located at Strehlgasse 18/7, 1190 Vienna, Austria
Phone: USA: +1 917 266 8491, Europe: +43 664 22 606 17
Last updated: December 6, 2021
Please read the Terms and Conditions carefully before accessing or using our services.
1. CONTRACTUAL RELATIONSHIP
1.1. Subject matter of the Terms and Conditions
The following Terms and Conditions (hereinafter referred to as "Terms") contain the basic rules for the use of MeetFox, a product developed and operated by Coachfox GmbH registered with the Vienna Business Register (number FN464148x) and headquartered at Strehlgasse 18/7, 1190, Vienna, Austria. Coachfox GmbH is a 100% fully-owned subsidiary of MeetFox Inc., registered at 838 Walker Road, Suite 21-2, Dover, DE 19904, USA. For ease of reference, the collective entity of MeetFox Inc. and Coachfox GmbH will be hereinafter referred to as "MeetFox".
Coachfox GmbH operates the IT solution, MeetFox, which offers users various technical functions that facilitate the handling of appointments and billing. For the purposes of these Terms, "User" is an override of any individual (natural or legal person) that has registered an account with MeetFox and may also be a provider of services or a customer booking appointments and/or receiving services via the MeetFox solution (hereinafter the “App”). A "Provider" means an individual (natural or legal person) who offers any paid or unpaid appointments via MeetFox. A "Customer" is an individual (natural or legal person) who receives services through MeetFox from a Provider. A “Visitor” is an individual (natural or legal person) who visits the MeetFox website hosted on www.meetfox.com (hereinafter referred to as the “Website”), or a Providers’ bookings link hosted by MeetFox and does not have a registered account with the App.
1.3. Validity of the Terms
The Terms apply to all statements of intent in connection with the use of the App by Users as well as to all business relations between MeetFox and its Providers and Customers. By accessing and using MeetFox functionalities through our App, Providers and Customers are legally bound to acknowledge and agree to the latest version of the MeetFox Terms and our Data Policy, which establishes a contractual relationship between the User and MeetFox. If the User does not accept these Terms, he may not use the functionalities of MeetFox. Although the Terms used in this contract refer to natural persons only in a masculine form, they refer to women and men in the same way. These Terms apply to any use of MeetFox's services.
1.4. Changes to the Terms
MeetFox reserves the right to make changes or additions to the Terms at any time. The latest version is always valid at the time of use, which is published on our Website at https://meetfox.com/terms-and-conditions/ and is available to Users at any time.
The User agrees to minor and reasonable changes to the Terms. For minor changes, MeetFox is not required to inform the User in advance of such changes. If reasonable or minor changes are made, MeetFox may make such changes without notice provided that the User has access to the most up-to-date version of the Terms. If a User does not agree to the updated Terms, the right to continue using MeetFox services will be withdrawn and continued usage will no longer be possible. The User can therefore request for the cancellation of their account and the deletion of their personal data and account information. If the User continues to use MeetFox functionalities, it is assumed that the revised Terms have been accepted.
1.5. Choice of Law / Jurisdiction
The contract and all derived reciprocal rights and obligations, as well as claims between MeetFox and Users, are subject to Austrian law. The exclusive place of jurisdiction for all disputes arising from this contractual relationship is the court of competent jurisdiction for the headquarters of Coachfox.
1.6. Severability Clause
The invalidity of individual provisions does not affect the validity of the remaining Terms.
1.7. Assignment / Transfer
Users agree that MeetFox may assign or transfer this agreement in whole or in part, to subsidiaries, affiliates, purchasers of their shares, businesses or assets, or a legal successor. If the User does not agree with this, the User is invited to take action by emailing email@example.com to further discuss the matter.
2. SCOPE OF SERVICES
MeetFox's primary service is an IT solution that enables Providers to provide their own services and integrate tools provided by third-party service providers, and Customers to book and pay for services from Providers that are registered on our App. MeetFox merely acts as a technical service provider for appointments, messaging, videoconferencing, and payments systems. A successful payment transaction via MeetFox is conducted solely between the Customer and the Provider.
MeetFox holds no liability or assurance regarding the quality or scope of the services rendered by the Providers that use the MeetFox platform to cater to their Customers. All of the information regarding the published services and their Providers are added by the Provider themself and is not reviewed by MeetFox.
Due to the transparency of the Provider profiles, the competencies according to the Provider's information are visible to the Customer. Thus, the Customer can judge the competency level of the Provider making it be his responsibility. Users acknowledge and agree that MeetFox does not provide consulting services on its own and that all services published through MeetFox are provided exclusively by independent third parties not employed by MeetFox or a company affiliated with MeetFox.
Any discussions that lead to a separate agreement between Providers and their Customers are not part of this agreement and, therefore, in principle, do not trigger any legal consequences for the contractual relationship. In such a matter, the Provider is the sole contractual partner of the Customer.
MeetFox has no knowledge of the scope and content of the services provided through MeetFox. Any further legal claims must be made against the Provider himself.
3. USER REGISTRATION
Using the MeetFox functionalities does not require Customers to register an account via the App but does require the acceptance of these Terms.
The use of MeetFox is only permitted to persons over the age of 18 who have full legal capacity. Furthermore, the use of MeetFox by natural and legal persons for both private use and for commercial use is permitted.
3.1. Establishment of the Provider account
For the time being, the information required for registration is first and last name, an email address, and a self-selected password. Upon submission of this data and the required approval of these Terms and the Data Policy, the User confirms their registration. After completing the account creation process, a free but legally binding contract between the Provider and MeetFox has been established.
3.2. Information required when using Provider services
The use of services by the Provider may require payment, which may require additional information such as credit card details, billing address, and whatever else is necessary for Stripe, the payment processor to effectively facilitate service payments (see section 5 PAYMENT TERMS for further information).
Comprehensive information is required when collecting payments via MeetFox, in particular first and last name, email address, a UID number or equivalent tax identification number (if available), and a password. MeetFox reserves the right to refuse the registration and thus void the contract within 10 working days after submission without stating reasons if the information is incomplete or the services offered do not correspond to the accepted service spectrum of MeetFox.
3.3. Additional duties and rights of the Provider
The provision of services via video telephony is not suitable for all service groups and is also subject to legal restrictions. Thus, the practice of medicine, in particular, the diagnosis or therapy for the relief of illness, suffering, and bodily injury by any means of telecommunications are generally prohibited by law in most jurisdictions. The Provider, therefore, undertakes to inform the Customer about the limitations of telemedicine or online therapy/specialized coaching and to check before accepting a Customer, including the latest legal and licensure review, on whether their own professional qualifications or an online conversation in general for the achievement of the desired goals are appropriate. If necessary, the Provider is obliged to refuse a Customer or refer to an offline conversation.
The Provider can determine at what times, at what price, and at what frequency services are offered. The Provider is only obligated to meet their assigned availability if an appointment has been agreed upon and confirmed by the Provider himself.
By registering, the Provider assumes all responsibility for the content and presentation of its service offering via MeetFox and to comply with the legal information obligations. In addition, the Provider is committed to providing only serious, professional and quality offers and not to make false, misleading, or illegal advertising for its service.
3.4. Completeness and timeliness of the data
All Providers that intend to offer services on MeetFox are required to ensure that the account information is always truthful, complete, and up-to-date. If the personal information of a Provider is changed, the Provider is responsible for updating their account data immediately. Should the Provider account data no longer be correct, complete or up-to-date, should the payment method or payment data of the Provider be invalid or expired, or should the updated information be incorrect, MeetFox reserves the right to deny access to the functions of MeetFox or terminate the contract with the Provider.
3.5. Additional obligations and rights of the User
The User is obliged to behave appropriately and in accordance with the Terms and applicable laws. MeetFox points out that Users themselves are responsible for all activities on their account and, therefore, are required to keep their username and password safe at all times. The use of the User account is limited to the registered person and the disclosure of credentials (email and password) to a third party is strictly prohibited. MeetFox also does not allow multiple logins - each User may register only once. The User undertakes to inform MeetFox immediately in case of suspected misuse of the User account by third parties.
MeetFox reserves the right to block or delete User accounts if the User violates the Terms, the applicable law, or otherwise inappropriate or misrepresentation. The User agrees to use the App for lawful purposes only, not to incur any harassment, annoyance, or inconvenience in any way, and agrees to discontinue any User content that MeetFox deems to be offensive, libelous, vulgar, violent, obscene, pornographic, unlawful or otherwise offensive. Furthermore, he undertakes not to transmit any data that violates the rights of third parties (eg. personal rights, name rights, trademark rights, copyrights, etc.). All Users have the option to notify us of Users that violate any law or contravene our Terms to MeetFox (firstname.lastname@example.org).
3.6. Confidentiality and safety
All User data will be treated confidentially according to the Data Policy of MeetFox. Both Provider and Customer are committed to full discretion, confidentiality, and secrecy. Furthermore, all Users agree to use personal information only in connection with the service used. Any transfer of information or data to third parties and the use thereof outside the scope of the service is expressly prohibited.
The video communication technology is offered directly in the browser embedded on MeetFox. Through the direct connection of the server of the Provider with the server of the Customer, the video conversation is encrypted. This also applies when using a public hotspot. The respective endpoints generate randomized keys at the beginning of each video circuit, which are also periodically changed during the call to make the connection even more secure.
By creating an account on MeetFox, the User agrees that the email address provided by the User is used for all correspondence with the User as well as for sending legally relevant messages. Customers who book a service with a Provider will also temporarily receive communication from MeetFox to facilitate the appointment booking process. Providers and Customers may send communications to MeetFox by email to email@example.com or by our live chat service.
MeetFox requires that Customer email addresses are never published by Providers and are never made visible to other Users outside of their organization. Any communication between the Provider and the Customer can be made via the communication channels provided via MeetFox (video conference, MeetFox messages, MeetFox emails), which may only trigger a message generated via MeetFox to the specified User email address. Any communication between the Provider and the Customer via a third-party tool or service, whether integrated or not, is subject to their external terms and conditions and related data processing policy.
MeetFox does not take on any responsibility for the services offered by Providers via MeetFox and cannot be held accountable for such. MeetFox merely serves as the technical service provider to facilitate the service provision by the Provider to the Customer. The appointment is made by selecting a meeting type and then the desired time slot. The Customer only makes a binding request for the use of a service by completing the appointment booking process of a particular service offered by a Provider. The Provider may manually validate the appointment booking request (whether offered at a fee or for free) by accepting (that is, confirming) the booking, which establishes a contract for the provision of a service between the Provider and the Customer. After this confirmation of the desired time window, the Customer receives a confirmation email of the appointment. The Customer is advised that in the absence of reconfirmation of the selected time window by the Provider, no appointment has been agreed, and thus no service is provided. If the Provider chooses the functionality to accept all appointments, the desired appointment is automatically confirmed and a confirmation email is sent to the Customer immediately.
4.2. Service costs/duration of the service
The service costs are optional, as determined by the Provider and are publicly displayed to the Customer before concluding the service contract. When sending an appointment request, the desired duration is determined when the offer is selected by the Customer. The booking can be canceled at any time, however, the Provider reserves the right to charge the costs based upon the cancellation policy set by the Provider.
The Provider is free to offer the first use of a service (the "first meeting") free of charge. Neither the Provider nor the Customer is required to conduct follow-up discussions.
4.3. Video conference
After confirming the appointment, the video conferencing function can be used at the agreed time window via the provided video link. For this, both Provider and Customer must click on the video link in a supported browser. By joining the call, the Customer and Provider are able to conduct the online appointment. Where the Provider opts to use an external video conferencing tool, a video link to join the conference call may be provided by the Provider or generated through an integration with the MeetFox app.
5. PAYMENT TERMS
5.1. Use of Stripe for payment processing
MeetFox and thus, the MeetFox solution, use a secured electronic payment Provider called Stripe (510 Townsend Street, San Francisco, CA 94103, USA) for the settlement of all payment services and cash flows. By registering for a paid membership plan on MeetFox and entering credit card information, the User expressly agrees to the monthly/yearly fee, the underlying pricing models and the following Terms regarding payment, and the terms and conditions of Stripe. For the accuracy, completeness, and security of the processes that are performed by Stripe, MeetFox assumes no liability.
In the event that a booking has been made incorrectly, duplicated, or without proper authorization, MeetFox can be contacted at firstname.lastname@example.org where a request for a refund can be submitted. If the MeetFox and/or Stripe terms and conditions are violated, the User may be denied.
If a subscription with a fixed paid amount is chosen, billing will be monthly or yearly. The User pays an amount for one month or one year of membership and can thus use the functionalities of MeetFox. Memberships are based on billing cycles and will be billed on the same day of each month unless the month does not have the anchor date in which the account will be billed on the last day of the month.
Any selected membership model does not include payment fees incurred by payment services provided by Stripe, the financial services provider. These will be deducted from each payment to the Stripe business account. MeetFox reserves the right to increase any membership and transaction fees for future Users, as applicable, with each User having a separate transaction fee applicable to each registration.
5.2. MeetFox membership and service fees
The User has the option to choose between different membership models, which correspond either to a monthly or yearly fixed subscription or to a separate negotiated membership and/or transaction fee for Users. Users that wish to provide services via MeetFox, may choose to enter into an agreement between them as a Provider and MeetFox, which includes a membership with a transaction fee. In such a case, the Provider will be charged the agreed transaction fee in percent (including VAT) of the net service price charged to the Customer for each booking after the appointment has been processed.
5.3. Payment by credit card
The purchase of services provided by a Provider is based upon a fee that is made public. Payment is to be made at the time of booking and is automatically charged. The credit card data is transmitted to Stripe using the encryption technology Secure Socket Layer (SSL). MeetFox does not directly register nor store information related to credit card payments.
For the successful booking of a paid service, the solvency of the Customer must be verified by Stripe. The credit card is to be charged at the time of booking and a cancellation fee may be applied based on the cancellation policy of the Provider.
Customers agree that MeetFox acts as a limited collection agent and thus agrees to the deduction of the service fee by Stripe.
When Stripe is selected as a payment method, the Provider mandates Stripe with the settlement of the money transfer, so with the collection of the agreed fee from the credit card to their Stripe account.
5.4. Receiving Payments
In order to receive payments, the registration of each Provider with the financial services Provider Stripe is required. This registration is free for the Provider and can be initiated directly through the MeetFox application, whereby a separate contract between the Provider and Stripe is established. By agreeing to these Terms, the Provider also automatically accepts the Stripe terms and conditions, available at (https://stripe.com/gb/legal).
By actively establishing a connection between MeetFox and Stripe, the Provider instructs MeetFox to transmit all data related to the service (time, Customer data, etc.) to Stripe, the financial services provider. In this context, the Provider mandates Stripe with the settlement of money transfers, as well as with the collection of the agreed-upon fee from the Customer’s credit card.
If the cancellation policy of the Provider results in a cancellation fee, the amount debited to the Customer minus the transaction fee set by Stripe will be added as credit to the balance of the Stripe account of the Provider.
5.5. Return debit / payment default
MeetFox assumes no liability for any unauthorized transaction, therefore, making it the responsibility of the Provider to ensure that any payments authorized on behalf of the Customer are duly made with the consent and reasonable understanding of the Customer.
Any Provider who offers services on MeetFox for a fee agrees that it is their responsibility to provide their factual name and is responsible to provide accurate billing information. The Provider has the opportunity to provide a paid service, for which the Customer pays a fee for the agreed upon service. This payment structure compensates the Provider for all services rendered by him.
The Provider may instruct MeetFox to invoice for the particular service used by the Customer, which is done on behalf of the Provider and includes the total amount including value-added tax. The Customer receives this billing directly after each completed service. MeetFox uses the duration of the video call to check whether the service has actually been performed, but does not consider terminating it prematurely as long as it is not unreasonable. After the conclusion of an appointment, an invoice for the service rendered will be sent to the Customer and Provider by email in a PDF format.
5.7. Duties and obligations relating to taxation
The Provider is responsible for the correct taxation as well as the payment of tax, licensing fees, operating expenses, and any other charges and must bear these costs themselves. If applicable, the Provider is required to provide a tax identification number when registering to ensure accurate accounting. MeetFox presupposes that Providers have a trade license for the activity offered and have themselves informed their own tax advisor about the correct taxation of services offered via MeetFox.
6.1. Cancellation of service provision by the Provider
If a confirmed date for a service provided by the Provider is canceled, no penalties or costs are incurred for the Provider. The Customer has no right to the provision of services and no fee will be charged.
6.2. Cancellation of service provision by the Customer
If a deadline for a service provision by the Customer is canceled without due notice, the Customer may be charged a cancellation fee. The Provider is only then entitled to charge a cancellation fee. The settlement of a cancellation fee is subject to the cancellation conditions of the Provider. The individual handling of cancellations is displayed in the profile of the Provider in the App and is communicated to the Customer that cancellation fees may apply. Thus, all risks related to any cancellation are known to both Users.
7. OTHER LIABILITY PROVISIONS
7.1. Use of MeetFox services
MeetFox Users are not entitled to MeetFox services and features. MeetFox reserves the right to change or terminate functions, services, and/or all activities on the platform at any time for any reason. MeetFox makes no representations or warranties as to the reliability, punctuality, quality, or suitability of the MeetFox features and assumes no responsibility for the correct and error-free use of the services.
7.2. Display of user-generated content
MeetFox accepts no liability for the quality, content, suitability, and correctness of the service offered by Providers to their Customers. Providers are considered external vendors and are themselves responsible for the accuracy and legality of their specified content or service. The accuracy, timeliness, and legality of this content can therefore not be guaranteed. To the extent permitted by law, MeetFox assumes no responsibility for user-generated content, services offered, and related damages.
MeetFox does not vet any Provider nor does MeetFox check any specific qualifications, degrees, business licenses, or any other type of factual recognition of expertise.
Any claims due to incorrect information or non-existent qualifications are to be made against the Provider. The assessment of the competence of the Provider and the compliance with any advice given by the Provider are the sole responsibility of the Customer. To the extent permitted by law, Users hereby agree to bear the entire risk associated with the use of the services offered on MeetFox.
7.3. Use of user-generated content
Providers provide content about themselves that MeetFox may use and make it visible to other Users, whereby the rights to user content remain the property of the respective User. By uploading content such as text, photos, images, graphics, hyperlinks, and videos, Users grant MeetFox, a worldwide, perpetual, irrevocable, transferable, royalty-free, sub-licensable license, and the right to publish, store and share other utilization of the user content via all MeetFox distribution channels and marketing formats without the need to separately request of the User's permission.
The MeetFox platform and the content provided on MeetFox are the property of MeetFox and may be used by Providers solely for the purposes of offering their services on MeetFox. For this, MeetFox grants its Users a limited, non-exclusive, and non-transferable license. The rights for MeetFox and its designs, layouts, and program codes are owned exclusively by MeetFox and licensed third parties. MeetFox also runs a blog and may publish content without warranty of scientific accuracy. MeetFox is also not liable for the content of external websites or hyperlinks linked to MeetFox blog content or the content shared on our associated social media channels.
MeetFox always strives to achieve continued access to the MeetFox platform and all its associated features. The User acknowledges that shutdowns or malfunctions may occur, which may lead to temporary service outages/downtime to facilitate service maintenance or prevent the loss of User data or prevent damage to critical infrastructure. MeetFox, therefore, assumes no responsibility for unrestricted access or availability of the MeetFox scope of services.
MeetFox does not guarantee that there will be no unexpected performance delays or service outages. Users hereby agree to indemnify MeetFox, and all of its officers, employees, and contractors for all claims, losses, liability, damages, and costs (including attorney's fees) arising out of the use, receipt, and offering of services offered through MeetFox. This includes any claims for infringement or violation of the Terms by the User, the use of user-generated content, and the infringement of third-party rights. MeetFox shall not be liable for legal costs, costs incurred by the User for the lawyer's fees, or the costs of publishing judgments, claims for damages, or other claims of third parties.
The hereby described liability conditions do not restrict the consumer protection rights of the User as well as mandatory statutory provisions, the exclusion of which is not permitted by law.
8. CONTRACT DURATION
The contractual relationship is concluded for an indefinite period but can be terminated by MeetFox at any time without giving any reason. Users will need to inform us of the cancellation of a MeetFox account at least 24 hours prior to the end of their billing cycle to avoid additional service charges. Also, the premature termination of the contract does not entitle other material breaches of the contract.
9. DATA PROTECTION
The User agrees that his personal data such as first and last name, date of birth, address, telephone number, and email address, can be used for the express purpose of providing customer support to the User as well as for the own advertising purposes of MeetFox, including the sending of offers, messages, and newsletters (in electronic form). Also, such data can be used for the purpose of indicating the existing or former business relationship are automatically supported, stored, and processed.
The User agrees to be automatically enrolled in existing newsletters and other forms of marketing communication or product promotion upon successful completion of User registration. The User also agrees that electronic mail will be regularly sent to him for advertising purposes until further notice. This consent can be revoked at any time by writing an email to email@example.com or by communicating the request to unsubscribe from further communications via the MeetFox live chat service.