DrillUp Terms of Service

Last updated: 01.10.2024

1. Introduction

Welcome to DrillUp ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website located at https://www.drillup.tech (the "Website") and the services we provide ("Services"). By accessing or using our Website and Services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our Services.

2. Acceptance of Terms

By accessing our Website and engaging our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy

3. Modifications to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Website, with an updated revision date. Your continued use of the Services after changes are posted constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.

4. Description of Services

We offer professional coaching services designed to enhance your skills and career prospects. Our Services include, but are not limited to:

5. Eligibility

You must be at least 16 years old or the age of majority in your jurisdiction to use our Services. By using our Website, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding contract.

6. User Accounts

6.1. Account Creation

To access certain features of our Services, you may be required to create an account by providing accurate, current, and complete information. You agree to update your information as necessary to maintain its accuracy.

6.2. Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

6.3. Account Security

We are not liable for any loss or damage arising from your failure to protect your account information.

7. User Conduct and Obligations

By using our Services, you agree to:

8. Fees and Payment Terms

8.1. Fees

The fees for our coaching Services are as outlined on our Website or as communicated to you directly. All prices are in EUR and are subject to change without notice.

8.2. Payment Processing

Payments are processed securely through third-party payment processors compliant with industry standards. By providing your payment information, you authorize us or our payment processors to charge the applicable fees to your payment method.

8.3. Payment Terms

Fees are due and payable at the time of booking or as otherwise specified. Failure to pay fees when due may result in suspension or termination of your access to the Services.

8.4. Taxes

You are responsible for any taxes applicable to your purchase of Services, including but not limited to sales, use, value-added, or other taxes.

9. Cancellation and Refund Policy

9.1. Cancellation by User

Coaching Sessions: You may cancel or reschedule a coaching session by providing at least 24 hours' notice prior to the scheduled session time. If you notify us less than 24 hours before the session, we may not be able to accommodate rescheduling, and the session fee may be forfeited.

Refunds: We generally do not offer refunds. However, if you have not used any of our Services within a 14-day period after purchase, you may request a refund. Refunds are provided at our discretion.

9.2. Cancellation by Us

We reserve the right to cancel or reschedule sessions if necessary due to unforeseen circumstances. In such cases, we will notify you promptly and offer alternative arrangements or a full refund for the affected session(s).

9.3. No-Show Policy

If you fail to attend a scheduled session without prior notice, you may forfeit the session fee, and no refund will be provided.

10. Intellectual Property Rights

10.1. Ownership

All content, materials, and Services provided on our Website, including but not limited to text, graphics, logos, images, audio clips, videos, software, and compilations thereof, are the property of DrillUp or our licensors and are protected by intellectual property laws.

10.2. Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services and content solely for your personal, non-commercial use.

10.3. Restrictions

You agree not to:

11. User-Generated Content

11.1. Submissions

If you submit or upload any content, materials, feedback, or suggestions ("User Content") to us or through our Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content.

11.2. Representations

You represent and warrant that you own or have the necessary rights to the User Content you submit and that its use does not violate any laws or infringe upon any third-party rights.

11.3. Monitoring

We reserve the right, but not the obligation, to monitor, review, or remove User Content at our discretion.

12. Third-Party Links and Services

Our Website and Services may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. Your interactions with such third parties are solely between you and the third party.

13. Disclaimers

13.1. No Guarantee of Results

We strive to provide valuable coaching Services, but we do not guarantee any specific results or outcomes from using our Services. Individual results may vary.

13.2. As-Is Basis

Our Services are provided on an "as-is" and "as-available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

13.3. No Professional Advice

Our coaching Services are intended to provide guidance and support but do not constitute professional legal, medical, financial, or psychological advice. You should consult appropriate professionals for advice on specific issues.

14. Limitation of Liability

To the fullest extent permitted by law, in no event shall DrillUp, its affiliates, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

In no event shall our total liability to you for all claims arising out of or relating to the Terms or the Services exceed the amount paid by you to us in the twelve (12) months preceding the claim.

15. Indemnification

You agree to indemnify, defend, and hold harmless DrillUp, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

16. Termination

16.1. Termination by You

You may discontinue the use of our Services at any time.

16.2. Termination by Us

We reserve the right to suspend or terminate your access to all or part of the Services at our discretion, without notice, for any reason, including but not limited to violation of these Terms or conduct harmful to other users or third parties.

16.3. Effect of Termination

Upon termination, all rights granted to you under these Terms will cease, and you must immediately cease all use of the Services.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the courts of Berlin, Germany, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

18. Dispute Resolution

18.1. Informal Resolution

Before initiating any legal action, you agree to first attempt to resolve the dispute informally by contacting us at support@drillup.tech. We will attempt to resolve the dispute informally by contacting you via email.

18.2. Arbitration

If a dispute cannot be resolved informally, it shall be resolved through binding arbitration administered by the German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit e.V. - DIS) in accordance with its rules. The arbitration shall be conducted in Berlin, Germany, in the English language, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

18.3. Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction for matters related to intellectual property or unauthorized access to the Services.

19. Privacy

Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference.

20. Miscellaneous

20.1. Entire Agreement

These Terms, along with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and DrillUp regarding the Services.

20.2. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

20.3. Waiver

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

20.4. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms at our discretion without restriction.

20.5. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, supply shortages, or disruptions in communications.

20.6. Notices

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by posting to the Website or by email to the address associated with your account.

20.7. Language

These Terms and any related documents are in the English language. Any translations are provided for convenience only.

21. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Email: support@drillup.tech
Address: DrillUp, Berlin, Germany