Terms and Conditions

Viva la Coaching Academy – Terms & Conditions (B2B and B2C)

1. General Information

These Terms & Conditions govern the use of the website, online shop, and the League of Rebels Community provided by Viva la Coaching Academy GbR (Rebecca Rutschmann, Eva Sonnenschein), based at Marie-Juchacz-Str. 17, 76137 Karlsruhe, Germany. Transactions on this platform may be conducted on a business-to-business (B2B) or business-to-consumer (B2C) basis, depending on the nature of the purchaser.

For B2B Customers:
All transactions classified as B2B are exclusively for coaches, learning professionals, and businesses. By purchasing any product or service, you confirm that you are acting as a business entity (“Unternehmer”) as defined under § 14 BGB, and agree to abide by these terms.

For B2C Customers:
A consumer (“Verbraucher”) is defined under § 13 BGB as a natural person entering into a legal transaction for purposes predominantly outside their trade, business, or self-employed professional activity. If you are purchasing as a consumer, the provisions outlined in this document for B2C transactions apply.

Determination of Customer Type:
During the purchase process, customers will identify themselves as either B2B or B2C by providing their company name and, for EU customers, a valid VAT number. This information determines the applicable rights, conditions, and terms of use on the Viva la Coaching platform.

If you have any questions, please contact us at support@vivalacoaching.com.

2. Course Purchases & Community Access

For B2B Customers:

Access to courses and the League of Rebels Community requires the purchase of a course, course bundle, or membership. A user account must be created before purchase, and users must be logged in to complete transactions.
Access durations are calculated as follows:
- 6 months = 180 days
- 12 months = 365 days (leap years are not considered)
It is the customer’s responsibility to track their access duration; reminders will not be provided.
Access to courses is non-transferable and tied exclusively to the purchasing account.
Community access is included with course purchases until 2025, after which separate memberships will be required.

For B2C Customers:

Consumers may purchase individual courses or bundles, which grant access to the League of Rebels Community where stated.
The withdrawal period and rights as outlined under Section 3 (B2C only) apply. Access to purchased digital goods is granted immediately upon payment confirmation unless otherwise agreed.
Access durations for courses are calculated in the same manner as for B2B customers (6 months = 180 days, 12 months = 365 days).
Community access may be charged separately as of 2025.

Upon placing an order, a legally binding contract is formed, even if payment does not go through. Confirmation of the order will be sent via email, including all relevant details of the purchased goods and services.

Invoices will be sent out within a maximum of three working days after the order. Working days are Monday to Friday, excluding German public holidays.

In case of tax miscalculation, we reserve the right to either refund the entire order or adjust and refund any unlawfully collected tax.

3. Right of Withdrawal (B2C only)

As a consumer, you have the right to withdraw from this contract within 14 days without providing any reason. The withdrawal period begins:

For services: on the day the contract is concluded.
For digital goods: on the day you receive access to the product.

To exercise your right of withdrawal, you must notify us (Viva la Coaching Academy GbR, Marie-Juchacz-Str. 17, 76137 Karlsruhe, Email: support@vivalacoaching.com) with a clear statement (e.g., email or letter) indicating your decision to withdraw. You may use the sample withdrawal form provided but are not required to do so.

Effects of Withdrawal:

If you withdraw from this contract:

We will refund all payments received from you, including delivery costs (except for additional costs incurred if you chose a more expensive delivery option than the standard method offered).
Refunds will be processed using the same payment method you used for the original transaction, unless explicitly agreed otherwise.
Refunds will be made without undue delay and no later than 14 days from the day we receive notification of your withdrawal.

Exceptions to the Right of Withdrawal:

If you have expressly agreed to the commencement of services or access to digital goods before the end of the withdrawal period and acknowledged that you lose your withdrawal right upon such commencement, you will not be entitled to withdraw once performance begins.

4. No Consumer Rights (B2B only)

For B2B transactions, statutory consumer rights under § 312 BGB, including the right of withdrawal, do not apply. All purchases are final once access to digital products is provided. Refunds or cancellations are not permitted unless otherwise agreed in writing.

5. Use of LearnDash LMS

Courses are delivered via the LearnDash Learning Management System (LMS). While Viva la Coaching Academy is responsible for the content quality, we are not liable for technical issues beyond our control. For technical support, please contact support@vivalacoaching.com.

All courses and community access are provided digitally. No physical products will be delivered.

6. League of Rebels Community Participation

Participation in the League of Rebels Community is governed by community guidelines. Users must ensure that their posts, uploads, or interactions comply with applicable laws and do not infringe on intellectual property rights.

Penalties for Violations:

Temporary or permanent loss of community features.
Suspension or removal from the platform.
Prohibition from purchasing additional courses or memberships.

For more information about reporting inappropriate behavior, refer to the community guidelines.

7. Ownership of Content, Templates, and Avatars

All intellectual property, including course materials, templates, and avatars, remains the property of Viva la Coaching Academy GbR. Unauthorized use is prohibited and may result in legal action.

Special Note for B2C Customers:
You are granted a limited, non-transferable license to use purchased materials for personal use only. Sharing, distributing, or reselling materials is strictly prohibited.

8. GDPR and Data Privacy

Viva la Coaching Academy complies with GDPR regulations. Personal data is collected and processed solely for service delivery purposes. Refer to our Privacy Policy for details on data handling and user rights.

For international customers outside the EU, Viva la Coaching Academy adheres to relevant data protection laws, including the California Consumer Privacy Act (CCPA) for U.S. customers and equivalent local regulations where applicable. Users acknowledge that some data may be shared with third-party platforms to deliver services and accept associated risks.

9. AI Coaching Manifesto

9.1 Purpose of the Manifesto

Viva la Coaching Academy provides an online manifesto for individuals and organizations to sign, demonstrating their support for the initiative.

9.2 Signing the Manifesto

By signing the manifesto, you confirm your agreement with its principles and values.
Signing the manifesto does not constitute a legally binding contract.
To complete the signature process, signees must confirm their signature via email.
By signing, you agree to receive emails related to the manifesto and its updates.

9.3 Display of Signatures

Names of signatories will be displayed within 5 working days unless otherwise specified.
Viva la Coaching Academy is not obliged to display every signature and reserves the right to exclude signatories if:
- The individual or affiliated company does not exemplify the values and principles of the manifesto.
- The signature is deemed inappropriate or misaligned with the manifesto’s purpose.

9.4 Data Processing and Communication

By signing, users consent to the processing of their name and email address for the purpose of maintaining a public list of signatories and sending updates about the manifesto.
If you no longer wish to have your name displayed or receive updates, you can request removal by contacting support@vivalacoaching.com.

10. VAT and Billing

For B2B Customers:

All prices are shown exclusive of taxes such as VAT.
The reverse charge mechanism applies to EU businesses providing a valid VAT ID.
Invoices are issued according to German VAT regulations.
Customers outside the EU are responsible for handling any applicable local taxes.

For B2C Customers:

All prices are shown exclusive of taxes such as VAT.
Local VAT is applied according to EU law, based on the customer’s location.
Invoices are sent out within a maximum of three working days after the order.
Customers outside the EU are responsible for handling any applicable local taxes.

In case of tax miscalculation, we reserve the right to refund the entire order or adjust and refund any unlawfully collected tax.

11. Liability

Viva la Coaching Academy is not liable for:

User-generated content or actions within the community.
Technical failures of third-party platforms.
Outcomes resulting from the application of course content.
Data breaches or unauthorized access outside our control.
Non-compliance with local laws for international customers outside the EU, where customers are responsible for ensuring purchases comply with local regulations.

12. Live Training Cancellation Policy

Viva la Coaching Academy reserves the right to cancel live training sessions due to unforeseen circumstances, including but not limited to private reasons. In such cases, either a recording of a previous training session will be provided, or a new date will be scheduled. Customers do not have the right to demand that the new live training date fits their individual schedules.

13. Amendments to Terms & Conditions

These Terms & Conditions may be updated periodically. Changes will be communicated via the platform, and continued use constitutes acceptance of the updated terms.

14. Jurisdiction and Legal Compliance

Contracts are governed by German law. The place of jurisdiction is Karlsruhe, Germany. While translations are available, the English version is legally binding.

For customers outside the EU, local laws may apply in addition to these Terms & Conditions. Customers are responsible for ensuring compliance with their local regulations.

Contact Information
For inquiries, email us at support@vivalacoaching.com.