Please read these Terms carefully before using the BESA Coaching platform. By accessing or using our services, you agree to be legally bound by these Terms in their entirety.
Last updated: June 3, 2026 · Effective: May 23, 2026 · B.E.S.A
This document is effective immediately upon posting. Continued use of the BESA Coaching platform constitutes acceptance of the current version.
By accessing, browsing, registering for, or using the BESA Coaching website, mobile application, or any related services (collectively, the "Platform"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms"), our Privacy Policy, Cookie Policy, and all other policies, guidelines, and agreements incorporated herein by reference (collectively, the "Agreement").
If you are using the Platform on behalf of a business, organization, or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms, and references to "you" include both you individually and that entity. If you lack such authority, you may not use the Platform on behalf of that entity.
If you do not agree to these Terms in their entirety, you must immediately cease all use of the Platform. Your continued use of the Platform following any posted modifications constitutes your binding acceptance of the revised Terms.
As used throughout these Terms, the following definitions apply:
BESA Coaching is an online marketplace that connects Clients with independent Coaches for personal and professional development services. The Platform facilitates the discovery, booking, payment, and delivery of coaching services, programs, and live events.
BESA Coaching is a marketplace intermediary only. We are not a party to any coaching relationship, agreement, or transaction between Coaches and Clients. We do not employ Coaches, supervise their services, control their coaching methods, or guarantee the quality, accuracy, or outcomes of any coaching engagement. Each Coach is an independent contractor solely responsible for the services they provide.
BESA Coaching does not provide medical, psychological, therapeutic, legal, financial, or any other licensed professional services. Nothing on the Platform constitutes professional advice of any kind. See our Coaching Disclaimer for full details.
The Platform includes, but is not limited to: coach discovery and profiles, session booking and scheduling, secure messaging, video session integration via Zoom, program and course enrollment, live event ticketing, payment processing, session notes and goal tracking (Premium), and analytics tools.
To register for or use the Platform, you must meet all of the following requirements:
The Platform is not directed to individuals under 18. If you become aware that a minor has provided personal information to the Platform, contact us immediately at [email protected].
BESA Coaching reserves the right to refuse registration or access to any person at its sole discretion, including where eligibility requirements are not met or cannot be verified.
5.1 Registration. Access to most Platform features requires account registration. You agree to provide accurate, current, and complete information and to promptly update it as necessary. Providing false or misleading information is grounds for immediate account termination.
5.2 Account Security. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account, whether or not authorized by you. You agree to:
BESA Coaching is not liable for any loss or damage arising from your failure to maintain account security.
5.3 Account Types. The Platform supports three account types: (a) Client accounts for individuals seeking coaching services; (b) Coach accounts for independent coaching professionals; and (c) Administrator accounts for BESA Coaching staff. Each type carries different permissions and obligations.
5.4 One Account Per Person. Each individual may maintain only one account per account type. Creating multiple accounts to circumvent suspensions, bans, or other restrictions is strictly prohibited and may result in permanent termination of all associated accounts and forfeiture of any pending payouts.
5.5 Account Verification. BESA Coaching may require identity or credential verification at any time. Failure to complete verification within a reasonable timeframe may result in account suspension or restriction.
6.1 Qualifications and Credentials. Coaches represent, warrant, and covenant that:
6.2 Service Delivery Standards. Coaches agree to:
6.3 Platform Compliance. Coaches agree to:
6.4 Tax Obligations. Coaches are independent contractors and are solely responsible for determining, reporting, and paying all applicable taxes on income earned through the Platform, including federal and state income taxes, self-employment taxes, and any applicable sales, service, or VAT/GST taxes in their jurisdiction. BESA Coaching does not withhold income taxes on behalf of Coaches except as required by applicable law (see Section 9A for backup withholding obligations). Nothing in these Terms constitutes tax advice; Coaches should consult a qualified tax professional regarding their specific obligations. Coaches acknowledge that their failure to comply with applicable tax laws is solely their responsibility and does not create any liability for BESA Coaching.
6.5 Event and Program Obligations. Coaches who create Events or Programs through the Platform additionally agree to:
Clients who use the Platform agree to:
8.1 Subscription Requirement. Coaches must maintain an active subscription to list services, accept bookings, and access Platform features. BESA Coaching offers the following subscription tiers:
8.2 Billing. Subscription fees are billed in advance on a recurring basis (annually for Basic, monthly for Premium). By subscribing, you authorize BESA Coaching to charge your designated payment method on a recurring basis until you cancel. All fees are in U.S. Dollars.
8.3 Cancellation. You may cancel your subscription at any time through your account settings or by contacting [email protected]. Cancellation takes effect at the end of the current billing period. No prorated refunds are issued for unused subscription time, except as expressly required by applicable law.
8.4 Price Changes. BESA Coaching reserves the right to modify subscription pricing with at least 30 days' advance written notice. Continued use of the Platform after the effective date of a price change constitutes acceptance of the new pricing.
8.5 Failed Payments. If a subscription payment fails, BESA Coaching will attempt to retry the charge. If payment cannot be collected within 7 days of the due date, your account may be downgraded or suspended until payment is resolved.
9.1 Platform Commission Rate Schedule. BESA Coaching deducts a platform commission from the gross amount of each completed Transaction before disbursement. The applicable rate depends on the host type:
The commission covers platform infrastructure, payment processing, fraud prevention, customer support, marketing, and operational costs. Commission is calculated on the gross Transaction amount before any applicable taxes or fees.
9.2 Client-Hosted Community Events Approval Requirement. Registered Clients may propose Community Events through the Platform. All Community Event proposals are subject to BESA Coaching's prior written approval before publication. BESA Coaching reserves the right to approve, reject, or request modifications to any Community Event proposal at its sole discretion. Approval does not constitute BESA Coaching's endorsement of the event content, the host, or any representations made in the event listing. The 20% commission rate applies to all approved Community Events.
9.3 Payment Processing. All payments are processed through Stripe, Inc., our third-party payment processor. By using the Platform, you agree to Stripe's Terms of Service and Privacy Policy. BESA Coaching does not store full payment card numbers or sensitive cardholder data. Payment card information is tokenized and managed exclusively by Stripe.
9.4 Disbursement Schedule. BESA Coaching uses Stripe Connect to facilitate automated payouts. The disbursement schedule varies by transaction type as follows:
All payouts to coaches and client hosts are contingent on the recipient having completed Stripe Connect onboarding with charges and payouts enabled on their connected account. If a recipient has not completed Stripe onboarding at the time of payment, funds will be held by BESA Coaching and disbursed manually upon completion of onboarding. BESA Coaching reserves the right to modify the disbursement schedule with at least 30 days' advance written notice.
9.9 Banking Information. BESA Coaching maintains its primary operating and disbursement accounts with Bank of America, N.A. All platform revenue, commission receipts, and held funds are processed through BESA Coaching's Bank of America accounts prior to disbursement via Stripe Connect. This banking relationship is disclosed in accordance with applicable financial transparency requirements. BESA Coaching's banking details are not shared publicly beyond this disclosure; any party requiring formal banking verification for contractual or compliance purposes may contact BESA Coaching at [email protected].
9.5 Holds and Reserves. BESA Coaching may place a hold on disbursements in the following circumstances: (a) active dispute or chargeback; (b) suspected fraudulent activity; (c) compliance review; (d) violation of these Terms. Held funds will be released upon resolution of the underlying issue, less any amounts owed to BESA Coaching or refunded to Clients.
9.6 Chargebacks. If a Client initiates a chargeback with their payment provider, BESA Coaching reserves the right to withhold the disputed amount from the host's pending disbursement pending resolution. Hosts who experience excessive chargebacks may have their accounts reviewed, restricted, or terminated. Hosts agree to cooperate with BESA Coaching in responding to chargeback disputes.
9.7 Commission Rate Changes. BESA Coaching reserves the right to modify commission rates with at least 60 days' advance written notice to affected hosts. Continued use of the Platform after a commission rate change constitutes acceptance of the new rate.
9.8 Currency. All Transactions on the Platform are conducted in U.S. Dollars (USD) unless otherwise specified. International users are responsible for any currency conversion fees charged by their payment provider.
9A.1 Tax Form Submission Requirement. As a condition of receiving disbursements through the Platform, all Coaches must submit a valid tax form through the Platform's secure tax compliance portal:
9A.2 IRS $600 Reporting Threshold & 1099-NEC Issuance. BESA Coaching is required by U.S. federal law to report payments to independent contractors. The following rules apply:
9A.3 Backup Withholding (24%). Under U.S. federal law (IRC § 3406), BESA Coaching is required to apply 24% backup withholding on payments to Coaches in the following circumstances:
When backup withholding applies, BESA Coaching will deduct 24% from each payout and remit the withheld amount to the IRS on the Coach's behalf. Withheld amounts are reported on IRS Form 945 (Annual Return of Withheld Federal Income Tax). Coaches may be able to claim a credit for withheld amounts on their annual federal income tax return. BESA Coaching will provide documentation of amounts withheld upon request. Backup withholding is not a penalty — it is a tax prepayment mechanism required by federal law.
9A.4 International Coach Tax Obligations. Coaches who are not U.S. tax residents have the following additional obligations:
9A.5 Payment Eligibility Gate. A Coach's payment eligibility status is determined by their tax compliance status as follows:
9A.6 Record-Keeping. BESA Coaching retains all tax-related records, including submitted W-9/W-8 forms, withholding transaction records, and 1099-NEC filings, for a minimum of seven (7) years from the end of the relevant tax year, in compliance with IRS record-keeping requirements. Tax documents submitted by Coaches are stored in encrypted form and accessible only to authorized BESA Coaching compliance personnel.
9A.7 No Tax Advice. Nothing in this Section or elsewhere in these Terms constitutes tax, legal, or financial advice. BESA Coaching strongly recommends that all Coaches — particularly those operating internationally or earning significant income through the Platform — consult a qualified tax professional regarding their specific obligations. BESA Coaching's tax compliance obligations are limited to those imposed on it as a U.S.-based payment platform under applicable U.S. federal law.
10.1 Final Sale Policy. All Event ticket purchases made through the BESA Coaching Platform are final, non-refundable, and non-transferable once the transaction is completed. This policy applies regardless of the reason for non-attendance, including but not limited to: scheduling conflicts, illness, travel issues, change of mind, dissatisfaction with the event content, or any other personal circumstance.
10.2 No Exceptions for Buyer Circumstances. BESA Coaching will not issue refunds for tickets based on the purchaser's inability to attend, regardless of the reason. Purchasers are strongly encouraged to review all event details including date, time, format (in-person or virtual), location, host type, and content description before completing a purchase.
10.3 Host-Cancelled Events. The only circumstance under which a ticket refund will be issued is if the Event host (Coach, Client, or BESA Coaching) cancels the Event entirely and does not reschedule it within 30 days. In such cases, ticket purchasers will receive a full refund of the ticket purchase price. All refunds for cancelled events will be distributed to ticket holders within 14 days of the originally scheduled event date. BESA Coaching's platform commission is non-refundable in all circumstances.
10.4 Community Event Cancellation. If a Client-hosted Community Event is cancelled whether by the Client host, by BESA Coaching's revocation of approval, or for any other reason ticket purchasers will receive a full refund of the ticket purchase price. All refunds for cancelled Community Events will be distributed to ticket holders within 14 days of the originally scheduled event date. BESA Coaching's 20% commission is non-refundable. The Client host is not entitled to any disbursement for a cancelled Community Event.
10.5 Rescheduled Events. If an Event is rescheduled to a new date, ticket purchases remain valid for the rescheduled date. Refunds will not be issued solely because the rescheduled date is inconvenient for the purchaser. If a purchaser cannot attend the rescheduled date, they may request a credit toward a future BESA Coaching event at BESA Coaching's sole discretion this is not guaranteed.
10.6 Significantly Modified Events. If an Event is materially changed (e.g., format changed from in-person to virtual, duration reduced by more than 50%, or primary speaker/host changed), BESA Coaching will notify ticket holders and, at its sole discretion, may offer a partial credit or refund. This determination is made by BESA Coaching on a case-by-case basis and does not constitute a general refund right.
10.7 Technical Issues. BESA Coaching is not responsible for a purchaser's inability to access a virtual event due to the purchaser's own technical issues, internet connectivity, device compatibility, or software configuration. No refunds will be issued for such circumstances. If a platform-wide technical failure prevents access to a virtual event, BESA Coaching will work with the host to reschedule or provide a recording.
10.8 Ticket Resale Prohibited. Resale or transfer of tickets for commercial gain is prohibited without BESA Coaching's prior written consent. Tickets obtained through unauthorized resale may be cancelled without refund.
10.9 Acknowledgment. By purchasing a ticket, you confirm that you have read and understood this no-refund policy and agree to it as a condition of purchase. This policy is displayed prominently at checkout and constitutes a material term of the purchase agreement.
11.1 Final Sale Policy. All Program and Course purchases made through the BESA Coaching Platform are final and non-refundable once the transaction is completed. This applies to all program formats including multi-session coaching packages, self-paced digital courses, group coaching programs, recorded content libraries, and any bundled coaching products.
11.2 No Exceptions for Buyer Circumstances. Refunds will not be issued based on: change of mind, failure to use or access the program, dissatisfaction with content, scheduling conflicts, personal circumstances, or any other reason within the purchaser's control. Purchasers are strongly encouraged to review all program details including curriculum, format, duration, session schedule, and Coach profile before completing a purchase.
11.3 Access and Delivery. Upon purchase, Clients receive access to the Program as described in the listing. BESA Coaching and the Coach are responsible for delivering the Program as advertised. If a Program is not delivered as described due to Coach default (e.g., Coach fails to deliver sessions without reasonable cause), Clients may submit a dispute to BESA Coaching at [email protected] within 14 days of the missed delivery. BESA Coaching will investigate and may, at its sole discretion, issue a partial or full credit this does not constitute a general refund right.
11.4 Coach-Cancelled Programs. If a Coach cancels a Program before it begins and does not reschedule within 14 days, enrolled Clients will receive a full refund of the program purchase price. BESA Coaching's platform commission is non-refundable in all circumstances.
11.5 Partial Completion. No refunds or credits are available for partially completed programs, regardless of the reason for non-completion. Clients who discontinue participation in a Program forfeit all remaining sessions and content without compensation.
11.6 Digital Content. For Programs that include digital downloads, recorded content, or other digital materials, access is granted upon purchase. Due to the immediate and irrevocable nature of digital content delivery, all such purchases are final and non-refundable from the moment of access.
11.7 Acknowledgment. By purchasing a Program or Course, you confirm that you have read and understood this no-refund policy and agree to it as a condition of purchase. This policy is displayed prominently at checkout and constitutes a material term of the purchase agreement.
11A.1 EU / EEA / UK Consumers.
11A.2 Australian Consumers.
11A.3 Brazilian Consumers.
11A.4 Canadian Consumers.
11A.5 Japanese Consumers.
11A.6 South African Consumers.
11A.7 Singapore Consumers.
11A.8 Indian Consumers.
11A.9 All Other Jurisdictions. Nothing in Sections 10 or 11 overrides mandatory consumer protection rights you have under the laws of your country of residence. If an event or program is cancelled and not rescheduled within the applicable window, you are entitled to a full refund of the purchase price regardless of your jurisdiction. For jurisdiction-specific queries, contact [email protected].
Full jurisdiction-specific details are available in our standalone policies: Event Ticket Sale Policy and Online Program & Course Sale Policy.
The following applies specifically to individual one-on-one or group coaching sessions (not Events or Programs, which are governed by Sections 10 and 11):
12.1 Sessions Are Final. All booked coaching sessions are considered final upon confirmation. By completing a booking, you acknowledge and agree that the session is a binding commitment between you and your Coach.
12.2 Rescheduling at Coach's Discretion. Rescheduling of a confirmed session may be permitted at the Coach's sole discretion and is not guaranteed. A Coach may propose new session times through the Platform's reschedule request feature. Clients have no automatic right to reschedule, and a Coach's decision not to reschedule does not entitle the Client to a refund outside the standard cancellation windows set out below.
12.3 Unforeseen Circumstances. If you are unable to attend a session due to unforeseen circumstances outside your control, such as a medical emergency, family emergency, natural disaster, or other serious event, please contact our support team at [email protected] as soon as possible. Each request will be reviewed individually, and BESA Coaching will make reasonable accommodations where possible. Qualifying unforeseen circumstances include, but are not limited to:
Requests submitted under this provision must be made within 48 hours of the missed or affected session and may require supporting documentation at BESA Coaching's discretion. BESA Coaching's determination on all such requests is final.
Full details are set forth in our Refund & Cancellation Policy, which is incorporated into these Terms by reference.
The following conduct is strictly prohibited. Violations may result in immediate account suspension or permanent termination, forfeiture of pending payouts, removal of content, and civil or criminal legal action:
Identity & Misrepresentation
Platform Integrity
User Conduct
Legal Violations
14.1 BESA Coaching IP. The Platform and all of its components including its design, software, source code, algorithms, trademarks, service marks, logos, trade dress, and all related intellectual property are owned by or licensed to B.E.S.A and are protected by U.S. and international intellectual property laws, including the Copyright Act, Lanham Act, and applicable trade secret laws. No rights are granted to you except as expressly set forth in these Terms.
14.2 Restrictions. You may not, without BESA Coaching's express prior written permission: reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, reverse engineer, decompile, or disassemble any part of the Platform or its content.
14.3 User Content License. By submitting content to the Platform (including profile information, reviews, messages, session materials, and other user-generated content), you grant BESA Coaching a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, and create derivative works of such content, solely for the purpose of operating, improving, and promoting the Platform. You represent and warrant that you own or have the right to grant this license and that your content does not infringe any third-party rights.
14.4 Coach Materials. Coaches retain full ownership of their proprietary coaching materials, frameworks, methodologies, worksheets, and content. Clients receive a limited, personal, non-transferable license to use such materials solely for their own personal development. Clients may not reproduce, distribute, sell, sublicense, or commercialize Coach materials without the Coach's explicit written consent.
14.5 Feedback. Any feedback, suggestions, ideas, or recommendations you provide to BESA Coaching regarding the Platform may be used by BESA Coaching without restriction, compensation, or attribution to you.
14.6 DMCA. BESA Coaching respects intellectual property rights. To submit a copyright infringement notice under the Digital Millennium Copyright Act, contact [email protected] with the required DMCA information.
The Platform integrates with third-party services including Stripe, Inc. (payment processing), Zoom Video Communications (video conferencing), and others. Your use of these services is governed by their respective terms of service and privacy policies, which you are responsible for reviewing. BESA Coaching is not responsible for the availability, security, accuracy, or performance of any third-party service.
The Platform may contain links to third-party websites or resources. These links are provided for convenience only. BESA Coaching does not endorse, control, or assume responsibility for the content, privacy practices, products, or services of any third-party website. Accessing third-party links is at your own risk.
BESA Coaching is not responsible for any loss or damage arising from your use of or reliance on any third-party service, content, or website.
THE PLATFORM AND ALL SERVICES, CONTENT, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, B.E.S.A EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL B.E.S.A, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:
AGGREGATE LIABILITY CAP. IN NO EVENT SHALL BESA COACHING'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO BESA COACHING IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE) AND EVEN IF BESA COACHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BESA COACHING.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless B.E.S.A and its officers, directors, members, employees, agents, affiliates, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, liabilities, damages, losses, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
BESA Coaching reserves the right, at its own expense, to assume exclusive control of any matter subject to indemnification by you. You agree to cooperate fully with BESA Coaching's defense of any such claim and not to settle any such claim without BESA Coaching's prior written consent.
19.1 Informal Resolution First. Before initiating any formal dispute proceeding, you agree to contact BESA Coaching at [email protected] and attempt to resolve the dispute informally. Both parties agree to negotiate in good faith for a period of 30 days from the date of notice. Many disputes can be resolved quickly through direct communication.
19.2 Binding Arbitration. If informal resolution fails after 30 days, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or any services obtained through it including questions about the validity, enforceability, or scope of this arbitration agreement shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (available at www.adr.org), rather than in any court.
19.3 Arbitration Procedures. The arbitration shall be conducted by a single neutral arbitrator. The seat of arbitration shall be Virginia, United States, though hearings may be conducted by video conference. The arbitrator shall apply Virginia law. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The costs of arbitration shall be allocated per AAA rules.
19.4 Class Action Waiver. YOU AND BESA COACHING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this class action waiver is found unenforceable, the entire arbitration agreement shall be null and void.
19.5 Jury Trial Waiver. TO THE EXTENT ANY DISPUTE IS NOT SUBJECT TO ARBITRATION, YOU AND BESA COACHING EACH WAIVE ANY RIGHT TO A JURY TRIAL.
19.6 Exceptions. Notwithstanding the above, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration. Claims for intellectual property infringement may be brought in court without first proceeding through arbitration.
19.7 Opt-Out Right. You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you are opting out of arbitration. Opting out does not affect any other provision of these Terms.
19.8 Time Limitation. Any claim arising from or related to these Terms must be brought within one (1) year after the cause of action accrues, or it is permanently barred.
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States, without regard to its conflict of law principles or the United Nations Convention on Contracts for the International Sale of Goods.
To the extent any dispute is not subject to arbitration under Section 19, you irrevocably consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Virginia for the resolution of such dispute.
If you are accessing the Platform from outside the United States, you are responsible for compliance with all applicable local laws. The Platform is not directed to users in jurisdictions where its use would be prohibited by applicable law.
20.1 EU / EEA / UK Users. Nothing in these Terms limits any rights you have as a consumer under applicable EU, EEA, or UK law that cannot be excluded or limited by contract. In particular: (a) if you are an EU or UK consumer, you may have the right to bring proceedings in the courts of your country of residence; (b) the mandatory consumer protection laws of your country of residence apply to the extent they provide greater protection than Virginia law; (c) the EU Online Dispute Resolution platform is available at ec.europa.eu/consumers/odr; (d) the 14-day statutory right of withdrawal under the EU Consumer Rights Directive applies to digital service subscriptions, except where you have expressly requested immediate performance and acknowledged loss of the withdrawal right.
20.2 Australian Users. Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded or limited. Where the Australian Consumer Law applies, our liability for failure to comply with a consumer guarantee is limited, to the extent permitted by law, to re-supply of the services or payment of the cost of re-supply.
20.3 Canadian Users. These Terms are subject to applicable Canadian federal and provincial consumer protection legislation. Quebec residents may have additional rights under the Consumer Protection Act (Loi sur la protection du consommateur).
20.4 Brazilian Users. These Terms are subject to the Brazilian Consumer Protection Code (Código de Defesa do Consumidor — CDC) and the LGPD to the extent applicable. Mandatory consumer rights under Brazilian law are not waived by these Terms. Brazilian consumers have a 7-day right of withdrawal from online purchases under Article 49 of the CDC — see Section 11A.3 and our standalone Event Ticket Sale Policy and Online Program & Course Sale Policy for details.
20.5 Japanese Users. These Terms are subject to the Act on Specified Commercial Transactions (ASCT) and the Consumer Contract Act to the extent applicable. BESA Coaching provides required pre-contractual disclosure for mail-order sales. See Section 11A.5 for details.
20.6 South African Users. These Terms are subject to the Consumer Protection Act 68 of 2008 (CPA) to the extent applicable. Mandatory consumer rights under the CPA are not waived by these Terms. See Section 11A.6 for details.
20.7 Singapore Users. These Terms are subject to the Consumer Protection (Fair Trading) Act (CPFTA) and the Personal Data Protection Act 2012 (PDPA) to the extent applicable. See Section 11A.7 for details.
20.8 Indian Users. These Terms are subject to the Consumer Protection Act 2019 and the Digital Personal Data Protection Act 2023 (DPDP Act) to the extent applicable. BESA Coaching's Grievance Officer for Indian consumers: [email protected]. See Section 11A.8 for details.
20.9 Full Jurisdiction-Specific Policies. Detailed jurisdiction-specific consumer rights for event ticket and program purchases are set out in our standalone Event Ticket Sale Policy and Online Program & Course Sale Policy, which form part of these Terms.
21.1 Termination by You. You may close your account at any time through your account settings or by contacting [email protected]. Account closure does not relieve you of obligations incurred prior to termination, including payment obligations for completed transactions and any outstanding amounts owed to BESA Coaching.
21.2 Termination by BESA Coaching. BESA Coaching may suspend or permanently terminate your account, with or without prior notice, for any of the following reasons:
21.3 Effect of Termination. Upon termination: (a) your right to access the Platform ceases immediately; (b) BESA Coaching may delete your account data subject to our data retention obligations under applicable law; (c) any pending payouts may be withheld pending resolution of outstanding disputes, chargebacks, or compliance reviews; (d) all licenses granted to you under these Terms immediately terminate. The following sections survive termination: 2, 6.4, 9, 10, 11, 14, 16, 17, 18, 19, 20, and 22.
22.1 Entire Agreement. These Terms, together with the Privacy Policy, Cookie Policy, User Agreement, Refund & Cancellation Policy, No Show Policy, Coaching Disclaimer, and Standard Service Contract, constitute the entire agreement between you and BESA Coaching with respect to the Platform and supersede all prior agreements, representations, and understandings.
22.2 Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
22.3 Waiver. BESA Coaching's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of BESA Coaching.
22.4 Assignment. You may not assign or transfer your rights or obligations under these Terms without BESA Coaching's prior written consent. BESA Coaching may freely assign these Terms in connection with a merger, acquisition, sale of assets, or operation of law.
22.5 Force Majeure. BESA Coaching shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, government action, internet or telecommunications failures, or power outages.
22.6 Notices. BESA Coaching may provide notices to you via email to your registered address, through the Platform interface, or by posting on the Platform. You may provide notices to BESA Coaching at [email protected]. Notices are effective upon sending (for email) or upon posting (for Platform notices).
22.7 No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.
22.8 Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.
For questions, legal notices, or concerns regarding these Terms:
B.E.S.A Legal Department
Legal & Compliance: [email protected]
General Support: [email protected]
Billing & Payments: [email protected]
Privacy: [email protected]
BESA Coaching is operated by B.E.S.A. "BESA" stands for Believe, Empower, Strive, and Achieve.
This document is provided for informational purposes. For questions, contact [email protected]. Nothing on this platform constitutes legal advice.