1.1. Future Flexible Company, Dr.-Heinrich-Maier-Straße 61, 1180 Vienna, Austria, registered in the company register of the Commercial Court of Vienna under FN 660502 b, email: team@yumi42.com (hereinafter "Yumi42"), operates an online platform for Coaching Services under the domain yumi42.com as well as further country-specific domains (hereinafter the "Platform").
1.2. These General Terms and Conditions apply to all persons registered on the Platform as users (hereinafter individually or jointly the "Users"). They regulate the rights and obligations of the Users when visiting the Platform and using the functions and services offered on it.
1.3. For the use of the Platform as a User, these General Terms and Conditions shall apply exclusively. Deviating, conflicting or supplementary terms and conditions of the User shall not become part of the business relationship between Users and Yumi42, even if Yumi42 does not expressly object to them.
1.4. Yumi42 reserves the right to amend these General Terms and Conditions at any time for legitimate reasons. Legitimate reasons include, in particular, changes in law, court or administrative decisions affecting the Platform or the Coaching Contract, (cyber) security reasons, the further development, optimisation and supplementation of the Platform, as well as adjustments in relation to technical developments to ensure the future functionality of the services.
Amendments that are exclusively beneficial to the User or purely editorial are also possible without legitimate reasons. The amended General Terms and Conditions will be published on the Platform and communicated to the User, for example by email, no later than 30 days before their planned effective date.
They shall be deemed effectively agreed if (i) the User has expressly consented to them or (ii) the User has not objected to the change before the planned effective date and Yumi42 has expressly informed the User in the amendment notice that a failure to object constitutes consent.
Amendments to the General Terms and Conditions that concern the main services or establish new obligations (e.g. payment obligations) are only possible with the express consent of the User.
1.5. Information on the protection of the User’s personal data can be found in Yumi42’s applicable privacy policy on the Platform.
2.1. Users and persons registered as Coaches (hereinafter individually or jointly the "Coaches") can arrange online coaching sessions via video conference and/or other coaching formats via the Platform (hereinafter "Coaching-Sessions").
2.2. Any person wishing to offer Coaching Services via the Platform can register as a Coach. The decisive factor is the coaching competence specified by the Coach. If services offered by Coaches via the Platform are subject to a charge, this will be explicitly and clearly indicated.
2.3. If a User and a Coach arrange Coaching-Sessions, the contract for these Coaching Services is concluded directly between the User and the Coach (hereinafter the "Coaching Contract").
2.4. Yumi42 operates the Platform and mediates Coaching Contracts for Coaches to Users of the Platform. Yumi42 also offers certain services in connection with the onboarding of Users and Coaches and supports the technical and organisational processing of the Coaching Contracts. Yumi42 is also entitled to receive payments on behalf and for the account of the Coaches. However, Yumi42 itself shall not become a contractual party to the Coaching Contracts concluded between the Users and Coaches.
2.5. Yumi42 may also make other offers available via the Platform (e.g. message/question chat, free introductory Sessions, group formats or other information or test offers). However, Yumi42 is not obliged to provide such offers or to maintain them permanently.
2.6. Yumi42 is obliged to provide all Users with any updates or upgrades of the Platform that are necessary to maintain contractual use. For the full use of the Platform, it may be necessary for the User to download and install third-party software (e.g. browser plugins or video conferencing software). Yumi42 shall inform Users appropriately before concluding the contract about all necessary software products, unless they are already customary in the industry, and about any updates that may be required.
2.7. No substitute for therapy, medical or legal advice: The services mediated via the Platform are coaching, mentoring and comparable support formats. They expressly do not constitute psychotherapy, medical treatment, legal advice or any other activity subject to special professional or licensing obligations.
Coaching Services via Yumi42 are not suitable for acute crisis or emergency situations. In such cases, the User must contact local emergency services, crisis hotlines or medical specialists. Neither Yumi42 nor the Coaches active via the Platform guarantee a specific success or result (e.g. cure, problem-solving, career success).
2.8. Optional session notes and summaries (without video recording): In the context of individual Coaching-Sessions, automated or partially automated notes and summaries can be created (e.g. bullet points, to-dos, reflection questions), provided the User expressly consents in each case.
Yumi42 does not create or store any video recordings of the Sessions. The content of such notes and summaries is exclusively for the individual work between the Coach and User and makes no claim to completeness or correctness.
The User can deactivate the use of this function at any time for future Sessions. Further information on the processing of personal data within these functions can be found in Yumi42’s applicable privacy policy.
3.1. The use of the Platform requires a corresponding registration. Use of the Platform as a User or as a Coach is reserved for registered persons. Registration is free of charge.
3.2. As part of the registration process, the User must provide all information completely and truthfully and update it immediately in the event of any changes.
3.3. There is no entitlement to registration on the Platform. Yumi42 reserves the right to refuse a person's registration as a User without stating reasons or to exclude already registered Users from using the Platform without stating reasons.
Credit already paid for and not yet used at the time of exclusion will be refunded by Yumi42 to the excluded User. Yumi42 will generally use the same payment method for this refund that the User used for the original purchase of the credit, unless mandatory legal reasons prevent this.
3.4. Registration on the Platform is generally possible regardless of age. However, Users must be at least 18 years old to use services subject to a charge (Coaching-Sessions) via the Platform.
If a User has not yet reached the minimum age, the prior consent of the legal representative is required; Yumi42 is entitled to demand appropriate proof.
3.5. Yumi42 will enable the User to access the Platform by providing a login (e.g. email/password or social login) and setting up a personal User account.
As part of the registration process, the User is obliged to provide Yumi42 with a valid email address to which legally relevant declarations can also be sent. If this email address changes, the User must notify Yumi42 immediately, stating the new email address.
4.1. Coaching Contracts are concluded between a User and a Coach, taking into account the relevant provisions of these General Terms and Conditions. The Coaches are regularly self-employed persons and thus entrepreneurs within the meaning of consumer protection law.
4.2. Users can conclude a Coaching Contract with a Coach by purchasing credit for Coaching-Sessions from this Coach via the Platform or by making a correspondingly configured booking. The processing of the credit payout to the Coach is administered by Yumi42.
4.3. Credit for Coaching-Sessions can be purchased in particular in the form of individual Sessions or packages of several Sessions. Details on the number, duration and period in which the Sessions are to be consumed can be found in the respective product description before the conclusion of the Coaching Contract.
4.4. The Coaching Contract is concluded individually (e.g. via an online booking mask, by email, chat or comparable electronic contact). If the User concludes the Coaching Contract online on the Platform by clicking on a correspondingly labelled button (e.g. "Book now for a fee"), the User submits a binding offer to the selected Coach to conclude a Coaching Contract and purchase the required credit. This offer is accepted by Yumi42 sending a confirmation message on behalf and for the account of the respective Coach or by providing the booked services in the User’s account.
4.5. Before concluding the Coaching Contract, the User has the opportunity to check all details again and to change them if necessary.
4.6. Yumi42 maintains merchant accounts with external payment service providers, in particular with Stripe (Stripe Payments Europe Limited or affiliated Stripe companies). The User makes payments to an escrow account managed by Stripe for the account of the respective Coach. The User thereby acquires credit for the use of Coaching-Sessions with the respective Coach via the Platform.
4.7. Payment Processing, Stripe Connect and Invoicing: The payment processing for services subject to a charge on the Platform is carried out via Stripe within the framework of Stripe Connect. Yumi42 is entitled to receive payments on behalf and for the account of the respective Coach and to technically manage the payment flows via Stripe.
Yumi42 automatically creates invoices to the User on behalf and for the account of the Coach, based on the data provided by the Coach during the KYC (Know Your Customer) process required by Stripe. The Coach remains solely responsible for ensuring that this data is accurate and complies with applicable tax and commercial law requirements.
Yumi42 assumes no responsibility or liability for the tax-correct treatment of payments, VAT classifications or the fulfilment of the Coach's accounting obligations.
Credit card and comparable payment data of the User are processed exclusively by Stripe and are not stored by Yumi42.
4.8. Upon confirmation of the conclusion of the Coaching Contract, the User will be provided with a confirmation of the concluded contract on a durable medium (e.g. as a PDF document by email), together with the legally required information. Yumi42 will generally not permanently store the contract text for the User or make it available for retrieval; the User is responsible for securing the contract documents himself.
5.1. Coaching Contracts can be concluded in the form of individual Sessions or packages with several Sessions, which the User must consume within a certain period. The prices for the different offers may vary depending on the number of Sessions, the Coach's pricing, language, format (individual or group Session) and the intended period.
5.2. The respectively valid prices are clearly and transparently displayed before the conclusion of the contract. If the User books an offer with recurring payment (e.g. monthly contingent), the prices are fixed for the respective minimum term of the selected offer. For subsequent billing periods, Yumi42 is entitled to adjust prices within the framework of legal requirements. The User will be informed of such adjustments in good time before they take effect; in this case, the User has the right to terminate the contract at the time the price change takes effect.
5.3. Payment for the credit for Coaching-Sessions takes place either (partially or entirely) in advance or in agreed instalments via the selected payment provider. Details result from the respective product or offer description.
5.4. The minimum contract term corresponds to the package or offer selected by the User. After expiry of the minimum contract term, the contract may automatically renew for an indefinite period and billing may switch to ongoing periodic billing (e.g. monthly). A corresponding notice will be given before the conclusion of the contract.
In such cases, the User and the Coach have the right to terminate the contract at any time after the expiry of the minimum contract term without observing a notice period, at the end of the respective billing period.
The User can declare termination using the functions provided by Yumi42 (e.g. termination form in the User account) or by means of another clear declaration (e.g. email). Yumi42 is entitled to terminate the contract on behalf of the Coach.
5.5. In addition to individual Coaching, Coaches can also offer free and paid group formats via the Platform. These are generally one-off purchases (and not packages), unless expressly stated otherwise.
6.1. The User agrees that Yumi42 will debit the agreed amount per Session from the User's credit and credit the Coach with the credit due to him when using Coaching-Sessions via the Platform. If credit is not used by the User within the designated period, it may expire in accordance with the respective offer conditions and be deducted from the User's account.
6.2. Cancellation, Rescheduling and No-Show: The User can cancel or reschedule an already booked Coaching-Session free of charge up to 48 hours before the start at the latest, unless more favourable conditions for the User are specified in the respective offer description or booking mask.
If the cancellation or rescheduling occurs less than 48 hours before the Session or if the User does not appear for the agreed appointment (No-Show), the booked Session will be fully deducted from the User's credit on behalf and for the account of the Coach.
Coaches can define more favourable cancellation conditions via the Platform (e.g. free cancellation up to 12 hours before the start). These shall take precedence if displayed before booking.
6.3. Objection Period (Dispute Window) after Sessions: After a Coaching-Session has been conducted, it is marked as "rendered". From this point, the User has two (2) working days to raise justified objections to Yumi42 regarding non-performance or poor performance.
If no objection is received within this period, the Session is deemed duly rendered. After expiry, Yumi42 may release the credit to the Coach. Subsequent objections must be directed solely to the Coach.
6.4. The User undertakes to keep his access data confidential and protect it from unauthorized access. The User is responsible for activities carried out via his account, insofar as he is responsible for them.
6.5. The User must notify Yumi42 immediately in case of suspected unauthorized account use. Yumi42 may suspend or deactivate accounts in cases of suspected misuse or violation of legal or contractual obligations.
6.6. Use of the Platform and Off-Platform Bookings: The User undertakes to book Coaching Services with Coaches found through Yumi42 generally via the Platform.
If the User repeatedly attempts to circumvent the Platform by arranging direct off-platform bookings, Yumi42 may suspend or terminate the User account. This does not affect the User's rights towards the Coach.
7.1. During registration, Coaches specify their specialist areas (e.g. Business & Career, Personal Growth, Health & Wellbeing). If Users submit requests in a relevant area, Yumi42 may notify a Coach but is not obligated to do so. Coaches are not obligated to accept requests.
7.2. Users have no entitlement to be assigned to a specific Coach. Availability depends solely on times and capacities defined by the Coaches.
7.3. There is no employment or service relationship between Coaches and Yumi42. Coaches act independently and on their own responsibility and are not authorized to represent Yumi42 legally.
8.1. Yumi42 generally makes the Platform available for use 24 hours a day, 7 days a week. However, according to the current state of the art, no software can guarantee error-free operation. Yumi42 therefore does not warrant that the Platform will always be completely error-free or continuously available. Maintenance work may also temporarily restrict availability.
8.2. The Platform and its underlying software are protected by copyright and may not be used or modified beyond the granted rights of use without prior written consent. The design of the Platform and all content (databases, photos, images, logos, videos, texts, graphics, etc.) are also protected by intellectual property laws and belong to Yumi42 unless otherwise indicated.
8.3. Yumi42 may enable interactive features (e.g. ratings, comments). Users undertake to make only truthful statements and comply with legal regulations and these Terms. Personal data of third parties may only be reproduced with explicit permission.
8.4. Yumi42 reserves the right to delete or partially delete evaluations or other content, especially if it violates legal or contractual provisions.
8.5. The User expressly acknowledges and agrees that the dissemination of the following content on the Platform is prohibited:
a. racist, pornographic, obscene, offensive, vulgar, violence-glorifying or immoral content;
b. abusive, harmful remarks or threats;
c. content harmful to minors;
d. content violating human dignity or protected legal interests;
e. content inducing criminal or immoral acts;
f. copied material without rights or unauthorized uploads;
g. harmful technical components (viruses, malware, etc.);
h. unsolicited advertising, junk mail or spam.
8.6. The User grants Yumi42 a non-exclusive, perpetual, worldwide, free right to use, edit, reproduce and distribute content posted by the User insofar as necessary for operating and promoting the Platform. Further use requires separate consent.
8.7. Automated tools for scraping, data extraction or large-scale data mining are prohibited without prior written consent.
8.8. Yumi42 may modify or discontinue Platform services at any time. Significant changes will be announced in advance. Users' legal claims remain unaffected.
8.9. Modifying or discontinuing Platform services does not automatically change these Terms. Amendments follow the procedure outlined in Section 1.4.
9.1. The statutory warranty provisions apply to Coaching Contracts between Users and Coaches.
9.2. If a Coach fails to perform or poorly performs a Coaching Contract (e.g. no-show, gross delay, lack of competence, inappropriate behaviour), the User may submit a justified complaint to Yumi42 (e.g. via email to team@yumi42.com).
Yumi42 may examine the quality of the Session and attempt to mediate. Yumi42 decides—within the Dispute Window in Section 6.3—on the existence and amount of any credit refund. If justified, the credit for the Session will be returned to the User and deducted from the Coach.
9.3. In the event of serious or repeated breaches by a Coach, Yumi42 will attempt to find a substitute Coach if the User wishes. If found, unused credit may be transferred to Sessions with the substitute Coach under the originally agreed conditions.
If no substitute Coach is available or the User does not wish for one, the User may be entitled to extraordinary termination of the Coaching Contract according to the legal requirements.
10.1. Yumi42 shall not be liable for simple negligence, regardless of the legal reason, unless there is a breach of contractual obligations that are essential for proper contract performance and on which the User regularly relies (cardinal obligations). In such cases, liability is limited to the foreseeable damage typical for the contract at the time of its conclusion.
The exclusion and limitation of liability does not apply in the following cases:
(i) statutory guarantee liability, including mandatory product liability regulations,
(ii) intent or gross negligence,
(iii) injury to life, body or health caused by simple negligence,
(iv) fraudulent intent,
(v) non-compliance with an expressly agreed guarantee.
10.2. Yumi42 assumes no liability for the fulfilment of contractual or other obligations of Coaches towards Users. In particular, Yumi42 is not liable for the availability of Coaches, the content of Coaching Services, or any damage arising in connection with a Coaching Contract. Refunds of credit must follow the rules in these Terms, especially Sections 6.3 and 9.2.
10.3. Yumi42 is not liable for content provided by Users or Coaches or for the content of websites linked by Yumi42. Only the respective provider of such linked sites is responsible for unlawful, incorrect or incomplete content. Users must independently evaluate and verify content from other Users and Coaches.
The User undertakes to fully indemnify and hold Yumi42 harmless if Yumi42 is held civilly or criminally liable by Coaches, other Users, or third parties due to content posted by the User or breaches arising from Coaching Contracts.
Indemnification includes penalties, damages, and reasonable legal defence costs. The obligation does not apply if the User is not responsible for the violation.
12.1. If a User concludes a Coaching Contract via the Platform, he is entitled to a statutory right of withdrawal, insofar as legally provided.
12.2. The withdrawal period is 14 days from the date of contract conclusion. Within this period, the User may withdraw without giving reasons.
12.3. To exercise the right of withdrawal, the User must submit a clear declaration of withdrawal. This may be done via a digital Yumi42 form, the sample withdrawal form below, email to team@yumi42.com, or by post. Yumi42 will send confirmation of receipt.
12.4. To comply with the withdrawal period, it is sufficient that the withdrawal notice is sent before the period expires.
12.5. Consequences of Withdrawal: All payments for credit must be refunded immediately and no later than 14 days after receipt of the withdrawal notice. Refunds use the same payment method unless otherwise agreed.
12.6. If the User withdraws after requesting early contract performance, he must pay an amount proportional to the services provided compared to the total agreed price. The per-session price is determined proportionally unless otherwise stated.
12.7. After expiry of the withdrawal period, the User may no longer withdraw based on statutory withdrawal rights. However, extraordinary termination for good cause remains unaffected.
(If you wish to withdraw from the contract, please fill out this form and send it back.)
To:
Future Flexible Company
Dr.-Heinrich-Maier-Straße 61
1180 Vienna
Austria
Email: team@yumi42.com
I/We (*) hereby withdraw from the Coaching Contract concluded by me/us (*) for the provision of the following service:
Ordered on (*) / received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if submitted on paper):
Date:
(*) Delete where inapplicable.
13.1. These Terms and all contractual agreements with Yumi42 are subject exclusively to Austrian law, excluding the UN Sales Convention and conflict-of-law rules. This applies only insofar as it does not deprive consumers of mandatory protections in their country of residence.
13.2. For lawsuits by a User against Yumi42, the competent court in Vienna has jurisdiction. The User may also sue at other legally permitted venues. For claims against Users residing or working in Austria, the competent court is determined by the User’s residence, habitual abode or place of employment.
13.3. Yumi42 is neither obligated nor willing to participate in consumer arbitration proceedings.
13.4. Users may submit complaints via the EU Online Dispute Resolution (ODR) platform at https://ec.europa.eu/odr. Complaints may also be submitted directly to team@yumi42.com.
14.1. If there are contradictions between these Terms and separate written agreements, the latter shall prevail.
14.2. If individual provisions are invalid or unenforceable, the remaining provisions remain unaffected. The invalid provision will be replaced by one that best reflects the intended economic purpose.
14.3. A "third party" is any person other than the registered User and Yumi42, even if economic or legal ties exist.
14.4. Contract language is German. Translations into other languages serve only for understanding. In case of contradictions, the German version prevails.
14.5. The User may only set off claims if legally established, undisputed, or directly related to the claim of Yumi42. Assignment of claims by the User requires prior written consent unless legally unavoidable.
(in accordance with statutory requirements)
(If you wish to withdraw from the contract, please fill out this form and send it back.)
To:
Future Flexible Company
Dr.-Heinrich-Maier-Straße 61
1180 Wien
Austria
E-Mail: team@yumi42.com
I/We (*) hereby withdraw from the Coaching Contract concluded by me/us (*) for the provision of the following service:
Ordered on (*) / received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only in case of notification on paper):
Date:
(*) Delete where inapplicable.
(in accordance with legal requirements)
(If you wish to withdraw from the contract, please fill out this form and return it.)
To:
Future Flexible Company
Dr.-Heinrich-Maier-Straße 61
1180 Vienna
Austria
Email: team@yumi42.com
I/We (*) hereby revoke the coaching contract concluded by me/us (*) for the provision of the following service:
Ordered on (*) / received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for notification on paper):
Date:
(*) Delete as appropriate.
