal capacity.

5. Subscriptions and payments

Subscription pricing is presented in the Service. Subscription payments (Coach to Provider) are processed by Stripe Payments Europe, Ltd. We do not store payment card data. We issue an invoice for each payment, made available in the Service or sent to the email address linked to the Account.

Subscriptions renew automatically until cancelled by the Coach from within the Service. Cancellation takes effect at the end of the current billing period.

Price changes. We will notify the Coach of any change to Subscription pricing at least 14 days in advance, by email to the address linked to the Account. The new price applies from the next billing period; until then the Coach may cancel the Subscription if they do not accept the change.

Right of withdrawal (consumers and sole traders treated as consumers). Such a person entering into a distance contract may withdraw within 14 days without cause. This right lapses where, cumulatively: (a) they expressly requested that performance of the digital service begin before the withdrawal period expired, (b) they acknowledged that they would thereby lose the right of withdrawal, and (c) they received confirmation of the contract on a durable medium (Polish Consumer Rights Act, Art. 38(1)(13), implementing Directives 2011/83/EU and 2019/770). These acknowledgements are captured during checkout.

6. Coach's responsibilities toward their Clients

The Coach is the independent data controller for the personal data of their Clients. The Coach determines the purposes and means of processing that data; we act as the processor within the meaning of Art. 28 GDPR. Acceptance of these Terms constitutes the data processing agreement between the Coach and us on the following terms:

• Subject matter, duration, nature, and purpose. We process the Clients' data solely to provide the services described in Section 3, for the duration of the contract for use of the Service.
• Type of data and categories of data subjects. Clients' identification and contact data, training and progress data, and — to the extent entered by the Coach — health data (Art. 9 GDPR). Categories of data subjects: the Coach's Clients.
• Instructions. We process the data only on the Coach's documented instructions, which include the Coach's use of the Service's features, unless processing is required by law.
• Confidentiality. We ensure that persons authorised to process the data are committed to confidentiality.
• Security. We implement the technical and organisational measures required by Art. 32 GDPR.
• Sub-processing. The Coach gives general authorisation for our use of the sub-processors listed in the Privacy Policy. We will inform the Coach of intended changes to our sub-processors, giving an opportunity to object, and we impose data protection obligations on sub-processors equivalent to those set out here.
• Assistance. Insofar as possible, we assist the Coach in responding to data subject requests and in fulfilling the obligations under Arts. 32–36 GDPR.
• Termination. On termination of the services we delete or return the data to the Coach (at the Coach's choice) and delete existing copies, subject to data we are required by law to retain.
• Audit. We make available to the Coach the information necessary to demonstrate compliance with Art. 28 GDPR and allow for audits on terms agreed between the parties.

The Coach represents that they have a lawful basis to process their Clients' data and that they have fulfilled the information obligation under Art. 13 GDPR before entering such data into the Service. Where the Coach's Client is a minor, the Coach is responsible for obtaining the consent of a legal guardian to the required extent.

7. Prohibited content

You must not upload content that:

• violates applicable law,
• infringes third-party rights,
• is offensive, discriminatory, or incites violence,
• contains malware or other harmful code.

8. Complaints

Complaints may be submitted to support@coachably.app. We will respond within 14 days of receipt.

9. Termination and Account deletion

You may delete your Account at any time from within the Service. Account deletion results in permanent removal of Account data, subject to data that we are required by law to retain (e.g. accounting records).

We may suspend or delete a Coach's Account in the event of a material breach of these Terms, after notifying the Coach and giving them an opportunity to cure the breach.

10. Limitation of liability

We make reasonable efforts to keep the Service available but do not warrant uninterrupted operation. We are not liable for damages arising from technical downtime, data loss caused by force majeure, or misuse of the Service by the Coach.

For Coaches who are not consumers, our aggregate liability is limited to the Subscription fees paid in the 12 months preceding the event giving rise to the claim. This limitation does not apply to consumers or to sole traders treated as consumers, does not exclude or limit our liability for damage caused intentionally (Art. 473 § 2 of the Polish Civil Code), and does not exclude any liability that cannot be excluded or limited under mandatory law.

11. Changes to the Terms

We may amend the Terms for valid reasons (changes in law, new features, security). We will notify Coaches by email at least 14 days before changes take effect.

12. Governing law and disputes

These Terms are governed by Polish law. Disputes between us and a Coach who is not a consumer will be resolved by the court having jurisdiction over our registered office. Consumers may use out-of-court dispute resolution, including the EU ODR platform at ec.europa.eu/consumers/odr. Nothing in these Terms restricts mandatory consumer rights under the law of the consumer's country of residence.

13. Contact

Questions about these Terms can be sent to support@coachably.app.