The following is an outline of the Terms and Conditions of the services APE-X (in the following also referred to as “we”) sell and provide on this website. By purchasing one of our coaching solutions you (in the following also referred to as “Client“) agree to our Terms and Conditions.

The Client and APE-X may also be referred to as a “party” or collectively as “parties” in this Agreement.

1. Services: Upon purchasing one of our coaching solutions we at APE-X shall provide you with the following services:

• Monthly strategy calls via Zoom or telephone during which your coach may gather and determine information necessary to build your personalized training programme.
• Weekly adjustments to the next week’s training plan based on the information that you share in the written check-in which may include, but is not limited to, your performance output, and recovery status.
• We guarantee to answer any question to our best knowledge within a day as long as nothing else has been determined by us. Exceptions are not limited to, but may include, unforeseeable events such as illness, or accidents. In those cases we reserve the right to respond at our earliest convenience.
• Individualized training programme adapted to your personal goals and needs based on our best knowledge including, but not limited to, workout routines with specified training variables such as set-/rep ranges, load, and distances.

The services included in the coaching solutions offered on this website do not vary qualitatively from each other depending on which option you purchase. Only the duration of the service varies. If not differently agreed upon, the respective coaching period begins with the dispatch of the first week’s training plan from your coach to you.

2. Pricing: By purchasing one of our coaching solutions you agree on the price displayed on the website. We acknowledge that no further compensation is asked for.

3. Expenses: All costs and expenses incurred by us in connection with the performance of the service shall be our sole responsibility and be paid by us. Examples of such expenses are not limited to, but may include, telephone bills, or Wifi expenses.

4. Term and Termination: Our engagement with the Client under this Agreement shall commence as soon as the purchase has been conducted by the Client. The Parties agree and acknowledge that this Agreement and our engagement with the Client shall terminate after the time period of the respective service purchased.

5. Refund Policy: We at APE-X shall reserve the right to refuse the purchase of any of our coaching solutions, entailing an immediate refund.

6. Independent Contractor: The Parties agree and acknowledge that we are an independent contractor and not, for any purpose, an employee of the Client, entailing all the resulting implications such as, but not limited to, health insurance, and/or social security tax.

7. Confidentiality

• Confidential and Proprietary Information:  In the course of performing the service, the Client may receive or obtain confidential and/or proprietary information from APE-X. “Confidential Information” shall mean any data or information that is competitively sensitive material and not generally known to the public, including, but not limited to, information relating to development of training plans, operations, systems, proprietary concepts, documentation, reports, data, specifications, flow charts, data, know-how, trade secrets, pricing, sales estimates, business plans and internal performance results relating to the past, present or future business activities, technical information, designs, processes, procedures, formulas or improvements, which we consider confidential and proprietary. The Client acknowledges and agrees that the Confidential Information is valuable property of us, developed over a long period of time at substantial expense, and that it is worthy of protection.
• Confidentiality Obligations.  Except as otherwise expressly permitted in this Agreement, the Client shall not disclose or use in any way, directly or indirectly, any Confidential Information either during the term of this Agreement or at any time thereafter, except as required for the use of the service, or with our prior written consent.
• Rights to Confidential Information. All Confidential Information disclosed to the Client by us (i) is and shall remain the sole and exclusive property of us, and (ii) is disclosed or permitted to be acquired by the Client solely in reliance on our agreement to maintain the Confidential Information in confidence and not to use or disclose the Confidential Information to any other person if not explicitly permitted by us. Except as expressly provided herein, this Agreement does not confer any right, license, ownership or other interest in or title to the Confidential Information to the Client.
• Irreparable Harm. The Client acknowledges that use or disclosure of any Confidential Information in a manner inconsistent with this Agreement may give rise to irreparable harm for which damages would not be an adequate remedy.  Accordingly, in addition to any other legal remedies which may be available at law or in equity, we shall be entitled to equitable or injunctive relief against the unauthorized use or disclosure of Confidential Information. We shall be entitled to pursue any other legally permissible remedy available as a result of such breach, including, but not limited to, damages, both direct and consequential. In any action brought by us under this Section, we shall be entitled to recover possible attorney’s fees and costs from the Client.

8. Ownership of Work Product: The Client agrees that all work product, information, or other materials created and developed by us in connection with the performance of the Services under this Agreement and any resulting intellectual property rights (collectively, the “Work Product”) are the sole and exclusive property of us. The Parties acknowledge that the Work Product shall, to the extent permitted by law, be considered a “work made for hire” of which we are deemed to be the author and are the owner of all copyright and all other rights therein.

9. Insurance: We are not medical professionals. For the term of this Agreement, the Client acknowledges and agrees that they are solely responsible for implementing the training plan correctly and agree to doing so at their own risk. We assume no liability for accidents or injuries. If the Client does feel unwell or is in any kind of pain and suspects something is not in order, we recommend consulting a medical professional like a doctor or physiotherapist as soon as possible. We do not in any way encourage to continue training in such cases.
Likewise, if the Client is sick or feels ill, we do not recommend training under any circumstances. This would only worsen the Client’s condition. In those cases, we always advise the Client to consult a medical professional. In such cases, when the Client is physically unable to use the services agreed upon in this Agreement, we reserve ourselves the right to find an individual solution which may encompass, but is not limited to, prolonging the services under this Agreement free of charge.

10. Mutual Representations and Warranties: Both Client and we represent and warrant that each Party has full power, authority, and right to execute and deliver this Agreement, has full power and authority to perform its obligations under this Agreement, and has taken all necessary action to authorize the execution and delivery of this Agreement.  No other consents are necessary to enter into or perform this Agreement.

11. Indemnification: The Client shall indemnify and hold harmless us from any damages, claims, liabilities, loss, and expenses, including reasonable attorney fees, arising out of any act or omission of us in performing the Services or the breach of any provision of this Agreement by us.

12. Governing Law: The terms of this Agreement and the rights of the Parties hereto shall be governed exclusively by the laws of the State of Germany, without regarding its conflicts of law provisions.

13. Disputes: Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the German Law.

14. Binding Effect:  This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns.  

15. Assignment: Our interests are personal to us and cannot be assigned, transferred, or sold without the prior written consent of the Client.

16. Amendments: We may modify this Agreement as we please any time without written consent of the Client as long as those changes do not directly impact the services we provide to the Client. 

17. Waiver: Neither Party shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing. Waiver by either Party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any subsequent or other breach or violation.

18. Further Assurances: At the request of one Party, the other Party shall execute and deliver such other documents and take such other actions as may be reasonably necessary to effect the terms of this Agreement.

19. Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal, and enforceable as though the invalid, illegal, or unenforceable parts had not been included in this Agreement.