Last updated: __ July 2024
1. Applicability
These Terms of Service (also “Terms” or “Agreement”) shall apply when you access or use the website __ (“Site”) of Holistic Coaches OÜ, registry code 16068721, address, Kuldala str 15-23, 75312 Rae rural municipality, Estonia (“Company,” “we,” “us” or “our”) and the services, content and materials made available via the Site or otherwise online, including coaching sessions (collectively, the “Services”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with the Company for products, services, or otherwise.“You” and/or “your” mean the individual or entity who wishes to use our Services.
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending you an email notification, providing notice through the Services or updating the “Last Updated” date at the top of these Terms. Your continued use of the Services following our notice of the amended Terms will confirm your acceptance of the amended Terms. If you do not agree to the amended Terms, you may not continue accessing or using the Services.
All questions or comments about the Services should be directed to __.
2. Access to Services
Any natural person with full active legal capacity and at least 18 years old or any legal person may apply for the Services. In order to access and use the Services, you may be required to register for an account. If you create an account via our Services or otherwise apply for the Services, you agree to: (a) provide accurate, current and complete information; (b) maintain and promptly update your account information to keep it accurate, current and complete; (c) maintain the security of your account and accept all risks of unauthorized access to your account and the information you provide to us; and (d) immediately notify us if you discover or otherwise suspect any security breaches related to your account or the Services. You may not provide any false information, or get involved in the Services for anyone other than yourself, without respective authorization. The representative of a legal person applying for the Services on behalf of the legal person must ensure that they have all the necessary rights and powers to do that.
We reserve the right to refuse to provide you the Services without additional explanation.
In case we find at our sole discretion that you have provided inaccurate or incomplete information or thereafter or you have violated the Agreement,we may temporarily suspend the provision of the Services without refund until the cause for such violation has been eliminated; or if that cannot be eliminated, or you refuse or fail to eliminate it, terminate the Agreement. You agree that we will not be liable for any damages to you or to any third party for termination of the Agreement as a result of any violation of the Agreement by you.
3. Price and payment
The price for any Services will be made available via the Services at time of purchase or on the basis of an invoice issued to you.
Only valid payment methods acceptable to us, or our designated payment processors, may be used to purchase access to our Services. By submitting your order to purchase access to our Services, you represent and warrant that you are authorized to use your designated payment method and authorize us, or our designated payment processors, to charge your purchase to that method. If your payment method cannot be verified or is invalid, your order may be suspended or cancelled automatically. You must resolve any problem we, or our designated payment processors, encounter in order to proceed with your order.
If we are unable to perform the Services or any part thereof within the time specified in the Agreement, you may demand the contractual penalty of 0.01% of the price for each day of delay up to a maximum of 5% of the price. Payment of the contractual penalty shall not relieve us of our obligation to provide the Service to you and other obligations under this Agreement.
If you fail to pay the our’s invoices within the time limits specified in the Invoice, we may claim the contractual penalty of 0.1% of the price for each day of delay, but not more than 10% of the price. Payment of the contractual penalty shall not relieve you of your obligation to pay the Invoice in full and of its other obligations under the Agreement.
In the event that the performance of the Service was not commenced due to the fault of us, we shall be obliged, upon receipt of your request, to repay the received pre-payment within 5 (five) days.
Other than provided above, all sales are final and we do not offer any refunds or cancellations.
If we are unable to perform the Service because you have failed to fulfill your obligations under the Agreement, the period of performance shall be extended in proportion to the period of your delay and we shall retain the full amount of the payment received.
If according to applicable law it is your responsibility to declare, pay or withhold taxes on or from your transactions with us, you agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.
4. Acceptance of the Services
The Services shall be deemed to be provided and accepted by you upon final payment of the invoice or following 10 (ten) business days as of delivery of the Services if no motivated claims are made by you. No specific acceptance and transfer act on the provision of the Service will be signed.

5. Copyright and limited license
Unless otherwise indicated, the Services, including all content, video and other materials on or made available via the Services, are proprietary property of the Company and its licensors and are protected by international copyright laws. Any use, copying, redistribution and/or publication of any part of the Services, other than as authorized by these Terms or expressly authorized in writing by us, is strictly prohibited. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the proprietary property of the Company and may not be copied, imitated or used, in whole or in part, without our prior written permission.
You do not acquire any ownership rights to any content, video and other materials on or made available via the Services, and we reserve all rights not expressly granted in these Terms. You are granted a limited, non-transferable, non-exclusive, revocable right to access and use the Services solely for your own personal purposes; provided, however, that such license is subject to these Terms and does not include the right to: (a) resell, lease, rent or sublicense any Services or any access to the Services or any content, video and other materials on or made available via the Services; (b) copy, distribute, publicly perform or publicly display any Services or any content, video and other materials on or made available via the Services; (c) modify or otherwise make any derivative uses of any Services or any content, video and other materials on or made available via the Services; (d) download (other than page caching) any content, video and other materials on or made available via the Services, except as expressly permitted in connection with the Services; or (e) use the Services or any content, video and other materials on or made available via the Services other than for their intended purposes. Except as explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
Oksana Tsimpoaka and all Courses names, the Company logos, the look and feel of the Services, and any other product or service name, logo or slogan contained in the Services are trademarks, service marks and/or trade dress of the Company or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written authorization of the Company or the applicable trademark holder. Any authorized use of such trademarks, service marks and/or trade dress must be in accordance with any guidelines provided by the Company.
In the event that you violate these Terms in any way, we may terminate your access to any Services, at any time without prior notice.
6. Privacy policy
Please refer to our Privacy Policy published on the Site for information about how the Company collects, uses and discloses information about you.
7. Confidentiality
You acknowledge that certain content, videos and other materials on or made available via the Services constitute the Confidential Information of the Company. “Confidential Information” refers to certain information that is marked as “Confidential” or “Proprietary” that we reasonably regard as proprietary or confidential relating our courses, business, products, processes and techniques, including without limitation information relating to our trade secrets, business plans, strategies, methods and/or practices that is not generally known to the public and is disclosed to you pursuant to your express agreement to maintain the confidentiality of the Confidential Information.
Except as expressly allowed herein, you agree to hold in confidence and not disclose any such Confidential Information except in accordance with this Agreement.
The foregoing obligations shall not apply to the extent that Confidential Information: (i) must be disclosed to comply with any requirement of law or order of a court or administrative body; (ii) is known to or in your or our possession prior to receiving the disclosure of such Confidential Information as documented by notes or records; (iii) is known or generally available to the public through no act or omission of you or us in breach of this Agreement; or (iv) is made available free of any legal restriction by a third party. The duties and requirements under this section shall survive termination of this Agreement. You hereby agree that any unauthorized disclosure of the Company’s Confidential Information may cause immediate and irreparable injury to the Company and that, in the event of such breach, the Company will be entitled, in addition to any other available remedies, to immediate injunctive and other equitable relief, without bond and without the necessity of showing actual monetary damages.
8. User content
‍The Services may include discussion forums, blogs, profiles, or other interactive features or areas (collectively, “Interactive Areas”), in which you or other users create, post, transmit or store any content on the Services, such as text, photos, video or graphics (“User Content”). You agree that you are solely responsible for your User Content and for your use of the Interactive Areas, and that you use the Interactive Areas at your own risk.
By submitting or posting User Content, you grant Company a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content via the Services and any other medium. Further, you acknowledge and agree that the Company may, but is not obligated to, enforce its rights in the User Content against third-party infringers. You represent and warrant that you own and control all of the rights, title and interest in and to any User Content you provide or you otherwise have all necessary rights to grant the rights to Company that you grant in these Terms.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Services any User Content that:

1. is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
2. would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
3. displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to Company or any user;
4. may violate the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual’s consent;
5. makes false or misleading statements, claims or depictions about a person, company, product or service;
6. does not clearly and prominently disclose any material connections you may have to Company or a third-party brand or seller (for example, if you receive free products or services or are a paid blogger or employee of Company or such third-party brand or seller);
7. may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
8. impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
9. contains viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
10. in the sole judgment of Company, restricts or inhibits any other person from using or enjoying the Services or which may expose Company or its users to any harm or liability of any type.

The Company takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the Terms is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by these Terms.
Although the Company has no obligation to screen, edit or monitor any of the User Content posted on the Services, Company reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense.
9. Feedback
Separate and apart from User Content, you may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, about the Services or Company (“Feedback”). Feedback is non-confidential and shall become the sole property of the Company. The Company shall own, and you hereby assign to Company, all right, title and interest, including all intellectual property rights, in and to such Feedback and Company shall be entitled to the unrestricted use and dissemination of any Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by Company (in our sole discretion) to confirm such assignment to, and unrestricted use and dissemination by, Company of any Feedback.
10. User conduct
You agree that you will not use the Services in violation of any law, contract or intellectual property or other third party right. You further agree not to:

1. use the Services in any manner that could damage, disable, overburden or impair the Services;
2. send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Services for the purposes of sending commercial emails;
3. use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
4. introduce to the Services any virus, trojan worms, logic bombs or other harmful material;
5. circumvent measures employed to prevent or limit access to any area, content or feature of the Services;
6. use or attempt to use another’s account, or grant any third party any right to access your account, without authorization from Company;
7. engage in any harassing, intimidating, predatory or stalking conduct;
8. develop any third-party applications that interact with User Content and the Services; or
9. “Frame” our Services or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose without the prior written permission of the Company.

11. Third-party content, advertisements and promotions
The ‍Company may provide third-party content on the Services, including without limitation advertisements and promotional offers, and may provide links to web pages and content of third parties (collectively the “Third-Party Content”). Company does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that the Company is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content.
Your use of any Third-Party Content is at your own risk. The inclusion of Third-Party Content on the Services does not imply affiliation, endorsement or adoption by Company of any Third-Party Content or any information contained therein. Your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
12. Liability, indemnity
You are fully responsible for the due performance of your obligations under the Agreement and must compensate us any and all damages caused by the non-performance or unsatisfactory performance of your obligations.
To the fullest extent permitted by applicable law, you agree to indemnify, hold and defend us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, clients and partners, harmless from any demands, loss, liability, claims or expenses, made against us by any and all third-party claims and liabilities arising out of or related to or in connection with your use of the Services, or your breach of any term of the Agreement. You shall notify us immediately of any matter which could result in any loss, claim, damage, expense or liability subject to indemnification under this section. Such notification will not release you from your indemnification duty. We reserve the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification under this section.
13. Disclaimer of warranty
We do not promise that your use of the Services will provide specific results. We make no warranty that the Services will meet your specific objectives or needs. The Parties agree, and you understand, that we make no allegations as to the emotional, health (medical) or commercial benefits of the Services provided under the Agreement and the use of the information provided as part of the Services. We disclaim any and all liability for the acts, omissions and any conduct of any third parties in connection with or related to your use of the Services.
Any decisions made by you after using or reading the content of the Services are solely at your discretion and we shall not be liable for the consequences of such decisions. Neither we, our affiliates, nor any of our respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the Services or arising out of any action taken in response to or as a result of any materials or other information available on the Services, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise.
If you become dissatisfied in any way with the Services, your sole and exclusive remedy is to stop your use of Services.
14. No third-party beneficiaries
‍These Terms are for the benefit of, and will be enforceable by, the Company and you only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations to any such third party.
15. Modifications to the Services
‍The Company reserves the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that the Company will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
16. Force majeure
You and us shall not be liable for delays or failure to perform under the Agreement which result directly or indirectly from any cause or condition beyond its reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, failure of software, other catastrophe or any other occurrence which is beyond its reasonable control and shall not affect the validity and enforceability of any remaining provisions (force majeure).
The party in default of force majeure shall immediately notify the other party of the occurrence of force majeure, shall make reasonable efforts to remove or overcome the effects of such occurrence or event; and shall resume performance of its obligations hereunder immediately after cessation of such occurrence or event.

17. Duration and Termination
Your Agreement with us becomes effective when you access the Services and shall remain in force until all obligations have been fulfilled by you and us, and all settlements between you and us have been settled.
You may terminate this Agreement due to a material breach of the Agreement by us, in which case we will refund to you the prorated Price associated with the unused portion of the Services.
We terminate the Agreement due to (a) your failure to comply with any applicable laws, directives, rules and/or regulations; (b) your material breach of any other obligation of the Agreement and failure to remedy such breach within a reasonable time granted by us or (c) in other cases specified in the Agreement. In all such cases you will pay us the remuneration to the extent which corresponds to the Services already provided.
A termination notice must be sent by email, sent by you to __ or by email from us to the e-mail address you have previously provided to us
All provisions of the Agreement which by their nature extend beyond the expiration or termination of this Agreement shall survive the termination of this Agreement. Termination of this Agreement will not prejudice any right of action or remedy which may have accrued to you or us prior to termination (as the case may be).
18. Notices
You agree that we may communicate with you electronically any information related to Services. We may also provide notices to you by sending them to an email address that you have previously provided to us at the time of preparing the Invoice. E-mail notices shall be considered received by you within 24 (twenty-four) hours of the time posted or sent.
19. Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its principles and rules on conflict of laws. Any disputes arising out of or in connection with this Agreement are settled by means of negotiations. If an agreement cannot be reached, the dispute will be resolved by the court of the Republic of Estonia, pursuant to procedures prescribed by the regulatory enactments of the Republic of Estonia.
There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between you and us under this Agreement. None of us has the authority to bind each other (including the making of any representation or warranty, the assumption of any obligation or liability and/or the exercise of any right or power), except as expressly provided in this Agreement.
Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any other provision hereof.
This Agreement as amended from time to time according to its terms, constitutes the full and entire understanding and agreement between you and us regarding the subjects hereof and supersedes all prior agreements, arrangements, representations or promises, whether oral or written, as to its subject matter.
Our failure to insist on or enforce strict performance of the terms and conditions of the Agreement shall not be construed as a waiver by us of any provision or any right it has to enforce the Agreement, nor shall any course of conduct between us and you or any other party be deemed to modify any provision of the terms and conditions of the Agreement.
This Agreement, and any rights and obligations hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction, including without limitation to any third party. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of us and you, respective successors and permitted assigns.
A person who is not a party to this Agreement has no right to rely upon or enforce any term of this Agreement.