terms & conditions
Terms and Conditions
Last updated: 21 May 20261. Introduction
These Terms and Conditions ("Terms") govern your relationship with the theSalesCoach.app website and application (the "Service") operated by Anja El Kabbout ("us", "we", or "our"). Please read these Terms carefully before using the Service.
2. Acceptance of Terms
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.
3. Use of the Service
By using the Service, you agree to:
- Use the Service only for lawful purposes and in accordance with these Terms
- Not use the Service in any way that violates any applicable local, national, or international law or regulation
- Not attempt to gain unauthorised access to any portion of the Service or any other systems or networks connected to the Service
- Not use the Service for any purpose that is unlawful or prohibited by these Terms
- Not reverse engineer, decompile, or attempt to extract the source code or underlying logic of the Service except as expressly permitted by law
4. Intellectual property
The Service and its original content, features, and functionality are and will remain the exclusive property of Anja El Kabbout and its licensors. The Service is protected by copyright, trademark, and other laws of both Germany and foreign countries. Our trademarks and trade dress - including the name "theSalesCoach.app" - may not be used in connection with any product or service without our prior written consent.
5. User accounts
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account on the Service.
You are responsible for safeguarding the password you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
6. Subscription and payment
Some parts of the Service may be billed on a subscription basis. You will be billed in advance on a recurring and periodic basis depending on the type of subscription plan you select. At the end of each billing period, your subscription will automatically renew under the same conditions unless you cancel it or we cancel it.
You may cancel your subscription either through your online account management page or by contacting us. You will not receive a refund for the fees you have already paid for your current subscription period, and you will continue to have access to the Service until the end of your current subscription period unless we terminate earlier for cause.
7. Customer data and data processing
For customer organisations using the Service to manage coaching sessions and related data ("Customer Data"), we act as data processor and the customer organisation acts as data controller within the meaning of the GDPR. Processing of Customer Data is governed by a separate Data Processing Agreement (DPA) entered into between us and the customer organisation. In the event of any conflict between these Terms and the DPA in relation to Customer Data, the DPA prevails.
8. Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Anja El Kabbout, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; or (iv) unauthorised access, use, or alteration of your transmissions or content - whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage. Nothing in these Terms excludes or limits our liability for damages that cannot be excluded or limited under applicable mandatory law.
9. Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance - subject to the mandatory provisions of applicable law.
10. Governing law and jurisdiction
These Terms shall be governed and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions. The place of jurisdiction for all disputes arising out of or in connection with these Terms shall be Bamberg, Germany, to the extent permitted by law. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
11. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
12. Contact us
If you have any questions about these Terms, please contact us:
- Via our contact form
- By post: Anja El Kabbout, Paul-Keller-Ring 5, 96052 Bamberg, Germany