AGB / Terms of Service

EMPIRICAL EXECUTIVE (EEX) – Terms & Conditions

Introduction

These Terms & Conditions govern your access to and use of EMPIRICAL EXECUTIVE (EEX) services by EPISTEMIST. By engaging with EEX whether through exploratory calls, coaching and advisory sessions, you agree to these Terms.

Scope of Services

EEX provides executive leadership coaching, methodological guidance, strategic reflection formats, decision-making frameworks, and developmental work with executive teams and organisations. The work includes co-creating strategic leadership and decision capabilities. All services emphasize knowledge transfer, structured reflection, and skill development. Service formats and schedules may be adapted to ensure personalised, developmental, and educational outcomes. Operational consulting or implementation services are out of scope.

Engagement & Responsibilities

Engagements with EPISTEMIST through EEX rely on accurate information, timely access, and active participation from the Client. The concrete scope of an EEX engagement is set out in an individual written agreement that defines the educational and advisory focus of the work, the expected time allocation, and the applicable fees. These individual agreements take precedence over these general Terms. EEX may adapt methods and formats as appropriate to support the Client’s developmental objectives.

Intellectual Property

All content, models, frameworks, tools, and materials created or provided by EEX remain the intellectual property of EPISTEMIST, unless otherwise agreed in writing. Clients may use the delivered methods, knowledge and documentation internally for their own organisational purposes. Reproduction, distribution, modification, or external publication requires prior written permission.

Confidentiality & Data Protection

All business, strategic, personal, and project-related information shared with EPISTEMIST through EEX is treated as strictly confidential. Personal data is handled in accordance with EU data protection laws and our Privacy Policy.

Pricing

Fees, payment terms, and invoicing cycles are defined individually for each engagement. Invoices are payable within the agreed payment period. Late or missing payments may result in suspension or termination of services.

Executive coaching and advisory sessions may be subject to time-based surcharges. Unless otherwise agreed, base pricing applies to sessions scheduled Monday to Friday between 07:00 and 19:00 CET/CEST. Sessions scheduled outside this window may incur a +25% surcharge, and sessions scheduled on weekends may incur a +50% surcharge.

The scheduled start time determines whether a surcharge applies. If a session begins within the base window, no surcharge applies even if it ends after 19:00.

Final price. The total fee for a live session (including any applicable surcharge) is always stated in the written offer or engagement confirmation and is the binding contractual price.

Time zone / DST. All times refer to CET/CEST (Berlin). Daylight-saving changes do not modify the pricing window; the local Berlin time on the service date applies.

VAT Notice: In accordance with §19 of the German VAT Act (UStG), no VAT is charged or shown on invoices. All listed prices are final.

Withdrawal – Consumers (B2C) only

If you engage EEX as a consumer, you have a statutory 14-day withdrawal right for distance contracts. By completing payment, you expressly request that EPISTEMIST begin performance immediately, i.e., before the end of the withdrawal period (§ 356 (4) BGB). For live sessions, performance begins upon payment through reservation of the agreed time slot, allocation of preparation capacity, and pre-session review.

If you withdraw after performance has begun but before the session starts, EPISTEMIST may charge proportionate compensation for services already rendered in accordance with § 357 (8) BGB.

Stage	Description	Value Share
1	Reservation & administration (from payment): reservation of the agreed time slot, allocation of preparation capacity	35 %
2	Pre-session review and preparation (opens two full administrative work days before the scheduled start)	35 %
3	Delivery at session start	30 %

Any excess amount already paid will be refunded.Once the session has started, the statutory withdrawal right no longer applies.

This withdrawal right does not apply to organizational (B2B) clients or self-employed professionals purchasing within the scope of their business activity.

Rescheduling and Cancellation (Contractual)

Rescheduling is free of charge when requested at least two full administrative business days before the scheduled start. Later rescheduling requests are handled at EPISTEMIST’s discretion.

Cancellations received at least two full administrative business days before the scheduled start are refunded in full. Cancellations received later than two full administrative business days before the start, as well as no-shows, are not refundable.

Administrative business days mean Monday to Friday, excluding public holidays in Baden-Württemberg (Germany). Weekends are not counted as administrative business days.

Limitation of Liability

EEX by EPISTEMIST provides professional executive coaching and advisory but does not guarantee specific financial, strategic, operational, regulatory, interpersonal, or organisational outcomes. EPISTEMIST is liable without limitation for intent, gross negligence, and for injury to life, body, or health. For simple negligence, EPISTEMIST is liable only for breaches of essential contractual obligations; in such cases, liability is limited to the foreseeable, typically occurring damage. Any further liability for simple negligence is excluded. Mandatory statutory rights remain unaffected.

Force Majeure & Outages

Force majeure. We are not liable for delay or non-performance caused by events beyond our reasonable control (force majeure), including but not limited to: widespread internet or cloud-provider outages; power failures; platform failures of videoconference tools; denial-of-service or other large-scale cyber incidents; epidemics/pandemics; governmental orders; strikes or lockouts not limited to our own business; fire, flood, severe weather, or other natural disasters. All times and deadlines are suspended for the duration of such events plus a reasonable restart period.

Provider-side outage (live sessions). If we cannot hold a live session due to provider-side failure or a widespread platform outage, we will (a) reschedule at no cost at the next feasible slot, or (b) if rescheduling is not possible, refund the session price. Client-side connectivity or device issues are not provider-side failures.

Client-side issues. Client-side connectivity, device, spam-filtering, storage limits, or access restrictions to the client’s chosen email address, other connectivity or meeting platform are not force majeure on our side and do not create a refund entitlement.

Notice & mitigation. Each party shall notify the other without undue delay when reasonably aware of an event affecting performance and shall take reasonable steps to mitigate its effects (e.g., switching to an alternative videoconference platform, re-sending messages, or proposing substitute times).

Provider rescheduling & postponement. EPISTEMIST may reschedule confirmed sessions or delivery windows in justified cases, including illness, family emergencies, unavoidable professional obligations, or other comparable events. We will notify clients as early as reasonably possible and offer a substitute time slot within a reasonable period. If rescheduling is not feasible within fourteen days of the original date, clients may opt for a refund. Such rescheduling or postponement does not constitute a breach of contract.

Business-day & time-zone reference. For administrative purposes (payment, communication, scheduling), “business day” means Monday to Friday, excluding public holidays in Baden-Württemberg (Germany). Sessions may also be held on weekends by specific agreement; applicable surcharges remain unaffected. All times refer to CET/CEST (Berlin).

Contract language. The authoritative contract language is German. This English version serves as a legally equivalent working translation for international readability. In case of inconsistencies, the German version shall prevail.

Governing Law & Dispute Resolution

These Terms are governed by the laws of Germany, without regard to conflict-of-law principles. Disputes should first be addressed through good-faith dialogue. If no resolution is reached, the courts at the provider’s registered seat have jurisdiction, unless mandatory law provides otherwise. For clients acting as consumers (B2C), the statutory venue rules apply. Under the Brussels Ia Regulation, consumers may bring claims either in Germany or in their country of habitual residence within the EU/EEA.

PRAXIS4 (PX4, PRAXIS TESSERA) Terms of Service – Contract Formation

Contract formation. Emails initiated via our website’s mailto links are non-binding inquiries. We reply with a binding offer stating the exact service, timeline, time zone (CET/CEST), and the final total price, together with a link to these Terms and our Privacy Notice. The contract is concluded only upon successful payment via the payment link contained in our offer. The contract date is the timestamp of our payment confirmation email.

(Brief German mirror, compact)

Vertragsschluss. Über unsere Website per mailto versandte E-Mails sind unverbindliche Anfragen. Wir antworten mit einem verbindlichen Angebot (Leistung, Zeitplan, CET/CEST, Endpreis) und Verweisen auf AGB und Datenschutz. Der Vertrag kommt erst mit erfolgreicher Zahlung über den im Angebot enthaltenen Zahlungslink zustande. Vertragsdatum ist der Zeitpunkt unserer Zahlungsbestätigung per E-Mail.

Performance & Withdrawal

Email Coaching

You have a statutory 14-day withdrawal right for distance contracts. By paying you expressly request that EPISTEMIST begin performance immediately, that is, before the 14-day withdrawal period ends (§ 356 (4) BGB). For email-coaching plans, performance begins upon payment, through reservation of your slot, creation of the coaching file, and preliminary analysis of your submitted material.

If you withdraw after performance has begun but before the reply is sent, you owe proportionate compensation for the value of services already rendered (§ 357 (8) BGB).

Transparent compensation schedule – Email Coaching

Stage	Description	Value share
1	Administrative setup & initial review (from payment)	30 %
2	In-depth analysis, conceptual work, literature check, drafting phase (opens when your input is validated and writing starts)	40 %
3	Delivery of one written coaching reply to your designated address	30 %

EPISTEMIST will refund any amount paid that exceeds the applicable compensation. Once the written coaching reply has been sent, the statutory withdrawal right expires. Our sent-message timestamp is decisive proof of completion. If a delivery bounces, we will re-send to the same address once it is reachable again. Our attempt to deliver to the address you provided constitutes proper performance; you are responsible for maintaining access to that mailbox.

Live Coaching Sessions

You have a statutory 14-day withdrawal right for distance contracts. By paying you expressly request that EPISTEMIST begin performance immediately, i.e., before the 14-day withdrawal period ends (§ 356 (4) BGB). For live sessions, performance begins upon payment through binding reservation of your exclusive time slot, capacity allocation, and pre-session preparation.

If you withdraw after performance has begun but before the session starts, you owe proportionate compensation for services already rendered (§ 357 (8) BGB).

Transparent compensation schedule – Live Sessions

Stage	Description	Value share
1	Reservation & administration (from payment)	35 %
2	Pre-session review & preparation (opens two full business days before the scheduled start)	35 %
3	Delivery at session start	30 %

EPISTEMIST will refund any amount paid that exceeds the applicable compensation. Once the session has started, the statutory withdrawal right no longer applies.

Cancellation (contractual) – separate from withdrawal

Rescheduling. Rescheduling of a confirmed live session is free of charge when the request is received at least two full business days before the scheduled start.
If the rescheduling request is received less than two full business days before the scheduled start, the decision to grant or deny the change is at the sole discretion of EPISTEMIST.

Cancellation. Cancellations that are received at least two full business days before the scheduled start qualify for a full refund. Cancellations that are received less than two full business days before the scheduled start are non-refundable.

Cancellation under this clause is distinct from the statutory withdrawal right. Once you have requested early performance and we have begun providing the service, the statutory withdrawal right is limited to proportionate compensation as above; after the session starts, it no longer applies.

Business-day definition. “Business day” means Monday to Friday, excluding public holidays in Baden-Württemberg (Germany). “Two full business days” means the two business calendar days immediately before the session date, counted in CET/CEST (Berlin). All times refer to CET/CEST.

No-show & early leaving. Failure to join within 15 minutes of start counts as no-show and is non-refundable. Once a live session has started, it is considered fully held even if the client leaves early; no partial refunds apply.

Technical requirements & outages. Clients provide a stable connection and functional equipment. Provider-side failures lead to reschedule or refund; client-side failures lead to no refund. Both sides attempt one rejoin if the connection drops.

Recording & conduct. No audio or video recordings without prior written consent of both parties. Sessions may be terminated without refund for abusive or illegal behaviour or safety concerns.

Proof of Performance and Retention

For email coaching, the sent-email record (timestamp + recipient address) together with payment confirmation serves as decisive evidence of performance.
For live sessions, platform join/leave logs and brief provider notes serve as evidence. EPISTEMIST may retain these minimal metadata records for up to 90 days after the last interaction to document performance and handle potential disputes, after which they are permanently deleted.

“Belehrung” (Withdrawal Information) – compact English version

Withdrawal Information (services)
You have the right to withdraw from this contract within 14 days of conclusion without giving any reason. To exercise the right of withdrawal, you must inform us (name, address, email) by a clear statement (e.g., email).

Early performance & consequences: By paying you expressly request us to begin performance immediately before the withdrawal period ends. If you withdraw after performance has begun but before the live session starts, you must pay proportionate compensation for the services already provided. The compensation is determined by the schedule agreed in our Terms (35 % reservation/admin from payment; 35 % pre-session preparation from two full business days before the session; 30 % at session start). Once the live session has started, your withdrawal right expires.

Refunds: We will reimburse you without undue delay and no later than 14 days from the day we receive your notice, minus any proportionate compensation owed. Reimbursement is made using the same payment method unless otherwise agreed. Model withdrawal form on request.

Terms of Service add-ons – Pseudonymity, Contact Address & Delivery

Pseudonymous use & contact address. You may use a pseudonym and any valid email address. You are responsible for (i) control and ongoing access to the email address you use for the inquiry and/or any address you later specify in writing, (ii) receiving our emails there, and (iii) checking spam/junk folders.

Delivery rule for email coaching. Unless you instruct a different address before payment, we will deliver the coaching reply to the email address used for your inquiry. For withdrawal and performance purposes, the service is deemed completed when we send the final coaching delivery to that address (outgoing timestamp in our sent folder). If a delivery bounces, we will re-send to the same address once available again. Our attempt to deliver to the address you provided constitutes proper performance; you remain responsible for maintaining access to that mailbox. Risk of non-receipt on pseudonymous/throwaway addresses. If you use a throwaway or restricted mailbox, you bear the risk of non-receipt caused by limited access, full mailbox, filters, or provider restrictions beyond our control. This does not limit our duty to re-send if we receive a delivery failure.

Live sessions – anonymity & attendance. Camera use is optional. Joining the meeting via the unique session link (audio-only permitted) counts as attendance. If identity cannot be reasonably verified and safety concerns arise, we may terminate or refuse the session; cancellations less than two full business days before session, no-shows, or early terminations during a session remain non-refundable.

Pricing Window & Surcharges (Live Sessions). Base prices apply to sessions scheduled Monday – Friday, 07:00 – 19:00 CET/CEST. A surcharge of +25 % applies to sessions scheduled outside 07:00–19:00 CET/CEST on weekdays; a +50 % surcharge applies to weekend sessions. The scheduled start time alone determines whether a surcharge applies. If a 60- or 90-minute session begins inside the base window, no surcharge applies even if it ends after 19:00.

The final total price, including any surcharge, is always stated in our offer email before payment and governs the contract. All PX4 prices are total consumer prices. In accordance with §19 of the German VAT Act (UStG), no VAT is charged or shown on invoices. All listed prices are final.

Time zone / DST. All times refer to CET/CEST (Berlin).
Daylight-saving changes do not affect the base window; we apply the local Berlin time on the service date.

Terms of Service clause – Email-coaching SLA & timing

Plan windows & delivery. Each purchase covers one coaching reply delivered within the plan’s service window:

Compact: within 4 business days after confirmed payment
Compact 24H: within 24 hours after confirmed payment
Deep Dive: within 4 business days after confirmed payment
Deep Dive 24H: within 24 hours after confirmed payment
Deep Dive for Couples: within 4 business days after confirmed payment
Coaching Complex: within 4 business days after confirmed payment

For administrative purposes (payment, communication, SLA counting), “business day” means Monday to Friday, excluding public holidays in Baden-Württemberg (Germany). Coaching sessions may also be held on weekends by separate agreement. All times refer to CET/CEST (Berlin).

Start trigger. The delivery window starts when both conditions are met: (i) payment received, and (ii) minimum input for the chosen plan is received (Compact / Compact 24H: at least 250 words; Deep Dive / Deep Dive 24H: at least 500 words; Deep Dive for Couples: at least 600 words; Coaching Complex: at least 600 words, one topic, in one message). The minimum input must be in one message and topic-focused.

Insufficient input / clock pause. If the minimum input is missing, split across multiple unrelated topics, or unclear, the SLA clock does not start. We will request a short clarification/merge; the clock starts when the minimum input is complete.

One topic per booking. A booking covers one topic (coherent issue). New topics require a new booking.

Completion event. The service is completed when we send one coaching reply to the email address used for your inquiry within the plan window. Our sent-mail timestamp is decisive proof of completion. If delivery bounces, we will re-send to the same address once reachable; proper performance is the send to the address you provided.

SLA miss remedy (provider-caused). If we miss the plan window for reasons attributable to us:

24H plans → automatic downgrade to the corresponding 4 business days plan + refund of the price difference;
4 business days plans → 10 % goodwill refund of the plan price.
This remedy is exclusive and does not apply where the delay results from missing/late client input, force majeure, or outages beyond our control.

Force majeure / outages. We may suspend the window for events beyond our reasonable control (e.g., widespread outages, illness). We will notify you and deliver at the soonest reasonable opportunity.

Edge-case clarifiers

Multiple emails from client about the same topic before we reply: We consider the latest message that satisfies the minimum input as the start reference; prior messages are background only.
Two unrelated topics in one long email: We’ll ask to pick one for this booking; the other requires a new booking.
Client asks for “quick feedback” before delivery: Not included; one booking = one reply.

Liability & Self-Responsibility

Contract type. PX4 services are rendered as services (Dienstvertrag, § 611 BGB). No specific outcome or result is owed. Our input consists of professional recommendations; decisions and actions remain the client’s responsibility.

Client responsibility & suitability. The client participates on their own responsibility and confirms normal psychological resilience and fitness to take part. Coaching is not psychotherapy or medical treatment and does not replace it. Where clinical or crisis issues arise, the client must seek appropriate medical/therapeutic help.

Reliance on client information. We deliver on the basis of the information and materials provided by the client. The client is responsible for their accuracy, completeness, and legality. We are not liable for disadvantages resulting from incomplete, inaccurate, or withheld information.

Limitation of liability. We are liable without limitation for intent and gross negligence, and for injury to life, body, or health. For simple negligence, we are liable only for breach of essential contractual duties (cardinal obligations)-i.e., duties whose fulfilment enables proper performance of the contract and on which the client regularly relies. In these cases, liability is limited to the foreseeable, typically occurring damage. Any further liability for simple negligence is excluded.

No indirect or special losses. To the extent permitted by law, we are not liable for indirect damages, pure economic loss, lost profit, or consequential damages.

Digital delivery and communication. For email coaching and online sessions, the client is responsible for maintaining access to their chosen email address and the technical means to join sessions. Transmission risks outside our control (e.g., client-side filters, storage limits, or third-party outages) do not create liability; our proof of send (email) or session logs (live) are decisive evidence of performance.

Mandatory rights preserved. Statutory rights-particularly those under consumer law (including withdrawal where applicable) and non-waivable liability-remain unaffected.

Intellectual Property & Usage

Ownership. All coaching content we create – including written email replies, exercises, frameworks, slides, and session notes – remains the intellectual property of EPISTEMIST. Our pre-existing methods, templates, and know-how are fully reserved.

License to the client (private use). Upon full payment, we grant you a non-exclusive, non-transferable, worldwide license to use the delivered materials for your own private, non-commercial purposes without time limit. You may store, print for your own use, and consult them for personal development. Any publication, distribution, disclosure to the public, or commercial use (including posting online, in forums, or social media) requires our prior written consent.

What you may share privately. You may privately share extracts one-to-one with a trusted person directly involved in your personal wellbeing (e.g., physician, therapist, lawyer, or partner), provided that (i) sharing is strictly non-public, (ii) you share only what is necessary, and (iii) the recipient keeps it confidential.

No training, text-mining, or datasets. Our materials may not be used to train machine-learning models, build datasets, or for automated text- and data-mining without our prior written consent.

Recordings. Audio or video recordings are not permitted unless both parties agree in writing beforehand. If a recording is agreed, (i) the recording file remains our property unless otherwise agreed, (ii) we grant you a private, non-transferable playback right, and (iii) storage, access, and deletion timelines are defined in writing for that specific recording.

Client content – rights you grant us. You retain ownership of the information and materials you provide. You grant EPISTEMIST a limited, non-exclusive license to use your submitted content solely to deliver the coaching service (including review, analysis, and internal documentation). You warrant that you have the necessary rights to share such content with us.

Anonymity & testimonials. We do not publish your content or identity. Any testimonial, case study, or quote (even anonymized) will be used only with your explicit written consent.

Third-party materials.
If we recommend or excerpt third-party works (e.g., book passages, articles), those remain the rights of their respective owners. Your use of such material is subject to the owner’s terms and applicable law (e.g., fair use/quotation rights).

Remedies.
Unauthorised publication or commercial use may entitle us to injunctive relief and damages under applicable law. We prefer amicable resolution first; please contact us if in doubt about a specific use.

Confidentiality & Data Security (summary). All information shared with EPISTEMIST in the course of coaching is treated as strictly confidential. We use your personal and case data solely to provide the agreed service and in accordance with our Privacy Policy available on the website. You may use a pseudonym and any valid email address. Unless you choose otherwise, communication takes place under that alias.

The full Privacy Policy (including information on data processing, special categories of data, retention, and your GDPR rights) is maintained and updated through our external provider (IONOS) and forms an integral part of these Terms by reference.

Client Cooperation & Scope of Coaching

Nature of coaching. PX4 provides psychological coaching, not psychotherapy or medical treatment. Coaching is an educational and developmental process that supports reflection, goal-clarity, behavioural training and change in everyday and professional contexts. It assumes psychological stability and self-responsibility. It does not diagnose, treat, or heal illnesses and cannot replace psychotherapy, medical care, or crisis intervention.

Client participation. Coaching is a co-creative personal development process that requires active participation. The client remains responsible for applying insights, making decisions, and taking actions between and after sessions. Results depend on the client’s commitment and honesty; specific outcomes or improvements are not guaranteed.

Information accuracy. Coaching is based on the information you provide. You confirm that all information is accurate, complete, and lawful to the best of your knowledge. We are not responsible for disadvantages arising from omitted or misleading information.

Readiness & boundaries. You agree to engage in self-reflection and to respect the non-therapeutic boundaries of coaching. If clinical or crisis issues arise (e.g., acute depression, self-harm tendencies, psychosis, or addiction), you will seek appropriate medical or psychotherapeutic help. We may pause or refuse coaching that exceeds the scope of our professional competence or raises ethical or safety concerns.

Relationship of equals. The coaching relationship is built on trust and equality. The coach acts as a facilitator and process guide; responsibility for decisions and change lies with the client.

Force Majeure & Outages

Provider-side outage (email coaching). If a provider-side outage prevents timely delivery within the plan window, the window is paused during the outage and resumes when service is restored. If restoration is not feasible within a reasonable time, we will either complete delivery as soon as reasonably possible or refund proportionately in line with the staged compensation rules.

Client-side issues. Client-side connectivity, device, spam-filtering, storage limits, or access restrictions to the client’s chosen email address or meeting platform are not force majeure on our side and do not create a refund entitlement. We will re-send email deliveries to the same address once it is reachable; joining late due to client-side issues does not extend the booked slot.

Business-day & time-zone reference. For administrative purposes (payment, communication, SLA counting), “business day” means Monday to Friday, excluding public holidays in Baden-Württemberg (Germany). Coaching sessions may also be held on weekends by separate agreement. All times refer to CET/CEST (Berlin).

Governing law. These Terms and any contract concluded under them are governed by the laws of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection laws at the client’s habitual residence remain unaffected.

Venue (jurisdiction). For consumers, the statutory venue rules apply – meaning that legal actions may be brought either in Germany or in the consumer’s country of residence within the EU/EEA, in accordance with the Brussels Ia Regulation. For business clients (B2B), legal entities under public law, or special funds under public law, the exclusive place of jurisdiction is the competent court at EPISTEMIST’s registered seat in Germany.

Severability. If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions remain in effect. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the parties’ intent. The same applies to any gaps.