Terms of Service

Welcome to bells! These Terms of Service ("Terms") govern your use of our website, applications, and coaching services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. 

Quick Summary: These Terms establish a fair relationship between us and you. We provide professional, individualized 1:1 coaching services on a retainer basis, and you agree to use them responsibly. We respect your rights and expect you to respect ours and those of other users. 

1. Provider, Scope and Acceptance 

Provider 
Rhonda L. Bowen
bells 
Hohlweg 8, 41334 Nettetal, NRW, Germany

Email: rlb@bowen-crossculture.com
VAT ID: DE 182620033

This information also appears in our website legal notice in accordance with German law on provider identification for business websites.

1. These Terms apply to all users of the Service, including visitors, registered users, and paying customers. 

2. If you are a consumer within the meaning of § 13 BGB and Article 2(1) of Directive 2011/83/EU, mandatory consumer protection rules apply and prevail over any conflicting provision in these Terms.

3. By accessing, browsing, or using our Service, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy in their then-current version. 

4. If you use the Service on behalf of a business, you confirm that you are authorized to bind that business to these Terms and that you are acting as an entrepreneur (§ 14 BGB). 

2. Description of Coaching Services 

bells provides professional coaching services, focusing on individualized 1:1 coaching on a retainer basis. 

Our Service may include in particular: 

• 1:1 coaching sessions (primarily online via video or audio call; in-person only where expressly agreed). 
• Individualized input, feedback, and strategic or personal guidance tailored to your situation. 
• Access to supporting digital content such as notes, summaries, or resources that arise from the coaching work. 

There is no standardized curriculum, no formal homework, and no systematic progress tracking or measurement of “learning success”; coaching is individualized and process-oriented. 

Legally, the coaching contracts are generally classified as service contracts within the meaning of § 611 BGB. This means we owe careful and professional performance of the coaching services, but we do not owe a specific measurable success (e.g. income level, career result, or specific personal transformation) unless expressly agreed in writing.

Because the services are provided 1:1 with individualized content, no standardized course structure, and no formal monitoring or measurement of learning success, these coaching services are typically not classified as distance learning within the meaning of the German Distance Learning Protection Act (Fernunterrichtsschutzgesetz – FernUSG). If for specific programs this assessment were to change, we would provide additional information and, where necessary, obtain any required approvals. 

We may modify, update, or discontinue aspects of our Service, provided that we do not unreasonably change essential characteristics for consumers. Where legally required, material changes relevant to ongoing contracts will be notified in advance.

3. Account Registration and Security 

Account Creation 

To access certain features, such as booking or managing coaching sessions or viewing invoices, you may need to create an account. You agree to: 

• Provide accurate, current, and complete information, including your full name and valid contact details needed for contract and invoice purposes. 
• Update your information to keep it accurate and current. 
• Choose a strong password and keep it confidential. 
• Notify us immediately of any unauthorized use of your account. 

Account Responsibility 

You are responsible for all activities that occur under your account. You agree to: 

• Not share your account credentials with others. 
• Not create multiple accounts to circumvent restrictions. 
• Not impersonate others or misrepresent your identity or status as consumer/entrepreneur. 

We may restrict or close accounts if misuse or security issues arise, taking into account your legitimate interests. 

4. Acceptable Use 

You agree to use our Service responsibly and in compliance with all applicable laws. 

You may NOT: 

• Use the Service for any illegal purpose under German, EU, or other applicable law. 
• Harass, abuse, threaten, or intimidate other users or the coach. 
• Infringe intellectual property, privacy, or personality rights of third parties. 
• Upload or transmit viruses, malware, or other malicious code. 
• Use the Service to send unsolicited communications or spam. 
• Attempt to gain unauthorized access to systems or data, or interfere with the proper functioning of the Service. 
• Use the Service for unlawful commercial purposes, misleading advertising, or prohibited coaching claims (e.g. misleading health or financial promises under German unfair competition law).umweltbundesamt 

Any content you upload or share through our Service must not contain: 

• Illegal, harmful, or hate-inciting material. 
• Copyrighted material without sufficient rights of use. 
• Personal information of others without their consent. 
• False, misleading, or defamatory statements. 

We may remove or block content and suspend accounts where there is a concrete indication of unlawful behavior or a serious breach of these Terms, taking into account the legitimate interests of the affected parties. 

5. Intellectual Property 

Our Rights 

The Service and all related content, features and functionality, including but not limited to websites, texts, graphics, logos, photos, audio and video content, coaching frameworks, methods, and documents, are owned by bells or our licensors and are protected by German, EU and international intellectual property laws. 

You may not: 

• Copy, reproduce, publicly display, distribute, or otherwise exploit our content without our prior written permission, except to the extent permitted by mandatory law. 
• Reverse engineer software components except where expressly permitted by statutory provisions. 
• Remove or modify any copyright, trademark, or proprietary notices. 
• Use our trademarks, logos, or brand elements without prior written authorization. 

Your Rights and License to Us 

You retain ownership of any content you create and upload (e.g. notes, information you share, documents you upload). 

By using our Service, you grant us a non-exclusive, worldwide, royalty-free license to: 

• Host, store, and back up your content. 
• Use your content as necessary to provide the coaching services and maintain our systems. 
• Make technical copies and adaptations necessary for the functioning of the Service. 

This license ends when you delete your content or terminate your account, except where we must retain data due to statutory retention obligations or for the establishment, exercise or defence of legal claims. 

6. Classification of Clients (Consumer vs Entrepreneur) 

Our coaching services may be used by both consumers and entrepreneurs. 

To apply the correct legal framework: 

• You must state truthfully when booking whether you are acting as a consumer (§ 13 BGB) or as an entrepreneur (§ 14 BGB). 
• If a coaching package is expressly marketed only to entrepreneurs (e.g. “for business owners”), consumer protection rules such as the right of withdrawal may not apply, except where mandatory law or case law still classifies you as a consumer.

If there is doubt about your status (e.g. start-up or side business), classification depends on your actual purpose at the time of contract; statutory provisions and court decisions prevail. 

7. Payment Terms, Retainers and Duration 

Pricing and Billing 

• Current prices for coaching retainers and other services are displayed on our website or communicated individually. 
• Prices are stated in EUR and include or exclude VAT as indicated; for consumers in the EU, the total price including all taxes and fees is displayed before contract conclusion.
• By booking a retainer or other paid service, you agree to pay the applicable fees. Payments are processed by secure payment service providers. 
• Unless expressly stated otherwise, payments are due in advance and are non-refundable, without prejudice to your statutory rights (e.g. withdrawal rights and statutory warranty). 

Retainer Structure and Term 

• Coaching is typically offered on a retainer basis (e.g. a fixed number of monthly sessions or a defined volume of availability over a month or quarter). 
• Details of the retainer (scope, frequency, communication channels, response times, and term) are set out in the product description and/or your individual agreement. 
• Retainers may be agreed for a fixed term (e.g. 3 months) or as ongoing subscriptions with regular billing (e.g. monthly). 

Automatic Renewal and Cancellation 

• For ongoing retainers, the contract will automatically renew for the same period unless you or we terminate it within the cancellation period stated in the offer (e.g. 4 weeks before the end of the current term). 
• You can cancel via your account settings (if available) or by email to the contact address provided in these Terms. 
• Statutory termination rights, in particular for consumers, remain unaffected. 

Failed Payments 

If a payment cannot be completed (e.g. due to insufficient funds or expired card), we may: 

• Request you to update your payment data. 
• Temporarily suspend coaching services until payment is successfully completed. 

Where reasonable, we will notify you in advance or without undue delay. 

8. Consumer Right of Withdrawal

If you are a consumer and conclude a coaching contract with us via distance communication (e.g. online, email, phone), you generally have a 14day statutory right of withdrawal in accordance with §§ 312g, 355 BGB, unless an exception applies.

You will receive a separate and detailed Withdrawal Policy (Widerrufsbelehrung) and, if required, a model withdrawal form. These documents specify: 

• The length and start of the withdrawal period. 
• The address/email where you must send your withdrawal notice. 
• The consequences of withdrawal, including any value compensation for services already performed.

Early Start of Coaching and Value Compensation 

If you wish us to start coaching before the end of the withdrawal period, we will ask you to: 

• Explicitly request early performance. 
• Confirm that you are aware that, in case of withdrawal, you must pay reasonable compensation for services already provided up to the time of your withdrawal.

If the service has been fully performed before your withdrawal and you had expressly requested early performance and acknowledged this consequence, your right of withdrawal may expire earlier, as permitted by law. 

9. Privacy and Data Protection (GDPR) 

We process personal data in connection with the provision of coaching services in accordance with the EU General Data Protection Regulation (GDPR) and applicable German data protection law.manageengine+1 

Key points: 

• bells is the data controller for personal data processed in connection with the Service. 
• We may use carefully selected processors (e.g. hosting providers, video conferencing tools) under data processing agreements that meet the requirements of Article 28 GDPR.
• In coaching, you may disclose sensitive personal information (e.g. about health, finances, or personal circumstances). Such data is processed only to the extent necessary for providing the coaching and in accordance with the legal bases and safeguards described in our Privacy Policy. 
• You have rights of access, rectification, erasure, restriction of processing, data portability and objection, as well as the right to lodge a complaint with a competent supervisory authority. 

Details, including categories of data, purposes, retention periods, and international data transfers (if any), are set out in our Privacy Policy. 

10. Service Availability and Support 

We strive to provide a stable Service and reliable access to agreed coaching appointments. However, short-term changes or cancellations may be necessary due to illness, technical issues or other events beyond our control. 

• In case of coach-side cancellation, an alternative date will be offered without additional cost. 
• Support for technical issues related to session access (e.g. videoconference links) is provided via the channels and within the response times stated on the website or in your contract. 

There is no guarantee of uninterrupted availability of our website or communication tools, but we take reasonable steps to maintain and restore availability. 

11. Disclaimers and Limitation of Liability 

Nature of Coaching 

Coaching is a process that supports reflection, decision-making, and personal or professional development. It does not replace: 

• Medical or psychotherapeutic treatment. 
• Legal or tax advice. 
• Financial or investment advisory. 

You remain fully responsible for your decisions and actions during and after coaching. No guarantee is given for specific outcomes such as particular income levels, career outcomes or personal changes, unless expressly agreed in writing.

Liability 

Any limitations of liability in these Terms are subject to mandatory provisions of German and EU law. In particular, nothing in these Terms limits or excludes liability:

• For intent or gross negligence. 
• For injury to life, body or health. 
• Under the German Product Liability Act. 
• In other cases where liability cannot be excluded or limited under mandatory law. 

Subject to the above: 

1. In cases of slight negligence, we are liable only for breach of essential contractual obligations (cardinal duties). In such cases, liability is limited to the typical, foreseeable damages for this type of contract. 

2. We are not liable for indirect or consequential damages, such as lost profits, unless caused by intent or gross negligence or where mandatory law provides otherwise. 

3. For paid services, the total liability for all claims arising from or in connection with a contract is, to the extent legally permissible, limited to the amount you paid to us for the relevant coaching services in the 12 months preceding the event giving rise to the claim. 

Mandatory consumer rights and statutory warranties remain unaffected. 

12. Indemnification (Business Clients) 

If you use the Service as an entrepreneur (B2B), you agree to indemnify and hold bells harmless from claims, damages, and costs (including reasonable legal fees) arising out of or in connection with: 

• Your culpable violation of these Terms. 
• Your culpable violation of applicable law or third-party rights. 

For consumers, this clause applies only to the extent permitted by mandatory law. 

13. Term and Termination 

Termination by You 

You may terminate your account and/or specific coaching retainers at any time in accordance with the applicable cancellation periods stated in your offer or individual agreement. 

Upon termination: 

• Your access to the corresponding coaching services ends at the end of the current term or immediately, depending on the agreed conditions. 
• We may retain certain data where required by law (e.g. tax retention periods) or where necessary to establish, exercise or defend legal claims. 

Termination by Us 

We may terminate or suspend your contract and/or access to the Service for good cause, in particular if: 

• You materially breach these Terms and do not remedy such breach after appropriate notice, where such notice is required. 
• You are in persistent payment default despite reminders. 
• We are legally obliged to do so. 

For consumers, statutory termination rights and notice periods apply and remain unaffected. 

14. Governing Law, Jurisdiction and Online Dispute Resolution 

Governing Law 

These Terms and all contractual relationships between you and bells are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If you are a consumer and your habitual residence is in another EU Member State, mandatory consumer protection provisions of that state remain unaffected.

Jurisdiction 

If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from these Terms or the contractual relationship shall be the courts at the seat of bells, currently Nettetal, Germany. 

For consumers, the statutory jurisdictions apply. 

Online Dispute Resolution (ODR) 

The European Commission provides an Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. Consumers can use this platform to try to resolve disputes arising from online contracts. We are neither obliged nor generally willing to participate in dispute resolution procedures before a consumer arbitration board, unless expressly stated otherwise. 

15. Changes to These Terms 

We may adjust these Terms for the future if there is a valid reason, such as changes in legal requirements, case law, technical developments or our services. 

• We will inform you of proposed changes in text form (e.g. by email) at least 30 days before they take effect, where this is required for ongoing contracts. 
• If you do not object within the period specified in the notice and continue to use the Service after the changes take effect, the changes are deemed accepted. 
• The notice will inform you of your right to object and the consequences of failing to object. 

If you object to changes and a continuation of the contract under the previous Terms is unreasonable for us, we may terminate the contract at the time the changes would otherwise have taken effect, respecting statutory consumer rights. 

16. General Provisions 

• Entire Agreement: These Terms, together with our Privacy Policy and any specific descriptions or conditions agreed for your coaching retainer, constitute the entire agreement between you and bells regarding the Service. 
• Severability: If any provision of these Terms is or becomes invalid, the remaining provisions remain in full force and effect. In place of the invalid provision, the statutory provisions shall apply. 
• No Waiver: Failure by us to enforce any right or provision does not constitute a waiver of that right or provision. 
• Assignment: You may not assign or transfer rights and obligations under these Terms without our prior written consent. We may transfer these Terms, along with associated rights and obligations, to a successor entity in the event of a business transfer, merger or similar transaction, where permitted by law. 

Force Majeure 

We are not liable for delays or failures in performance due to events beyond our reasonable control, such as natural disasters, war, pandemics, strikes, or failures of communications or internet infrastructure, provided we have not assumed a specific procurement or performance risk. 

17. Contact 

For questions about these Terms or to report violations, please contact: 

Rhonda L. Bowen
bells
Hohlweg 8, 41334 Nettetal, NRW, Germany

Email: rlb@bowen-crossculture.com

We generally respond to inquiries within 3–5 business days.