Terms and Conditions for Coaches

The provider is Yilmaz Atakan Kara, omniOne Fitness, Roedernstr. 13, 12459 Berlin, Germany; contact: support@omniOne.fitness. The service is offered exclusively to business customers within the meaning of section 14 of the German Civil Code (BGB), acting for their independent or commercial activity; it is not offered to consumers. The contracting party is referred to below as the Coach. The platform contract is formed at registration: there the Coach expressly accepts these terms and confirms that they act as a business customer. From that moment the terms also govern the initially free preparation account. A fee arises only with a booked subscription under section 6. Registration does not yet permit Client invitations; the Data Processing Agreement (DPA) must additionally be accepted in the Coach account before the first Client invitation or any processing of Client data. Every acceptance is recorded with document version, language and time; the documents can be saved. Payment setup is a separate step and replaces none of these contract formations. Conflicting or deviating terms of the Coach do not apply unless omniOne expressly agrees to them in text form.

The Coach provides coaching services under their own responsibility and their own agreement with the Client. Invited Clients use the platform as users authorised by the Coach; this does not create a separate platform contract between them and omniOne. Clients are not asked to accept these Coach terms. Clients separately receive usage and privacy information and, where required, the explicit health-data consent for their named Coach.

omniOne provides a digital workspace for organising, delivering, documenting and communicating coaching. This may include managing coaching relationships, structured collection and presentation of information, goals and planning, progress records, messages and files. The agreed essential services and booked tariff govern the scope. Specific service commitments at contract formation or booking and individual agreements remain binding. Examples, illustrations and screenshots on the website illustrate the service; they do not promise permanently identical interfaces or workflows or future individual features. Development follows section 4. No particular health, fitness or business outcomes are owed.

omniOne may develop its interface, technical implementation and features where the agreed purpose and essential services are maintained and the change is reasonable for the Coach. Objective reasons may include security, defect correction, changes in legal requirements or technical development. This clause alone does not authorise a substantial reduction of an agreed service or a change in the contractual purpose. Necessary contract amendments follow section 14. New processing purposes, recipients or legal bases require a separate privacy assessment; this clause does not replace required information or consent.

The Coach provides accurate account and business information, keeps credentials confidential and informs omniOne of suspected misuse. Unlawful content, unauthorised account use and attacks on security or availability are prohibited. The Coach is solely responsible for their coaching activity. In particular, the Coach ensures that

• they hold the qualifications and authorisations required for their activity and respect the boundaries of medical, dietetic and other regulated professions;
• they invite only people whose data they may lawfully use, inform them about their processing and respect their rights; for people who cannot validly consent themselves, in particular minors, they obtain the consent of the legal guardians;
• their training, nutrition and supplement recommendations are lawful, suitable and safe, they make no promises of cures or specific health outcomes, and they advise Clients to consult a physician where indicated, in particular in the case of pre-existing conditions, pregnancy, medication or supplement use;
• they comply with applicable law on health and nutrition claims.

The Coach indemnifies omniOne against third-party claims, in particular claims by their Clients, arising from the Coach's coaching services or content submitted by the Coach, to the extent the Coach is responsible for them; this includes reasonable costs of legal defence. In the event of concrete misuse, omniOne may take necessary and proportionate protective action; where possible, it informs the Coach beforehand about the reason and remedy.

New publicly self-registered Coach accounts receive one free trial of 30 days (30 × 24 hours), starting when the email address is confirmed. No credit card or payment setup is required. The DPA must be accepted before processing Client data. No recurring usage fees are charged during the trial. Signing in again or requesting activation links does not extend it. Existing and administratively created accounts do not automatically receive the trial. Expiry creates neither a paid subscription nor an automatic charge. Paid access can be activated separately and expressly only after expiry; the displayed price and billing per active Client then apply. Until activation, existing authorized content remains readable until the platform contract ends, while coaching changes and new invitations are restricted. A separately granted billing exemption continues under its own terms. Trial expiry ends neither the platform contract nor coaching relationships and deletes no data.

The price and billing period displayed at booking apply. omniOne currently applies the small-business scheme under section 19 of the German VAT Act (UStG); no VAT is shown or charged. If that scheme ceases to apply, statutory VAT is charged in addition to the agreed price; omniOne announces this in text form at least 30 days in advance where the change is foreseeable in sufficient time; otherwise, omniOne informs the Coach without undue delay after becoming aware of it. This is not a price increase within the meaning of this section. Billing is per billable active Client. A Client counts only after the invitation and required setup are complete, an active, unpaused coaching relationship exists and the account is eligible for normal access. Invited Clients, Clients still onboarding, and paused, ended, disabled or deleted Clients do not count. Payment setup alone creates no charge. With zero billable Clients, no further ongoing usage fee accrues; an existing Stripe subscription is ended accordingly and previously incurred charges or credits are settled. Recurring payments are handled through Stripe; complete payment details are entered there. The Coach grants the authorisation to collect recurring fees through the payment method stored with Stripe separately during payment setup; the displayed price and the authorisation are recorded. Fees are due in advance for the relevant billing period. Changes to the billable quantity are charged or credited proportionately; credits are normally offset against further invoices. Mandatory refund rights remain unaffected.

Price changes for existing bookings require express agreement with the Coach. omniOne may offer new prices, particularly in connection with additional features, an expanded service scope or revised pricing; prices are not contractually linked to changes in omniOne's own costs. The offer is made in text form and states the new price, affected service scope and intended start date. Silence or continued use is not acceptance. Without express acceptance, the previous price and agreed services continue to apply. Agreed ordinary termination rights remain unaffected; rejection alone does not create an additional extraordinary termination right.

For new bookings, the price displayed before conclusion and expressly agreed applies. Additional paid services are charged only on the basis of a separate express booking. Essential services already agreed must not thereby be restricted or charged for again without agreement. A reduction in omniOne's own costs does not create a duty under these terms to reduce agreed prices. The separate VAT provision and mandatory statutory rights remain unaffected.

If payment fails, the Coach is informed and given a displayed payment period. New invitations may be restricted during that period. After expiry, editing may become read-only until payment is resolved; existing content that users are authorised to access remains readable until the platform contract ends. Afterwards, the return and exit arrangements under section 8 and Annex 4 to the DPA and mandatory retrieval and data protection rights apply; unlimited read access in the app is not promised. A pause, failed payment or end of billing does not delete coaching history. The Coach can manage outstanding billing in account settings. Free or discounted offers apply only to the extent expressly promised.

A booked monthly subscription renews for successive months and may be cancelled by the Coach at any time with effect from the end of the current billing period. Cancellation is available through the provided account functions or in text form to support@omniOne.fitness. The Coach may give notice to terminate the platform contract at any time in text form. Where a subscription exists, ordinary termination takes effect at the end of the current billing period; without an existing subscription, it takes effect upon receipt. omniOne may terminate the platform contract in text form with 60 days' notice to the end of a month. For an account without a booked subscription and without an active coaching relationship, omniOne may instead terminate the platform contract in text form with 30 days' notice. The right of both parties to terminate for good cause remains unaffected; good cause exists in particular in the event of serious breaches of section 5. Ending billing, ending individual coaching relationships and terminating the platform contract are distinct actions. On termination of the platform contract, the Coach provides their instruction for the return or deletion of processing data; active coaching relationships must first be ended for technical account deletion. Return and deletion follow section 9 and Annex 4 of the DPA. A self-service export is not part of the service; regular data return, including necessary manual handling, is included at no additional charge. If the service is discontinued entirely, omniOne terminates platform contracts in text form with 60 days' notice to the end of a month, provides the agreed services until the contract ends and enables an orderly exit respecting mandatory transition and data retrieval periods. Prepaid fees for service periods not provided after the contract ends are refunded proportionately.

For the contract term, the Coach receives a non-exclusive, non-transferable right to use the platform for their business coaching purposes and through the intended users. Rights to software and design remain with their respective holders. omniOne receives only the rights to submitted content necessary for the agreed service, particularly storage, technically necessary processing, display and transmission to authorised users. No rights are granted for advertising, selling content or training third-party models. Data protection rights concerning personal data remain unaffected.

The Coach is the controller of their Clients' personal coaching data; omniOne processes it under the DPA. The DPA is accepted separately and, from its acceptance, forms part of the platform contract including its annexes. The Coach must meet information duties and the conditions for processing special categories of personal data. Consent supported within the app does not replace an assessment of the Coach's specific service. The Privacy Policy describes processing for which omniOne is a controller; acknowledging it is not consent to unrestricted processing.

omniOne provides the agreed platform service with reasonable care. No specific availability percentage or recovery time is promised without a separate agreement. Necessary maintenance may temporarily limit availability and will be announced where possible. The platform does not replace medical advice, diagnosis or treatment. The Coach makes professional coaching decisions. Technical displays and calculations must be assessed in the relevant coaching context.

Statutory rights regarding defects remain available. omniOne has unlimited liability for intent and gross negligence, injury to life, body or health, and under mandatory statutory liability rules. For slightly negligent breach of an essential contractual duty, liability is limited to the foreseeable damage typical of the contract; essential duties are those enabling proper contractual performance and on whose fulfilment the Coach may normally rely. Other liability for slight negligence is excluded. Mandatory claims, particularly under Art. 82 GDPR, remain unaffected. omniOne is not the provider of the Coach's coaching services and is not liable for them; omniOne's own breaches remain subject to these rules. The indemnity under section 5 remains unaffected.

Where a party is prevented from performing by an event outside its reasonable control that could not have been averted even with the care owed (such as natural events, official measures, wide-area failures of internet or cloud infrastructure, or attacks that could not be averted despite appropriate, risk-based protective measures), that party is released from the affected obligation for the duration and to the extent of the disruption. The affected party informs the other without undue delay and reasonably limits the effects. If the disruption lasts longer than 30 days, either party may terminate the affected contract in text form. Duties to take reasonable precautions, in particular the measures described in Annex 2 to the DPA, remain in place.

Amendments to these terms are offered in text form with an explanation and proposed effective date. They become effective only by express agreement; silence or continued use is not acceptance. Without express acceptance, the previous terms continue to apply. Agreed ordinary and statutory extraordinary termination rights remain unaffected. Section 6 additionally governs price changes. Purely editorial explanations must not change rights or duties. The DPA's separate information and objection procedure for sub-processors continues to apply.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Berlin is the exclusive place of jurisdiction where the Coach is a merchant, a legal entity under public law or a special fund under public law, or where another legally permissible jurisdiction agreement applies. Individual agreements take precedence (section 305b BGB). If an individual provision is invalid, the remainder of the contract remains effective and statutory law replaces that provision. Amendments and additions to this contract require text form.