Terms for Coaches

These terms govern the use of Kavi by coaches. Your contracting party is Softure UG (haftungsbeschränkt), Scharfenberger Str. 28, 13505 Berlin, Germany, HRB 275859 B (Local Court of Charlottenburg), email: customers@softure-ug.de ("Kavi", "we"). Our Terms of Service apply in addition unless these terms say otherwise. These terms are available at this address at all times, including before you sign up. This English version is a translation; the German version prevails.

1. Conclusion of contract, traders only

(1) You apply as a coach; the contract is concluded when we activate your coach account. There is no right to activation.

(2) Kavi is open only to coaches acting as traders (§ 14 BGB). By applying, you declare that you offer your coaching services in the course of a commercial or independent professional activity. We show this declaration to clients (Art. 246d EGBGB). Tell us immediately if your status changes.

2. Your independence

(1) You are self-employed, not our employee. You decide freely on your offer, prices, methods, times, places and which clients you accept. We give no instructions on how to deliver your coaching.

(2) You are responsible for your own taxes (including VAT), social security, any trade registration and all permits your work requires.

(3) For in-person coaching you must hold professional liability insurance with adequate cover and show it on request. We recommend it for online coaching too.

3. The coaching contract with your clients

(1) When you accept a request (or a client joins with your invite code) and the client pays, the coaching contract is concluded between you and the client. You deliver the coaching in your own name and on your own responsibility, online and in person.

(2) You meet your legal obligations towards your clients, in particular consumer law. Kavi provides tools for this: the mandatory information in your profile and at checkout, the online withdrawal and cancellation functions, and processing through Stripe.

(3) You authorise Kavi to receive and confirm your clients' withdrawal and cancellation notices in your name, and to make legally owed refunds through Stripe. We inform you of every such notice.

(4) Your packages run monthly and clients can cancel anytime, effective at the end of the paid month. You may not unilaterally raise the price a client confirmed when you accepted them.

4. Professional duties

• No medical treatment. You do not diagnose or treat diseases unless you are legally entitled to (e.g. as a doctor, Heilpraktiker or physiotherapist) and say so. If there are signs of health risks, you refer clients to doctors.
• Care. You take your clients' health information into account, match load and exercises to them, and stop if warning signs appear. In person, you ensure a safe environment and follow the gym's rules.
• True statements. Qualifications, certificates, experience, results and titles must be accurate and verifiable. You use protected professional titles only if you are entitled to. No promises of healing or guaranteed results.
• Content. You hold the rights to all photos, videos and texts you upload and the consent of people shown. Testimonials must be genuine and come from real clients.
• Reviews. You may not buy or fake reviews or offer clients benefits for reviews.
• Respect. No harassment, discrimination or inappropriate contact. The rules in section 11 of the Terms of Service apply to you too.

5. Payments, commission, payouts

(1) Clients pay through Stripe. For this you set up a Stripe Connect account and accept Stripe's terms. Kavi collects payments in your name and on your behalf and passes them on to you through Stripe, minus the commission.

(2) Our commission per paid client month is, in each case plus VAT where it applies (19% for coaches in Germany):

• 20% of the client price for clients who find you through Kavi;
• 10% of the client price for your own clients who join with your invite code, plus Stripe's payment processing fee (currently 1.5% + €0.25 per payment);
• in each case at least the monthly minimum for your country net per client (this includes Kavi AI for your client): €9 in Germany, Western Europe, the UK, the US and similar countries, and €7, €5 or €4 in countries with lower prices. Outside the euro area it is charged in your currency at the current exchange rate. The coach console shows your amount.

The rate is fixed at checkout and continues to apply to that client. Stripe withholds our fee from each payment; you receive the rest. At the start of each month we issue you an invoice for the fees withheld in the previous month (by email and in the coach console).

(3) Payouts are made through Stripe according to its payout schedule. Refunds, chargebacks or withdrawals are reversed accordingly.

(4) During the coaching, you may not get clients who found you through Kavi to pay outside Kavi. Reason: the commission funds the matching and the platform. Once the coaching through Kavi has ended, you are free.

6. Client data and privacy

(1) During an active, paid coaching, you see your client's fitness and progress data in Kavi (not their private progress photos). When the coaching ends, your access ends.

(2) You are a separate controller under the GDPR for the data you process in your coaching. You use client data only for the coaching, keep it confidential, do not pass it on, do not export it without a legal basis, and delete your own copies when the coaching ends unless you must keep them by law.

(3) Data access (Art. 9 P2B Regulation). Kavi has access to all data generated through use (profile, messages, sessions, payments, reviews) and uses it to operate, secure and improve Kavi. You have access to your profile, your messages, sessions, earnings and — during the coaching — your clients' data as described above. We do not share your data with other coaches.

7. Tax reporting (DAC7 / PStTG)

(1) As a platform operator we are required by the German Platform Tax Transparency Act to collect and verify the following from you: first and last name or company name, address, date of birth, tax identification number(s) with issuing country, VAT ID and commercial register number if any, bank account, and the earnings, commissions withheld and number of services per quarter through Kavi.

(2) We report this data annually by 31 January to the German Federal Central Tax Office, which may pass it on to tax authorities of other EU countries. We inform you of the reported data by the same date.

(3) If you do not provide the data after two reminders, we are legally required to block your account or withhold payouts until you do (§ 23 PStTG).

8. Ranking and reviews (Art. 5 P2B Regulation)

(1) The order in the coach search is determined by: location (coaches at the client's gym first, then nearby by distance, then online), within that the average rating and the number of reviews, and the filters and sorting the client chooses (e.g. price, language, online/in person). Availability (free spots) is shown. A better position cannot be bought; the commission rate plays no role.

(2) Only clients who had a paid coaching with you can review you. You cannot have reviews removed because you dislike them; you can report unlawful reviews to us.

(3) Our own offer (Art. 7 P2B Regulation). Kavi offers its own AI coach, Kavi AI. It is included for your client in every paid coaching; coaches are not disadvantaged against Kavi AI in the coach search.

9. Your content and visibility

(1) Your profile content stays yours. You grant us the simple rights to display it in Kavi and on kavi.fit for the term of the contract and to adapt it technically for that (e.g. size, cropping).

(2) We may also use your profile to promote Kavi (e.g. on the website, on social media or in screenshots). You can object to this at any time by email.

10. Restriction, suspension, termination (Art. 4 P2B Regulation)

(1) We may restrict your profile or suspend your account if

• you breach these terms, the Terms of Service or the law (in particular section 4);
• there are justified client complaints or signs of danger to clients;
• you do not provide the data under section 7, or Stripe suspends your account;
• there is a suspicion of fraud, fake reviews or payment circumvention.

We tell you the reasons on a durable medium (email) at the latest when the measure takes effect. You can clarify the facts by emailing customers@softure-ug.de; if the reason no longer applies, we lift the measure.

(2) The contract runs indefinitely. You can terminate it anytime; you still deliver client months already paid. We can terminate with 30 days' notice, stating our reasons. Both sides' right to terminate without notice for good cause remains unaffected (e.g. for serious or repeated breaches or danger to clients); the 30-day notice does not apply then.

(3) Send complaints about us to customers@softure-ug.de with the subject "Coach complaint". We review them promptly and reply.

11. Liability and indemnity

(1) We are liable without limitation for intent, gross negligence, injury to life, body or health, and under the Product Liability Act. For slight negligence we are liable only for breach of essential contractual obligations, limited to the foreseeable damage typical for this type of contract and at most to the commissions we received from you in the 12 months before the damaging event. We are not liable for lost profits in cases of slight negligence.

(2) You indemnify us against third-party claims (in particular from your clients) arising from your coaching, your content or a breach of these terms, including reasonable legal defence costs — unless you are not responsible for the breach.

12. Changes to these terms

We notify you of changes by email at least 15 days in advance. You may terminate the contract until they take effect. A shorter period applies only where the law requires it or to counter an unforeseen danger.

13. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Berlin. If any provision is invalid, the rest of the contract remains valid.