Please read these Terms of Service (the “Terms”) carefully. They're written by me, Peter Durlacher (“Company,” “I,” “me,” or “we”), and govern your use of the website located at peterdurlacher.com(the “Site”), the coaching services offered through the Site (“Coaching Services”), and my Privacy Policy(“Privacy Policy”). Together, the Site, the Coaching Services, and any related tools are the “Services.” By using the Services, you agree to be bound by these Terms. If you don't agree, please don't use the Services.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND ME THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION BELOW FOR DETAILS.
COACHING DISCLAIMER:Coaching is not therapy or medical treatment, and I am not a licensed therapist, psychologist, psychiatrist, or other medical professional. The information provided on this Site and through the Coaching Services is not a substitute for professional medical or mental health advice or treatment, and I will not diagnose, treat, prevent, or cure any mental disorder as part of the Coaching Services. Always seek advice from your physician, therapist, psychologist, psychiatrist, or other qualified healthcare provider before undertaking a new health regimen, and don't disregard or delay seeking medical care because of something you read or heard through the Services. You are responsible for your own physical, mental, and emotional choices and well-being, and you agree that I am not liable for any action, inaction, or result arising from the Coaching Services.
1. Coaching Services
The Services are designed to give you access to one-on-one career and workplace coaching from me directly (“Coaching Services”). I'm not a marketplace connecting you to a roster of independent coaches - when you book a session, you're booking time with me. You're responsible for assessing whether coaching, and specifically my approach to it, is the right fit for your goals; the free first session exists so we can both figure that out before you pay for anything.
Some parts of the Services - such as session transcription and AI-generated session notes - rely on automated processes, including AI models. I take reasonable steps to keep these features accurate and useful, but they may not always be accurate or suitable for your situation. These features are subject to the disclaimers in Section 13 (“Warranty Disclaimers”).
2. Who May Use the Services?
You may use the Services only if you are 18 years or older, capable of forming a binding contract, and not otherwise barred from using the Services under applicable law.
3. Accounts
Certain features require an account. Please provide accurate, complete, and current information and keep it up to date - if you don't, I might need to suspend or terminate your account. Accounts can be secured with a passkey or a one-time login code sent to your email. Keep your account credentials confidential and notify me right away of any unauthorized use. You're responsible for all activity that occurs under your account.
4. Privacy Policy
Please review my Privacy Policy, which also governs your use of the Services, for information on how I collect, use, and share your information.
5. Changes to These Terms or the Services
I may update these Terms from time to time. If I do, I'll post the updated Terms on the Site and, for material changes, try to let you know directly. Please review the Terms whenever you use the Services. Continuing to use the Services after updated Terms are posted means you accept the changes; if you don't agree, please stop using the Services. Because the Services evolve over time, I may change or discontinue all or part of them at any time and without notice, at my sole discretion.
6. Feedback
I appreciate feedback, comments, ideas, ratings, reviews, and suggestions related to the Services (“Feedback”). If you submit Feedback, you agree that I'm free to use it without restriction, including for marketing purposes, and without compensation to you.
7. Payments and Sessions
(a) General.When you make a purchase (a “Transaction”), you authorize me (or my third-party payment processor, Stripe) to charge you for it. I may ask for billing information, including your card details and billing address (“Payment Information”), and you may need to verify your identity. You represent that you have the legal right to use the Payment Information provided. By initiating a Transaction, you agree to the pricing and billing terms in effect at the time, as described on the Pricing page.
(b) Prepaid packages.You may purchase session credits upfront at the hourly rate for the package you select. Credits don't expire and can be used on your own schedule.
(c) Subscriptions.If you purchase a recurring subscription, you will be charged the applicable subscription fee, plus any applicable taxes (“Subscription Fee”), at the start of your subscription and each period thereafter, in exchange for session credits delivered on that schedule. I may update the Subscription Fee at any time by posting the updated fee on the Site; it becomes effective at your next billing cycle. By subscribing, you authorize recurring, non-refundable payments on the applicable billing cycle using your Payment Information until you cancel or I terminate your subscription. You're responsible for all subscription payment obligations that accrue before cancellation.
(d) Sliding scale.Standard rates aren't a fit for everyone. If cost is a barrier, reach out and I'll work with you to find a rate that makes sense - this is offered at my discretion on a case-by-case basis.
(e) Cancellations, rescheduling, and no-shows.Life happens - please give at least 24 hours' notice if you need to reschedule or cancel a session. Cancellations or no-shows within that 24-hour window incur a charge (or credit deduction) equal to 50% of the session fee.
(f) Refunds.Except as described here, all purchases are final. If you're unhappy with the Coaching Services for any reason, reach out- I'd rather hear about it and try to make it right than have you quietly walk away. I'll consider refund requests case by case, and whether to grant one is at my sole discretion. You will not receive a refund unless I approve the request. If something on my end prevents me from delivering a session you've paid for, I'll refund or re-credit that session.
8. Content
(a) Your Content.You may share messages, documents, or other material with me (excluding Feedback). During video sessions, I may use live transcription and AI-assisted note-taking to generate a summary of what we discussed; with your consent, specific sessions may also be recorded. These materials - whatever you share plus anything generated on your behalf during a session - are your “Content.” I don't claim ownership of your Content, and nothing here restricts any rights you have to it. I'll make reasonable efforts to retain your Content for a reasonable period, but I may delete it under my data retention practices (see the Privacy Policy), and I'm not responsible for Content that's removed or lost.
(b) My use of Content.I use your Content to provide the Coaching Services to you - for example, to prepare for sessions, track progress, and generate session notes. I don't use your individual session Content to train AI models or share it with third parties for their own purposes without your separate, explicit consent. See the Privacy Policy for more detail and your controls.
(c) Your responsibility for Content.You're responsible for your Content, including making sure it doesn't violate any law or these Terms. You represent that you have the rights needed to share it with me.
(d) My intellectual property.The Services may include content - written materials, frameworks, worksheets, and similar - that's subject to my intellectual property rights. I retain all rights to that content.
9. Testimonials and Reviews
After working together, you may be asked to share a testimonial or review of your experience. Testimonials must honestly reflect your individual experience and may not contain offensive or defamatory language. Testimonials are Feedback and reflect the views of the individual client, not any guaranteed outcome for you. If you believe a testimonial on the Site is misleading, let me know.
10. General Prohibitions
You agree not to:
- submit Content that infringes someone else's intellectual property, violates applicable law, or is fraudulent, defamatory, obscene, harassing, or threatening;
- copy, mirror, or frame the Services, my name, logo, or the layout of any page without my written consent;
- access or tamper with non-public parts of the Services or my systems;
- attempt to breach or test the vulnerability of any system or circumvent any security measure related to the Services;
- scrape or download content from the Services using anything other than standard, publicly available browsers;
- use the Services for any commercial purpose on behalf of a third party;
- attempt to decompile or reverse-engineer any software used to provide the Services;
- interfere with the Services through technical means, including viruses or denial-of-service attacks;
- collect personal information about other users of the Services without their permission; or
- use the Services to build or benchmark a competitive coaching product or service.
I have no general obligation to monitor the Services, but I may review content and remove or disable access to anything I consider, at my discretion, objectionable or in violation of these Terms.
11. Links to Third-Party Resources
The Services may link to third-party websites or tools (for example, a payment processor or calendar). I provide these links as a convenience and am not responsible for their content or practices. Your use of any third-party resource is at your own risk.
12. Termination
I may suspend or terminate your access to the Services, including your account, at my discretion. I'll try to give you notice first, except in cases like a clear breach of these Terms or violation of law, where I may act immediately. You may cancel your account at any time by contacting me. Sections that by their nature should survive termination - including Feedback, Payments (for amounts already owed), Content, General Prohibitions, Warranty Disclaimers, Indemnity, Limitation of Liability, Governing Law, Dispute Resolution, and General Terms - will survive.
13. Warranty Disclaimers
THE SERVICES AND ANY COACHING SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. I EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. I DON'T WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WHILE I TAKE CARE TO MAKE THE SERVICES ACCURATE AND HELPFUL, I DON'T GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION ON THE SERVICES, INCLUDING AI-GENERATED SESSION NOTES OR TRANSCRIPTS, AND I MAKE NO GUARANTEE ABOUT THE RESULTS YOU'LL ACHIEVE THROUGH COACHING.
14. Indemnity
You will indemnify, defend, and hold me harmless from any claims, disputes, demands, liabilities, damages, losses, and costs (including reasonable legal fees) arising out of or connected to (a) your access to or use of the Services, (b) your Content, or (c) your violation of these Terms. I have the right to control the defense of any such claim at your expense, and you won't settle any claim without my prior written consent.
15. Limitation of Liability
(A) TO THE MAXIMUM EXTENT PERMITTED BY LAW, I WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST DATA, OR SERVICE INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, REGARDLESS OF LEGAL THEORY AND EVEN IF I'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(B) TO THE MAXIMUM EXTENT PERMITTED BY LAW, MY TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU HAVE PAID ME FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVEN'T PAID ME ANYTHING.
(C) THESE EXCLUSIONS AND LIMITATIONS ARE A FUNDAMENTAL PART OF THE BASIS OF THE BARGAIN BETWEEN US.
16. Governing Law and Forum Choice
These Terms and any related dispute are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-laws rules. Except as set out in Section 17 (“Dispute Resolution”), the exclusive jurisdiction for any Disputes that aren't subject to arbitration will be the state and federal courts located in Pennsylvania, and you and I each waive any objection to jurisdiction and venue there.
Note: I currently live outside the U.S., which can raise additional legal questions (for example, around consumer-protection rules in your own country or mine). This section reflects the choice of law for the Services as a U.S.-market practice; nothing here should be read as final legal advice, and if you have questions about how local law applies to you, please raise them before booking.
17. Dispute Resolution
(a) Mandatory arbitration of disputes.Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services (“Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action. You and I agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that we're each waiving the right to a jury trial or to participate in a class action. This section survives termination of these Terms.
(b) Exceptions. As limited exceptions: (i) either of us may bring a qualifying dispute in small claims court, and (ii) either of us may seek injunctive or other equitable relief in court to prevent infringement or misappropriation of intellectual property rights.
(c) Arbitration rules.Arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party starting arbitration must submit a written Demand for Arbitration to the AAA and give notice to the other party as the AAA Rules require. Hearings will take place in the county where you live, unless we both agree to a different location. The arbitrator has exclusive authority to decide issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.
(d) Arbitration costs.Payment of filing, administration, and arbitrator fees is governed by the AAA Rules. I won't seek to recover the administration and arbitrator fees I'm responsible for paying, unless the arbitrator finds your Dispute frivolous. If I prevail, I'll pay my own attorneys' fees and costs and won't seek to recover them from you. If you prevail, you're entitled to attorneys' fees and expenses to the extent provided under applicable law.
(e) Class action waiver. YOU AND I AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If this specific provision is found unenforceable, then this entire Dispute Resolution section is null and void.
(f) Severability. Other than the Class Action Waiver, if an arbitrator or court decides any part of these Terms is invalid or unenforceable, the rest of these Terms will still apply.
18. General Terms
(a) Reservation of rights. I own all right, title, and interest in and to the Services, including associated intellectual property. The Services are protected by copyright, trademark, and other laws. You agree not to remove or obscure any proprietary notices on the Services.
(b) Entire agreement. These Terms are the entire agreement between us regarding the Services and replace any prior understanding about them. If a provision is held invalid, it will be enforced to the maximum extent permissible and the rest will remain in effect. You may not assign these Terms without my written consent; I may assign them freely.
(c) Notices.I'll give notices under these Terms by email or by posting to the Services. Notices sent by email are deemed received on the date sent.
(d) Waiver.My failure to enforce any right or provision of these Terms isn't a waiver of it. A waiver is only effective if made in writing.
19. Contact
Questions about these Terms or the Services? Email peter@peterdurlacher.com.