END USER TERMS AND CONDITIONS

BACKGROUND:

This agreement applies as between you, the End User of this Website and CAM Solutions Ltd. a company registered in Scotland under registration number SC405805 whose registered office is at 14 South Trinity Road, Edinburgh, Scotland, EH5 3NR trading as Coach Logic, the owner(s) of this Website.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.  

If you the End User are under the legal age of majority/ a child (being legal age an individual is declared or recognised as an adult) in the territory in which the Services are being used, the End User must have the consent of that User or End User’s parent or guardian to use the Services including, but without prejudice to the foregoing, any payment terms and use of any System. We shall have no liability in this regard and you will indemnify us in respect of any liability incurred through your breach of this condition.

Definitions and Interpretation  

In this Agreement the following terms shall have the following meanings:  

“Account”
means collectively the  personal/business information, Payment Information and credentials (user name  and password) used by Users to access the Services;
“Affiliate”
means an entity which  controls, is controlled by, or is under common control with, a Party, and  control means the ability to vote 50% or more of the voting securities of any  entity or otherwise having the ability to influence and direct the polices  and direction of an entity;
“AI System”
means a machine-based system using artificial intelligence or machine learning that can operate autonomously and adapt after deployment, generating outputs such as predictions or decisions;
“Blog(s)”
means a discussion or post or Tweet posted or uploaded  to any System or to a related Social Media Platforms;
“Coach Logic”
means the said CAM Solutions Ltd;
“Confidential Information”
means any information that is proprietary or confidential which either Party directly or indirectly discloses, or makes available, to the other, including but not limited to, the existence and terms of this Agreement, all confidential or proprietary information relating to the business, affairs, operations, processes, product information, know-how, technical information, designs, trade secrets or software and/or Intellectual Property of the Party disclosing such information;
“Content”
means any text, graphics, images, audio, video, software, data compilations including, but not limited to, text, graphics, logos, icons, sound clips, video clips, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on, is uploaded to or forms part of the Subscription Services or the Platform; BUT excluding User Content;
“Database”
means the database stored on the Platform which contains inter alia User Content and Content;
“Documentation”
means User documentation including (but not restricted to) guidelines, instructions and operating manuals (including instructional videos) provided electronically by Us for use with the Services, as periodically updated;
“End User”
any person using a User Site in accordance with the End User Terms;
“EU AI Act”
means the European Union’s Artificial Intelligence Act - Regulation (EU) 2024/1689;
“Feedback”
means all comments, suggestions, requests, requirements, improvements, feedback, or other input you and Users provide regarding any products or services owned or supplied by Coach Logic or Our
“GDPR”
means Regulation (EU) 2016/679;
“GPAI Model”
means a “general-purpose AI model” as defined in the EU AI Act;
“Intellectual Property”
means patents, trademarks, trade name, service mark, copyright, trade secrets, know-how, process, technology, development tool, ideas, concepts, design right, domain names, moral right, database right, methodology, algorithm and invention, graphical user interface, menu command hierarchy and any other proprietary information (whether registered, unregistered, pending or applied for);
“Party”
means either Coach Logic or you as the case may be and “Parties” shall mean both of us:
“Payment Information”
means any details required for the purchase of Services from this Website.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Personal Data”
has the meaning ascribed to it in the Privacy Legislation;
“Platform”
means the hardware and software environment in which the Services  operate, which comprises one or more server computers (whether virtual or  not), mirroring/duplicating/back-up and storage systems and relative hardware operating software, virtual machine software (where relevant), operating system software, database software, anti-virus and security software, switches, power supplies and telecommunications infrastructure;
“Premises”
means Our place(s) of business located at 14 South Trinity Road, Edinburgh, EH5 3NR;
“Privacy Legislation”
means the GDPR (where applicable in relation to the storage retention and processing of EU personal data), the Data Protection Act 2018, the retained EU law version of the GDPR (the “UK GDPR”), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018  the United Kingdom, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner (as amended or replaced from time to time), and all applicable laws and regulations relating to the processing of personal data and privacy whether now or in the future in force;
“Service(s)”
means collectively any online facilities, tools, services or  information that Coach Logic makes available through the Website and the Platform either now or in the future;
“Social Media Platforms”
social media platforms such as (but not limited to) Facebook™, Twitter™, LinkedIn™, Instagram™, Snapchat™, TikTok™, YouTube™, and WhatsApp™;
“System”
means any online communications infrastructure that Coach Logic makes available through the Website and/or the Platform either now or in the future and whether administered by Coach Logic or by a third party. such as  (but not limited to), message boards, live chat facilities and email links to Social Media Platforms;
“User” / “Users”
means you/any third party including End Users that accesses the Website and is not employed by Coach Logic and acting in the course of their employment;
“User Content”
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on, is uploaded to or forms part of a User Site or the Services and has been uploaded by a User or an End User;
“User Site”
means a partition/tenancy/instance on the Platform accessed by a web browser via a sub-domain of the Website created by Coach Logic for you and/or a User or Users accessing the Services which shall contain User Content and shall be hosted on the Platform;
“Website”
means the website that you are currently using (https://www.coach-logic.com/) and any sub-domains of this site (e.g. subdomain.coach-logic.com) unless expressly excluded by their own terms and conditions.
“We/Us/Our”
means Coach Logic;

1. Intellectual Property

1.1 Subject to the exceptions in Clause 2 of these Terms and Conditions, all Content included on the Website, including any material contained within User Sites that is not User Content, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software and the Database is the property of Coach Logic, or Our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international Intellectual Property and other laws.

1.2 You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 3 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given Our express written permission to do so.  Specifically, you agree that:

1.2.1 You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so.

2. User Site Intellectual Property

2.1 The Intellectual Property rights subsisting in the User Content of User Sites belong to the User/End User (as applicable) to which that/those User Site(s) belong(s) unless it is expressly stated otherwise.

2.2 Where expressly indicated, certain Content available through User Sites and the Intellectual Property rights subsisting therein belongs to other parties.

2.3 The Content described in this Clause 2, unless expressly stated to be so, is not covered by any permission granted by Clause 1 of these Terms and Conditions to use Content from the Website.  The exceptions in Clause 3 continue to apply.

2.4 For the avoidance of doubt, the Database shall not be considered User Content.

2.5 For the avoidance of doubt, Coach Logic shall be entitled to review User Content and analyse it to improve and enhance User experience and (2) to perform and/or improve the Services and (3) to obtain relevant marketing, demographic, clinical and other appropriate information from User Content. Coach Logic may use AI Systems to assist it in such analysis. Any statistical and other analysis or outputs from such use of User Content will involve anonymised data and the terms of Clauses  13 and  17 and 18 shall apply at all times. You hereby consent to the foregoing uses of User Content and grant a perpetual, non-exclusive, royalty free, worldwide licence to Coach Logic (with the ability to grant sub-licenses) to use User Content strictly for the foregoing purposes only.

3. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

4. Third Party Intellectual Property

4.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images, films, music and other media and descriptions and designs belong to the manufacturers or distributors of such products as may be applicable.

4.2 Subject to Clause 3 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

5. Links to Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of Coach Logic or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

6. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page and/or the Login page of the Website without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of Coach Logic.  To find out more please contact us by email at info@coach-logic.com or Phone: 07731 945 152.

7. User Sites

7.1 When accessing and using a User Site using the Services; you should do so in accordance with the following rules:

7.1.1 You must not use obscene or vulgar language;

7.1.2 Your User Site may not contain any material that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation in force in the United Kingdom or any other jurisdiction in which your User Site can be lawfully accessed.  This does not extend to material which may be automatically blocked in certain jurisdictions but that is lawful in your home country);

7.1.3 Your User Site may not contain any material that is intended to promote or incite violence or any other unlawful conduct against any group, individual or animal.  This includes, but is not limited to, the provision of instructions on how to assemble weapons of any kind, bombs, grenades or other explosive devices;

7.1.4 Your User Site must be honest and fair, should not make any unsubstantiated or unsupportable claims;  

7.1.5 Your User Site must not be used to sell or offer for sale any item, goods or services;

7.1.6 That Coach Logic determines, in Our sole discretion, is not appropriate for sale through Our Service.

7.1.7 Your User Site may not infringe the Intellectual Property rights of any third party including, but not limited to, copyright, trademarks, patents and designs;

7.1.8 Your User Site may not contain links to other websites containing any of the above types of material;

7.1.9 Your User Site may not contain any material that may contain viruses or other software or instructions that may damage or disrupt other software, computer hardware or communications networks;

7.1.10 Your User Site may not be used for unauthorised mass-communications such as “spam” or “junk mail”;

7.1.11 Your User Site may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the

Service (including, but not limited to, your User Site);

7.1.12 You may not use your User Site to impersonate any person or entity including, but not limited to, any employee, agent or sub-contractor of Coach Logic or any of our affiliates;

7.1.13 You may not use your User Site for phishing purposes;

7.1.14 You may not use your User Site for the purpose of uploading files solely to have them hosted by Coach Logic; and

7.1.15 Your User Site may not contain any material that is adult in nature including, but not limited to, that which is pornographic or otherwise of a sexual nature.

7.1.16 Your User Site must not be used to intimidate, harass or bully any individual.

7.2 Coach Logic does not screen or pre-approve any User Site or User Content submitted for publication (although you acknowledge that Coach Logic may do so if it wishes), however on notification from Users or third parties, We may examine User Sites and such User Sites may be edited and/or taken down.

7.3 Coach Logic may edit your User Site to comply with the provisions of sub-Clause 7.1 without prior consultation.  In cases of severe breaches of the provisions of sub-Clause 7.1 and 7.2, your User Site may be taken down and your Account may be suspended or terminated.  You will not be informed in writing of the reasons for such alterations or take downs.

7.4 By creating and submitting a User Site you warrant and represent that you are the author of the User Content on that User Site or that you have acquired all of the appropriate rights and / or permissions to use it.  We accept no responsibility or liability for any infringement of third party rights by User Sites.

7.5 If the Services include support, then Coach Logic will have administration access to the User Site in order to carry out certain elements of support. The terms of Clause 13 shall apply to Coach Logic’s access to the User Site in relation to such administration access.

7.6 Coach Logic will not be liable in any way or under any circumstances for any loss or damage that you or any other User or End User may incur as a result of your use of such User Sites, or Coach Logic exercising its rights under these Terms and Conditions, nor for any errors or omissions in User Sites.  Use of and reliance upon User Sites is entirely at your own risk.

7.7 You acknowledge that We may retain copies of any and all communications, information, User Content and User Sites sent to Us or submitted for publication.

8. Use of Communications Facilities

8.1 When using any System on the Website you should do so in accordance with the following rules:

8.1.1 You must not use obscene or vulgar language;

8.1.2 You must not submit User Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, User Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

8.1.3 You must not submit User Content that is intended to promote or incite violence;

8.1.4 You must not submit User Content which contains any material that is unlawful or otherwise objectionable (including that which may be in

breach of rules, regulations or legislation in force in the United Kingdom or any other jurisdiction in which your User Content can be lawfully accessed;

8.1.5 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

8.1.6 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

8.1.7 You must not impersonate other people, particularly employees and representatives of Coach Logic or our affiliates; and

8.1.8 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

8.2 You acknowledge that Coach Logic reserves the right to monitor any and all communications made to us or using our System.

8.3 You acknowledge that Coach Logic may retain copies of any and all communications made to us or using our System.

8.4 You acknowledge that any information you post on the Blogs, forums/chat or similar may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

8.5 You agree that you will be solely responsible for your Blog(s) and for any comments you make anywhere on a User Site or this Website or tweeted or retweeted to or posted on any social media site.  Specifically, you agree, represent and warrant that you have the right to use the User Content that you submit and that your Blog(s), posts, or comments comply with Clause 8.1.

8.6 You agree that you automatically grant us a worldwide, perpetual, irrevocable, royalty free licence to use your Blogs posted on any System in any way we deem appropriate including, but not limited to:

8.6.1 the use, publication, distribution, transmission, broadcasting, licensing, sub-licensing, leasing, lending and sale of such Blogs; and

8.6.2 the creation, use, publication, distribution, transmission, broadcasting, licensing, sub-licensing, leasing, lending and sale of any derivative works based upon such Blogs.

8.7 Our use of such Blogs shall not bestow any rights or interests upon you whatsoever.

8.8 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under subClause 8.1.  You will be responsible for any loss or damage suffered by Us as a result of such breach.

9. Profiles

9.1 In order to access and use the Services on the Website and/ or the Platform and use the Blogs, forums/chat or similar facilities you, the End User must be granted permission to access a User Site created by a User and you must create a profile on the User Site. This profile will contain certain personal/business details which

may vary based upon your use of the User Site and/ or the Platform. By accessing and using the User Site and you represent and warrant that:

9.1.1 all information you submit is accurate and truthful;

9.1.2 you have permission to form a User to access the relevant User Site; and

9.1.3 you will keep information submitted in terms of this clause 9 accurate and up-to-date.

Your creation of a profile on a User’s User Site is further affirmation of your representation and warranty.

9.2 It is recommended that you do not share your profile details, particularly any username and password you are required to create when creating a profile for access and use of a User Site.  Coach Logic accepts no liability for any losses or damages incurred as a result of your profile details User Sites’ details being shared by you.  If you use a shared computer, it is recommended that you do not save User Site details or profile details in your internet browser.

9.3 If you have reason to believe that your profile details have been obtained by another without consent, you should contact Coach Logic immediately to suspend your profile on the relevant User Site.      

9.4 When choosing your username you are required to adhere to the terms set out above in Clause 7.  Any failure to do so could result in the suspension and/or deletion of your profile on a User Site.

10. Termination and Cancellation

10.1 With regard to accessing a User Site to access the User Services on a User Site If Coach Logic terminates a User’s Account, you will be notified by email and an explanation for the termination may be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

10.2 If Coach Logic terminates a User’s Account, any current or pending orders or payments on the Account will be cancelled and provision of Services will not commence.

10.3 In the event that any of the provisions of sub-Clauses 7.1 and 8.1, above, are not followed, We reserve the right to suspend or terminate your access to the Service(s). Any End Users banned in this way must not attempt to use the Website or Platform under any other name or by using the access credentials of another End User, with or without the permission of that End User.

11. Services and Availability

11.1 Whilst every effort has been made to ensure that all descriptions of Services available from Coach Logic correspond to the actual Services, Coach Logic is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.

11.2 Coach Logic does not represent or warrant that such Services will be available.  Availability indications are not provided on the Website.

12. Provision of Services

12.1 Provision of Services shall commence when full payment has been received from the User or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.

12.2 Provision of all Services shall be subject to the Terms and Conditions pertaining directly to those Services.

12.3 Coach Logic reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 12.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

12.3.1 Any use or enjoyment that the User and/ or the End User may have already derived from the Services;

12.3.2 Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of Coach Logic.

Such discretion to be exercised only within the confines of the law.

13. Privacy

13.1 Coach Logic shall collect and process personal data in accordance with the Privacy Legislation, as outlined in Our Privacy Policy.

13.2 End Users must comply with the terms of the Privacy Legislation at all times. Without prejudice to the foregoing, The End User hereby warrants, represents, and undertakes that the Personal Data shall comply with the Privacy Legislation in all respects including, but not limited to, its collection, holding, and processing.

14. Legal Rights and Disclaimers

14.1 We make no warranty or representation that the Website or the Service will be compatible with all systems, or that it will be secure.

14.2 Save for the discretionary screening and approval of User Sites as detailed in Clause 7, We have neither control over, nor involvement in, any User Sites or User Content and accept no responsibility for any actions taken, or any goods or services provided, by any Users or End Users.

14.3 Whilst reasonable endeavours have been made to ensure that all information provided on this Website will be accurate and up to date, We make no warranty or representation that this is the case.  We make no guarantee of any specific results from the use of our Services.

14.4 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

14.5 We make no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

14.6 When providing digital content to consumers, We are required to provide digital content that is of satisfactory quality, fit for any purpose made known to us (whether expressly or impliedly), and in accordance with any descriptions (and pre-contract information) given by Us.  This includes any digital content we may subsequently modify.  If We fail to comply with Our legal obligations, consumers may be entitled to certain legal remedies including repair or replacement or price reductions.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens Advice Bureau or Trading Standards Office.

14.7 Whilst We exercise all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

14.8 If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Website damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

14.9 You must read/watch the Documentation carefully and adhere to it. We shall have no liability for any occurrence caused by your failure to adhere to the Documentation.  

15. Availability of the Website and Modifications

15.1 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.

15.2 We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content available.    These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

16. Limitation of Liability

16.1 To the fullest extent permissible by law, We accept no liability to any End User for any loss or damage, whether foreseeable or otherwise, in contract, delict/tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any content included on the Website including the Service and the Content.

16.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any content included on it.

16.3 Subject to the terms of Clause 16.7, Our maximum liability under this Agreement shall be limited to the amount of fees payable to Us by you under the Agreement in any twelve month period, this cap on liability does not apply to breaches of Clauses 13 and 17.

16.4 If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

16.5 We exercise all reasonable skill and care to ensure that the Website is free from viruses and other malware.  We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Website (including the downloading of any content from it) or any other site referred to on the Website.

16.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, Platform failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

16.7 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

17. Confidentiality

17.1 Each Party may be given access to Confidential Information from the other Party in order to perform its obligations under the Agreement.  A Party’s Confidential Information shall not be deemed to include information that (i) is now, or subsequently becomes, through no act or failure to act on the part of receiving Party (the “Receiver”), generally known or available; (ii) is known by the Receiver at the time of receiving such information, as evidenced by the Receiver’s records; (iii) is subsequently provided to the Receiver by a third party, as a matter of right and without restriction on disclosure; or (iv) is required to be disclosed by law, provided that the Party to whom the information belongs is given prior written notice of any such proposed disclosure.

17.2 Subject to Clause 17.4, each Party shall hold the other’s Confidential Information in confidence and not make the other’s Confidential Information available to any third party (other than to a consultant or a Sub-contractor for the purposes of the Agreement and which consultant or Sub-contractor shall have entered into undertakings of confidentiality in relation to the Confidential Information on terms no less onerous than those contained in this Clause 17), or use the other’s Confidential Information for any purpose other than to carry out its obligations under the Agreement.  

17.3 Each Party shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of the Agreement.  

17.4 A Party may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of a competent jurisdiction, provided that, to the extent it is legally permitted to do so, it gives the other Party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause 17.4, it takes into account the reasonable requests of the other Party in relation to the content of such disclosure.  

17.5  No Party shall make, or permit any person to make, any public announcement concerning the Agreement without the prior written consent of the other Party (such consent not to be unreasonably withheld or delayed), except as required by law, any governmental or regulatory authority (including without limitation, any relevant securities exchange), any court or other authority of competent jurisdiction.  

17.6 This clause 17 shall survive termination of the Agreement howsoever arising.  

18. Artificial Intelligence

18.1 The Services may from time to time contain AI Systems. The AI Systems will/do not involve a GPAI Model (whether with or without systemic risk) and are therefore not subject to the relevant provisions of EU AI Act, and subject to any legal compulsion to do so neither Party shall suggest otherwise to any third party.

18.2 Coach Logic will promptly inform you if, during the term of the Agreement and for the purposes of the EU AI Act, the AI Systems become or involve a change in classification or status from that provided in clause 18.1.

18.3 The AI Systems are/will be used only for assisting Coach Logic to analyse User Content in accordance with Clause  2.5

18.4 The AI Systems will not be used for profiling or automatic decision making in relation to the use of Personal Data.

19. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

20. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

21. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  

22. Feedback and Modifications

22.1 The End User hereby acknowledges that upon submitting all comments, suggestions, requests, requirements, improvements, feedback, or other input an End User provides regarding any products or services owned or supplied by Coach Logic or Our Affiliates to Coach Logic, such comments, suggestions, requests, requirements, improvements, feedback, or other input  will belong to and be the Intellectual Property of Coach Logic.

22.2 Coach Logic’s use of any comments, suggestions, requests, requirements, improvements, feedback, or other input referred to in Clause  22.1 shall not bestow any rights or interests upon the User whatsoever.

22.3 The End User hereby acknowledges that any modifications made to the Services at the request or suggestion of the End User will belong to and be the Intellectual Property of Coach Logic.

23. Force Majeure

23.1 For the purposes of this Agreement “Force Majeure” means in relation to either party, any circumstances beyond the reasonable control of that party (including, without limitation, acts of god, epidemic or pandemic (natural or man-made) industrial action, civil disturbances, disruption of telecommunications power or other utilities or interruption or termination of

security the Internet access provider being used to link the Services to the Internet).

23.2 If any Force Majeure occurs in relation to either party which affects or may affect the performance of any of its obligations under this Agreement, it shall forthwith notify the other party as to the nature and extent of the circumstances in question.

23.3 Neither party shall be deemed to be in breach of this Agreement, or shall otherwise be liable to other, by reason of any delay in performance, or the non-performance, of any of its obligations under, to the extent that the delay or non-performance is due to any Force Majeure of which it has notified the other party, and the time for performance of that obligation shall be extended accordingly.

23.4 If the performance by either party of any of its obligations under this Agreement is prevented or delayed by Force Majeure for a continuous period in excess of six months, the other party shall be entitled to terminate this Agreement by giving written notice to the party so affected.

24. Communications

24.1 All notices / communications shall be given to Us either by post to Our Premises at the address given above or by email to info@coach-logic.com.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services, for more information see Our Privacy Policy.

25. Law and Jurisdiction

25.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with Scots law.

25.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

25.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the Scottish courts.