Welcome to Coaching4pros my iOS Mobile Applications (my “App”) operated by me, Matthias Alexander Poeppke, Eugenstrasse 12, 70182 Stuttgart, Germany (“I”, “me”, “my”). These Terms and Conditions and End User License Agreement (the “Terms”) constitute a legal agreement between you and me governing the use of my App and its underlying functions and detail the rights and restrictions which apply to the use of my technology.

I license use of my App to you on the basis of these Terms. I do not sell my App to you, and I remain the owner of my App at all times.

1. TERMS AND CONDITIONS
   1. The provisions set out in these Terms govern your access to and your use of my App and its underlying functions and detail the rights and restrictions which apply to the use of my technology and shall constitute a legally binding agreement between me and you. I may change these Terms from time to time and shall notify you accordingly if I do. If you do not agree to these Terms, you must not use my App. 
   2. Subject to you agreeing to abide by these Terms and to the exclusion of all other terms and conditions including any terms and conditions you purport to apply, I hereby grant to you a revocable, non-exclusive and non-transferable license to use my App on these Terms.
   3. I reserve the right to change, modify, suspend, or discontinue any portion of the services, my App or any other products, services, affiliated websites (including social media pages) and/or other software provided by me in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.

1. LICENSE GRANT
   1. My App is only available through accessing (or downloading from) the Apple App Store. 
   2. Your use of my App is also governed by any applicable agreements you have with Apple. 
   3. In the event of a conflict between Apple’s User Agreement from which you acquire my App and these Terms with respect to your use of my App, these Terms will take priority.
   4. So long as you comply with these Terms and, as applicable, Apple’s User Agreement, I grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install my App on the device permitted by Apple’s User Agreement (if applicable), and (ii) access and use my App, including any Content, for your personal purposes leveraging only the functionality of my App. My licensors and I reserve all rights not granted to you in these Terms. 
   5. “Content” means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, and any other content within my App. Content also includes anything generated, created, or that is otherwise developed within my App by any user (including you) as a result of interaction with the functionality of my App. I may, in my sole discretion, remove, edit, or disable any content for any reason.

1. APPLE AND GOOGLE DEVICES LICENSE AGREEMENT

The following terms apply when you use my App obtained from the Apple App Store to access my App: 

1. the License granted to you for my App is limited to a non-transferable License to use my App on a device that utilizes the Apple iOS operating systems and in accordance with the usage rules set forth in Apple’s User Agreement; 
2. I’m responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this License or as otherwise required under applicable law, and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. 
3. you must comply with applicable third-party terms of agreement when using the App, 
4. you acknowledge and agree that Apple is a third-party beneficiary of the terms and conditions in this License, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this License against you as a third-party beneficiary thereof.

1. INTELLECTUAL PROPERTY
   1. All Content included on the App, unless uploaded by you, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is my, my affiliates or other relevant third parties property. By continuing to use the App you acknowledge that such material is protected by applicable German and International intellectual property and other relevant laws.
   2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the App unless otherwise indicated on the App or unless given my express permission to do so.
   3. You acknowledge that you have no right to have access to my App in source code form.
   4. You agree that you will not (and you will not allow any third party to):
      1. copy, modify, adapt, translate or otherwise create derivative works of the App; 
      2. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the App, except as expressly permitted by the law in effect in the jurisdiction in which You are located; 
      3. rent, lease, sell, assign or otherwise transfer rights in or to the App; 
      4. remove any proprietary notices or labels on the App or placed by the service; 
      5. use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the service or the App; or 
      6. use data labeled as belonging to a third party in the service for purposes other than use of the App and service.

1. SCOPE OF SERVICE 
   1. My App is offered on a Freemium basis and in the free version I offer you access to one inner drive assessment. Said assessment will provide you with a variety of questions and upon completion presents you with a score rating and a relevant explanation. Further access to subsequent or repeat assessments are optional and fee-based. 
   2. Before accessing fee-based functionality, you are expressly informed of the obligation to pay, the scope of the services and the payment modalities. After payment through Apple has been made, they can access further assessments and use this extended functionality.

1. REFUND POLICY
   1. We provide digital services, the following apply:
      1. All Sales Are Final. I do not offer refunds under any circumstances.
      2. No Returns or Exchanges. As I provide a digital service, returns and exchanges do not apply. I do not offer any kind of returns or exchanges.
   2. In the unlikely event that you are experiencing or have experienced a technical error, please contact me with details and images of your experience so I can investigate the error and determine if a refund is owed to you. You must submit your request in writing within 7 days of the purchase date. (Requests should be sent using info@coaching4pros.de and include your name, contact information, and a detailed explanation of your reasons for requesting a refund.

1. COOLING OFF (EU USERS)
   1. As an EU User, you have the legal right to cancel your contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the confirmation of the contract.
   2. You expressly agree that I begin to supply you with the content (access to additional assessments) before the end of the 14 day cancellation period referred to in the previous paragraph. You acknowledge that your legal right to cancel this contract as described in the previous paragraph will be lost.

1. CHARGEBACKS

You agree to contact us prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any transaction. If you make a card payment through my website, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at my sole discretion), whether fraudulently or otherwise, then I reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.

1. PROVIDING PERSONAL DATA
   1. These terms and conditions incorporate, and should be read together with, my Privacy Policy. I will only use the personal data you submit in accordance with my Privacy Policy.
   2. You irrevocably and unconditionally represent and warrant that any of your data (including without limitation Service Data as defined in my Privacy Policy) and content (images, texts and descriptions etc.) uploaded and/ or provided to my App complies with my Privacy Policy, with Germany`s Data Protection Act (Bundesdatenschutzgesetz) (“DPA”) and the EU's General Data Protection Regulation (GDPR) and any other applicable laws.
   3. I will only use the Personal Data provided by you for the purposes of carrying out the services, carrying out my obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. I will not otherwise disclose or distribute the Personal Data provided by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority. 

1. TECHNICAL REQUIREMENTS AND RESPONSIBILITY

Users are responsible for ensuring that the technical requirements for access to and use of the respective services are met. This applies in particular to the hardware and operating system software used, the connection to the Internet, the firewall settings (if any) and the current browser software. The User shall carry out necessary and reasonable adjustment measures himself/herself and shall bear the costs for the Internet connection in order to be able to access the services.

1. WARRANTIES
   1. While I make all efforts to maintain the accuracy of the information on my App, I provide the services, App and all related content on an “as is” and “as available” basis, unless otherwise specified in writing. I make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing. 
   2. You acknowledge that no Third Party is authorized to make any statement or representation for and on my behalf. 
   3. To the full extent permissible by law, I disclaim all warranties, express or implied, relating to my App or any services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. I do not warrant that the services, my App, the related content, or electronic communications sent by me are free of viruses or other harmful components. 

1. DATA CHARGES AND MOBILE DEVICES

You are responsible for all data-related charges that you may incur for using my App, including, without limitation, mobile, text-messaging, and data charges. You should understand or ask your service provider what charges you may incur before using my App.

1. TECHNICAL REQUIREMENTS
   1. You acknowledge that it is your responsibility to confirm and determine that the end-user device on which you intend to use my App satisfies the technical specifications required.
   2. I reserve the right to modify the technical specifications as I see appropriate at any time.

1. LIMITATION OF LIABILITY
   1. I'm not liable for the completeness, accuracy or correctness of any information uploaded on my App and any related content. You expressly agree that your use of the services and my App, is at your sole risk. 
   2. You agree not to use the services, my App and the related content for any resale purposes, and I have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the services, my App or any other website or software) for:
      1. loss of profits, sales, business, or revenue;
      2. business interruption;
      3. loss of anticipated savings;
      4. loss or corruption of data or information;
      5. loss of business opportunity, goodwill or reputation; or
      6. any other indirect or consequential loss or damage.
   3. Nothing in these Terms shall limit or exclude my liability for:
      1. death or personal injury resulting from my negligence; 
      2. fraud; and/or
      3. any other matter in respect of which I’m prohibited under applicable law from limiting or excluding my liability.
   4. These Terms set out the full extent of my obligations and liabilities in respect of the supply of the services and my App. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the services and my App which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

1. INDEMNITY

You agree to indemnify and hold me, and my respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of my App, services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise. 

1. OTHER IMPORTANT TERMS
   1. I may transfer my rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms. 
   2. You may only transfer your rights or your obligations under these Terms to another person if I agree in writing.
   3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
   4. These Terms and any document expressly referred to in it constitutes the entire agreement between us.
   5. If I fail to insist that you perform any of your obligations under these Terms, or if I do not enforce my rights against you, or if I delay in doing so, that will not mean that I have waived my rights against you and will not mean that you do not have to comply with those obligations. If I do waive a default by you, I will only do so in writing, and that will not mean that I will automatically waive any later default by you. 
   6. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 
   7. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the laws of Germany. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Baden-Württemberg.