
Terms and Conditions
Last updated: September 25, 2025
The following Terms and Conditions of Use (“Terms”) are entered into by and between You and Alice Hong Coaching, a sole proprietorship registered in Switzerland, with its principal address at Bergstrasse 12, 8142 Uitikon Waldegg, Switzerland and email love@alicehong.com (“Company,” “we,” or “us”).
These Terms, together with our Privacy Policy, Disclaimer, and any other documents expressly incorporated by reference, govern your use of the website www.alicehong.com (“Website”), including all materials, resources, information, and services on the Website, whether as a guest or registered user.
Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Website.
By accessing or using the Website you agree to be bound by these Terms, without modification, and acknowledge reading them. If you disagree with any part of the Terms, you may not access the Website.
PRIVACY POLICY
Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.
Alice Hong Coaching complies with the Swiss Federal Act on Data Protection (nFADP) and, where applicable, the General Data Protection Regulation (GDPR). By using the Services, you consent to the collection, processing, enrichment, and sharing of your data, including with subcontractors and third-party service providers, solely for the purpose of delivering the Services. You are responsible for safeguarding your own devices and networks when accessing the Services.
DATA ENRICHMENT AND SUBCONTRACTORS
To enhance the functionality of the Services, the Company may use third-party subcontractors and data enrichment tools operating solely under our direction. Such subcontractors are bound by confidentiality and data protection obligations and are not parties to this Agreement.
DEFINITIONS
For clarity, the following terms are defined:
“Account”: Any account you may create when registering to use specific Services or gated resources.
“Content”: Any and all text, data, images, graphics, photographs, videos, sounds, music, artwork, software code, and other materials provided through the Website or Services.
“Data”: Any information, including Personal Data, that you provide or that is collected from you in connection with your use of the Website or Services.
“Personal Data”: Any information relating to an identified or identifiable individual, as defined under applicable privacy laws.
“Third-Party Services”: Any services or products provided by entities other than the Company that are made available through our Website or Services.
DISCLAIMER
Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms.
USE OF THE WEBSITE
To access or use the Website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. Children under the age of 18 are prohibited from using the Website. Information provided on the Website and any resources provided on or available for download from the Website are subject to change. The Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. The Company disclaims all liability for any inaccuracy, error, or incompleteness in the information provided.
The Company reserves the right to withdraw or amend this Website and any service or material provided on the Website in its sole discretion without notice. The Company will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You agree not to use bots, scrapers, or automated tools to access or collect data from the Services; not to impersonate any person or misrepresent your affiliation; not to transmit malware, viruses, or other harmful code; and not to interfere with or disrupt servers or networks connected to the Services.
USER ACCOUNT RESPONSIBILITIES
If you create an Account, you agree to provide accurate, current, and complete information when registering and to update such information as necessary. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must notify us immediately if you suspect unauthorized use of your Account.
LAWFUL PURPOSES
You may use the Website for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only. You shall not post or transmit through the Website any material that violates or infringes the rights of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
USE OF FREE DOWNLOADABLE CONTENT
The Company may make resources on this Website accessible to users in exchange for providing an email address (“Gated Content”). The Company grants you a limited, personal, non-exclusive, non-transferable license to use the Gated Content for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the Gated Content in any manner.
By accessing or downloading the Gated Content, you agree that the Gated Content may only be used by you for your personal or internal business use and may not be sold or redistributed without the express written consent of the Company.
By accessing and/or downloading the Gated Content, you further agree that you shall not create any derivative work based upon the Gated Content and you shall not offer any competing products or services based upon any information contained in the Gated Content.
MATERIAL YOU SUBMIT TO THE WEBSITE
By posting, uploading, submitting, inputting, providing, or otherwise making available any artwork, photos, written works, or other media, including feedback and suggestions (collectively, “Submissions”), you are granting the Company, our affiliated companies, and any necessary sub-licensees a worldwide, nonexclusive, [irrevocable] license to use your Submission for promotional, business development, and marketing purposes including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
We claim no intellectual property rights over the Submissions you supply to the Company. You retain copyrights and any other rights you may rightfully hold in any Submissions that you submit through the Website.
You shall not upload, post, submit, input or otherwise make available on the Website any Submissions protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Submissions are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a Submission.
For all Submissions submitted by you to the Website, you automatically represent or warrant that you own or otherwise control all the rights to your Submission described herein including the authority to use and distribute the Submission, and that the use or display of the Submission as contemplated in this section will not violate any laws, rules, regulations, or rights of third parties. You agree to hold the Company harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you arising from Submissions you submit through the Website.
You further grant us the right to use your Submission for the purpose of improving our Website, products or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation for our use of your Submission. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion. If you do send us unsolicited ideas, such ideas will be deemed non-confidential, and we will not be required to provide any acknowledgment of their source.
REFUNDS AND CANCELLATIONS
Please carefully review your order before confirming your purchase. All sales are considered final. We do not offer refunds or exchanges for any products or services sold through https://alicehong.com, or third-party ticketing software (such as but not limited to EventBrite, TicketPark, EventFrog).
If you want to cancel your memberships or other subscriptions (this does not apply to payment plans), please contact us at love@alicehong.com at least five business days before the subscription renewal date. You will have continued access to the subscription resources and community until the renewal date.
OUR INTELLECTUAL PROPERTY
The Website contains intellectual property owned by the Company, including trademarks, copyrights, proprietary information, and other intellectual property. We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights, including but not limited to text, graphics, photographs, video, design, and packages, belonging to the Company or to our licensors (“IP”).
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website (the “Content”) strictly in accordance with these Terms of Use.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our IP, including reverse engineering in whole or in part, without our prior written consent. We reserve the right to immediately block your access to the Website and remove you from any service, without refund, if you are caught violating this intellectual property policy.
CHANGED TERMS
We may at any time amend these Terms, including our Privacy Policy and Disclaimers. The date of the last revision will be indicated by the “Last updated” date at the top of this page. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Website. We reserve the right to update any portion of our Website, including these Terms, at any time. If you continue to use our Website after we have made revisions, your continued use constitutes consent to the revised Terms, Privacy Policy and Disclaimers.
WARRANTIES
While we make every effort to ensure that the content on this Website is free from errors, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness or fitness for any particular purpose of the content and materials on this site beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, we provide our website and related information and services on an “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Alice Hong Coaching represents that it will comply with applicable laws, implement reasonable security measures, and make commercially reasonable efforts to ensure availability of the Services.
You represent and warrant that you have the legal authority to enter these Terms, that all information you provide is accurate and current, that you will comply with all applicable laws, and that your use of the Services will not infringe third-party rights or involve harmful activities.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR RESOURCES, PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE.
ADDITIONALLY, THE COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.
In no event shall the Company’s total liability to you exceed the total fees you have paid to the Company in the twelve (12) months preceding the claim.
AVAILABILITY
Your use of the Website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that our Website or any associated resources or services will be error-free, without interruption or delay, or free from defects in design. We will not be liable to you should our Website or the resources or services supplied through our Website become unavailable, interrupted or delayed for any reason.
MALICIOUS CODE
Although we endeavor to prevent the introduction of viruses or other malicious code (“malicious code”) to our Website, we do not guarantee or warrant that our Website, or any data available on the Website, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our Website does not expose your computer system to the risk of interference or damage from malicious code.
SECURITY
The security of your contact information is of utmost importance to us. However, you acknowledge the risk of unauthorized access to, or alteration of, your data. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this Website and the internet. We do not accept responsibility for any interference or damage to your computer system that may arise in connection with your access of this Website or any outbound hyperlinks.
THIRD-PARTY RESOURCES
The Website contains links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
The Company may, from time to time, provide information from a third party in the form of a guest post or interview, in written, audio, video, or another medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of your breach of any of these Terms, your use of the Website, its content, and any product or service purchased from the Website, or your failure to maintain the confidentiality and/or security of your password or access rights to this Website and its resources. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
You also agree to indemnify the Company and its subcontractors for claims that your use of the Services infringes intellectual property rights, privacy rights, or involves harmful or unlawful activities.
TERMINATION
You may terminate your use of the Services at any time by ceasing to access the Website. The Company may suspend or terminate your access without notice if you violate these Terms. Upon termination, provisions relating to intellectual property, disclaimers, indemnity, and limitation of liability shall survive.
EFFECT OF HEADINGS; SEVERABILITY
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of these Terms is held to be unenforceable or contrary to law, such portion shall be construed in accordance with applicable law so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect.
ENTIRE AGREEMENT; WAIVER
These Terms, together with the Privacy Policy and Disclaimers, constitute the entire agreement between you and the Company pertaining to the Website and supersedes all prior and contemporaneous agreements, representations, and understandings between us. Any waiver by us of a breach of or right under these Terms will not constitute a waiver of any other or subsequent breach or right. No waiver shall be binding unless executed in writing by the Company.
ASSIGNMENT
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
ADDED: FORCE MAJEURE
We shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in performance caused by or resulting from events beyond our reasonable control, including acts of God, flood, fire, earthquake, pandemic, epidemic, explosion, war, terrorism, governmental action, labor disputes, supply chain disruptions, power outages, or Internet or communications failures.
GOVERNING LAW; JURISDICTION; MEDIATION
These Terms, together with the Privacy Policy and Disclaimers, shall be construed in accordance with, and governed by, the substantive laws of Switzerland. The courts of Zurich, Switzerland, shall have exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms, unless mandatory consumer protection laws require otherwise. You agree that any proceeding relating to the use of this Website must be filed exclusively in Zurich and you submit to the jurisdiction of those courts.
The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including including arbitration or litigation in Zurich.
Arbitration Option: For disputes not resolved by mediation, the parties may agree to submit to binding arbitration under the Swiss Rules of International Arbitration, conducted in Zurich by a single arbitrator. Class actions and jury trials are waived. If arbitration is not applied exclusive jurisdiction lies with the courts of Zurich, Switzerland.
CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be conducted only on an individual basis and not as a class, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims or preside over any form of a representative or class proceeding. If the class action waiver is found unenforceable, the entire arbitration agreement shall be null and void.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms are reserved by us. If you do not see a usage scenario here that applies to your intended usage contact us at love@alicehong.com as well as for subscriptions/cancellations.
CONTACT INFORMATION
The owner of this website is Alice Hong Coaching, a sole proprietorship registered in Switzerland. You may contact us by email at love@alicehong.com or by post at Alice Hong Coaching, Bergstrasse 12, 8142 Uitikon Waldegg, Switzerland.
TERMS OF SERVICE
Financial Data Processing Terms of Service
Effective Date: 25 Sept 2025
1. Introduction
Welcome to Alice Hong Coaching (“we,” “us,” or “our”). These Terms of Service (“ToS” or “Agreement”) govern your access to and use of our services, including transformational coaching programs, retreats, workshops, online courses, private coaching, community memberships, and related educational resources and content, delivered in person or online (collectively, the “Services”). By accessing, using, or interacting with our Services, you (“User,” “you,” or “your”) agree to be bound by these ToS and our Privacy Policy, which is incorporated by reference into this Agreement. If you do not agree to these ToS, you must discontinue your use of the Services immediately.
This Agreement forms a legally binding contract between you and Alice Hong Coaching. Please read these ToS carefully. By accepting these ToS, you also acknowledge and accept the Arbitration Agreement contained in Section 15, which waives your right to a jury trial and to participate in class actions.
2. Definitions
“Account”: The account you create when you register to use our Services.
“Content”: Any and all text, data, images, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other materials provided through the Services.
“Data”: Any information, including Personal Data, that you provide or that is collected from you in connection with your use of the Services.
“Personal Data”: Any information relating to an identified or identifiable individual, as defined under applicable privacy laws.
“Sales Kick”: The platform provider we use as a subcontractor for processing and enriching your data, operating solely on our behalf and under our control. Sales Kick is not a party to this Agreement.
“Third-Party Services”: Any services or products provided by entities other than Alice Hong Coaching that are made available through our Services.
3. Acceptance of Terms
By accessing or using the Services, you affirm that you are at least 18 years of age, or the age of majority in your jurisdiction, and are capable of entering into a legally binding agreement. If you are using the Services on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these ToS.
4. Modification of Terms
We reserve the right, at our sole discretion, to modify, update, or change these ToS at any time. Such changes will be effective upon posting the updated ToS on our website or platform. You should review these ToS regularly. Your continued use of the Services after any changes to these ToS constitutes your acceptance of the revised ToS. If you do not agree to the new terms, you must stop using the Services immediately.
5. Services Overview
a. Description of Services
Alice Hong Coaching provides transformational coaching and mentoring services through a range of offerings, including in-person and online retreats, workshops, group programs, private coaching, online courses, community memberships, alumni circles, and related educational resources such as manuals, journals, and digital content. These Services are designed to empower individuals, particularly women to cultivate self-awareness, embodiment, emotional intelligence, and self leadership, enabling them to break free from limiting beliefs, deepen intimacy, and create sustainable transformation in their personal lives, relationships, and professional endeavors.
b. Third-Party Subcontractors
To enhance the functionalities of our Services, we use the Sales Kick platform as a subcontractor to process and enrich your data. Sales Kick operates solely under our direction and is not a party to this Agreement. You will not interact directly with Sales Kick, and your data will be processed as part of our integrated service offering.
c. Service Availability
While we strive to ensure the continuous availability of our Services, we cannot guarantee that the Services will be uninterrupted or error-free. We reserve the right to modify, suspend, or discontinue any part of the Services at any time without notice.
6. User Obligations and Conduct
a. Compliance with Laws
You agree to comply with all applicable laws, regulations, and industry standards when using the Services, including but not limited to privacy, data protection, intellectual property, and export control laws.
b. User Account Responsibilities
Account Information: You agree to provide accurate, current, and complete information when creating your Account and to update such information as necessary.
Security of Account: You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must notify us immediately if you suspect any unauthorized use of your Account.
c. Prohibited Activities
You agree not to:
Use the Services for any illegal, unauthorized, or prohibited purpose.
Infringe on the rights of others, including intellectual property rights.
Interfere with or disrupt the Services, servers, or networks connected to the Services.
Use any automated means (e.g., bots, scrapers) to access or collect data from the Services without our express permission.
Impersonate any person or entity or misrepresent your affiliation with a person or entity.
Use the Services to transmit any malicious software, viruses, or other harmful code.
Engage in any activity that could damage, disable, or impair the functioning of the Services.
7. Data Privacy and User Consent
a. Data Collection and Processing
Personal Data: We collect and process your Personal Data as part of providing the Services. This may include data you provide directly, data we collect automatically, and data we obtain from third-party sources.
Data Enrichment: Your data may be enriched through the Sales Kick platform, which processes your information on our behalf to enhance the accuracy, relevance, and utility of the Services we provide to you.
b. User Consent
By using our Services, you consent to:
The collection, processing, and sharing of your data as described in these ToS and our Privacy Policy.
The use of your data for the purpose of improving, customizing, and optimizing the Services, including through data enrichment and calendar management.
The sharing of your data with Sales Kick, our subcontractor, solely for the purpose of providing the Services.
The transfer of your data to and from third-party service providers, as necessary to deliver the Services.
c. Data Sharing and Disclosure
Subcontractors and Service Providers: We may share your data with subcontractors, including Sales Kick, who assist us in providing the Services. These parties are bound by confidentiality and data protection obligations and will not use your data for any purpose other than to perform the Services on our behalf.
Legal Compliance: We may disclose your data to comply with legal obligations, such as in response to court orders, legal processes, or government requests.
d. Data Security
Security Measures: We implement reasonable security measures to protect your data from unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.
User Responsibilities: You are responsible for safeguarding the device and network through which you access the Services. You should ensure that your software and systems are up to date and that you take appropriate precautions to protect your data.
8. Intellectual Property Rights
a. Ownership
All intellectual property rights in the Services, including but not limited to software, content, trademarks, and logos, are owned by Alice Hong Coaching or its licensors. Your use of the Services does not grant you any rights to our intellectual property, except for the limited rights necessary to use the Services in accordance with these ToS.
b. License to Use the Services
Subject to your compliance with these ToS, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.
c. Restrictions
You may not:
Copy, modify, distribute, sell, or lease any part of our Services or included software.
Reverse engineer or attempt to extract the source code of any software used in the Services, except as expressly permitted by applicable law.
Use any of our intellectual property, including trademarks, logos, or content, without our express written consent.
9. Representations and Warranties
a. User Representations and Warranties
You represent and warrant that:
Authority: You have the legal authority to enter into and comply with these ToS.
Accuracy of Information: All information you provide in connection with your use of the Services is accurate, complete, and current.
Compliance with Laws: You will comply with all applicable laws, regulations, and industry standards in your use of the Services.
No Infringement: Your use of the Services does not and will not infringe on the intellectual property, privacy, or other rights of any third party.
No Harmful Activities: You will not engage in any activity that is harmful to us, Sales Kick, our other users, or the general public, including the transmission of viruses, malware, or other harmful code.
b. Third-Party Client Representations and Warranties
Alice Hong Coaching represents and warrants that:
Compliance with Laws: We will comply with all applicable laws, including data protection and privacy laws, in providing the Services.
No Conflict: Our provision of the Services does not and will not conflict with any other agreement or legal obligation to which we are subject.
Data Security: We will implement reasonable security measures to protect your data and ensure that our subcontractors, including Sales Kick, comply with applicable data protection obligations.
Service Continuity: We will make commercially reasonable efforts to ensure the continuous availability of the Services, subject to the limitations set forth in these ToS.
c. Disclaimer of Warranties
Except as expressly provided in these ToS, the Services are provided "as-is" and "as-available" without any warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranties arising from course of dealing, course of performance, or usage in trade.
10. Limitation of Liability
a. Exclusion of Damages
To the fullest extent permitted by law, Alice Hong Coaching, Sales Kick, and their affiliates, officers, agents, employees, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or use, arising out of or related to your use of the Services, even if advised of the possibility of such damages.
b. Cap on Liability
In no event shall the total liability of Alice Hong Coaching, Sales Kick, and their affiliates to you for all claims arising out of or related to these ToS or your use of the Services exceed the amount you paid to us for the use of the Services in the 12 months preceding the claim.
c. No Liability for Third-Party Services
We are not responsible for any Third-Party Services made available through the Services. Your use of Third-Party Services is at your own risk, and we make no representations or warranties regarding such services.
11. Indemnification
You agree to indemnify, defend, and hold harmless Alice Hong Coaching, Sales Kick, and their affiliates, officers, agents, employees, partners, and licensors from any claim, demand, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
Your use of the Services.
Your breach of these ToS or violation of any applicable laws or the rights of a third party.
Any claims that your use of the Services infringes the intellectual property rights of a third party.
Any data or content you provide or create through the Services.
12. Termination
a. Termination by You
You may terminate your use of the Services at any time by ceasing to use the Services and, if applicable, closing your Account.
b. Termination by Us
We reserve the right to suspend or terminate your access to the Services at any time, without notice or liability, for any reason, including if we believe you have violated these ToS or engaged in unlawful behavior.
c. Effects of Termination
Upon termination of your access to the Services, your right to use the Services will immediately cease. Any provisions of these ToS that by their nature should survive termination will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Dispute Resolution and Governing Law
a. Governing Law
These ToS and any disputes arising out of or related to them will be governed by the laws of Zurich, Switzerland, without regard to its conflict of laws principles.
b. Arbitration Agreement
i. Arbitration
You and Alice Hong Coaching agree that any dispute, controversy, or claim arising out of or relating to these ToS, the Services, or any relationship between the parties, including claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved through binding arbitration using Swiss Rules of International Arbitration.
The arbitration shall be administered by the Swiss Arbitration Centre and conducted in Zurich, Switzerland by a single arbitrator with experience in resolving disputes related to the type of services provided by Alice Hong Coaching. The arbitrator's decision shall be final and binding on all parties.
The arbitration shall take place in Zurich, Switzerland, or at another mutually agreed location. If the amount in controversy does not exceed $10,000, you may choose to have the arbitration conducted by telephone, video conference, or based solely on written submissions, subject to the discretion of the arbitrator.
The parties shall share the costs of arbitration, including arbitrator fees, equally, unless the arbitrator determines that such apportionment is not appropriate given the circumstances of the case. Each party shall bear its own legal fees and expenses, unless the arbitrator awards legal fees and costs to the prevailing party under applicable law.
You agree that any arbitration or proceeding shall be conducted only on an individual basis and not as a class, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims or preside over any form of a representative or class proceeding.
If any portion of this Arbitration Agreement is found to be unenforceable, the remaining portions shall remain in full force and effect. However, if the class action waiver in this Arbitration Agreement is found to be unenforceable, the entire Arbitration Agreement shall be null and void.
In the event that this Arbitration Agreement is found not to apply to a dispute, you and Alice Hong Coaching agree that any non-arbitrable disputes shall be resolved exclusively in the state or federal courts located in Zurich, Switzerland and you consent to venue and personal jurisdiction in such courts.
Any arbitration proceedings, documents, and information exchanged between the parties in connection with such proceedings, and any final arbitration award, shall be strictly confidential, except as necessary to enforce or challenge the arbitration award in a court of law, or as required by law.
14. Miscellaneous
a. Entire Agreement
These ToS, together with our Privacy Policy, constitute the entire agreement between you and Alice Hong Coaching concerning the Services and supersede any prior agreements, whether written or oral.
b. Severability
If any provision of these ToS is found to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these ToS and shall not affect the validity and enforceability of any remaining provisions.
c. Waiver
No waiver of any term of these ToS shall be deemed a further or continuing waiver of such term or any other term, and Alice Hong Coaching’s failure to assert any right or provision under these ToS shall not constitute a waiver of such right or provision.
d. Assignment
You may not assign your rights or obligations under these ToS without our prior written consent. We may assign our rights and obligations under these ToS without restriction.
e. Force Majeure
We shall not be liable for any failure or delay in our performance under these ToS due to causes beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, strikes, supply chain disruptions, pandemics, power outages, or governmental restrictions.
f. Headings
The headings used in these ToS are for convenience only and have no legal or contractual effect.
g. Contact Information
For any questions or concerns regarding these ToS, please contact us at love@alicehong.com or by post at Alice Hong Coaching, Bergstrasse 12, 8142 Uitikon Waldegg, Switzerland.