These Terms of Use ("Terms") form a legally binding agreement between you ("you", "User") and [LEGAL ENTITY NAME], a company registered in the Netherlands (KvK [NUMBER]), with its registered office at [REGISTERED ADDRESS], Amsterdam, the Netherlands ("GhostCoach", "we", "us", "our").
By creating an account, starting a trial, or otherwise accessing or using GhostCoach (the "Service"), you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Service.
GhostCoach provides an AI-driven business-coaching tool ("Marcus") designed to help solopreneurs building subscription software products think through commercial questions such as pricing, positioning, customer acquisition, and retention.
The Service is delivered through a web interface and is provided on a subscription basis.
Marcus is an artificial intelligence system, not a human coach. All responses you receive from Marcus are generated by a large language model. Marcus does not have personal experience, emotions, or independent judgment, and may produce information that is incomplete, outdated, or incorrect.
We comply with the disclosure requirements of Regulation (EU) 2024/1689 (the "EU AI Act"). The fact that you are interacting with an AI system is clearly communicated to you throughout the Service.
This is the most important clause in these Terms. Please read it carefully.
4.1 The Service provides general business information and suggestions only. Marcus's outputs are for informational and educational purposes.
4.2 Marcus does not provide, and the Service does not constitute:
4.3 No relationship of professional adviser–client, attorney–client, accountant–client, fiduciary, or coach (in any regulated sense) is created between you and GhostCoach by your use of the Service.
4.4 You must obtain independent qualified professional advice before acting on any matter that involves legal, tax, financial, regulatory, employment, medical, or other specialist considerations. You must not rely on Marcus's outputs as a substitute for such advice.
4.5 You acknowledge that Marcus may produce outputs that are inaccurate, incomplete, unsuitable for your situation, or wrong. You are solely responsible for evaluating Marcus's outputs and for any decision you take in connection with them.
5.1 The Service is offered exclusively to persons who:
5.2 By using the Service you confirm that you are acting in a professional capacity in connection with your business activities. The Service is not intended for consumers within the meaning of Article 6:230g(1)(a) of the Dutch Civil Code or Article 2(1) of Directive 2011/83/EU.
5.3 If you nonetheless qualify as a consumer under mandatory applicable law, the consumer provisions in Section 9 apply, and these Terms apply only to the extent that they do not derogate from mandatory consumer protection rights.
6.1 You must provide accurate registration information and keep it up to date. You are responsible for all activity under your account and for safeguarding your login credentials. Notify us immediately at [SUPPORT EMAIL] if you suspect unauthorised access.
6.2 You agree not to use the Service to:
6.3 We may suspend or terminate your account for breach of this Section without refund.
7.1 The Service is offered on the following plans, with prices as displayed on our pricing page at the time of purchase:
7.2 All prices are exclusive of VAT unless stated otherwise. VAT is applied at checkout at the rate applicable to your country of residence in accordance with the EU One-Stop Shop (OSS) scheme.
7.3 Payment is processed by Stripe. By providing payment details, you authorise us (via Stripe) to charge the applicable amounts.
7.4 Monthly Subscriptions renew automatically at the end of each billing cycle until cancelled. By starting a Subscription, you expressly authorise these recurring charges.
7.5 We may change prices for new or renewing Subscriptions on at least 30 days' notice by email. Lifetime plans are not subject to price changes after purchase.
8.1 A 14-day Trial is available to new users. Starting a Trial requires a valid payment method.
8.2 At the end of the Trial (on day 15), your payment method will be charged automatically for the Subscription tier you selected, unless you cancel before the Trial ends. This conversion is disclosed to you at the point of sign-up and is an essential feature of the offer.
8.3 You may cancel at any time during the Trial through your account dashboard. Cancellation before day 15 prevents any charge.
8.4 Each user is entitled to one Trial. We reserve the right to refuse a Trial to any user who has previously held a Trial or Subscription.
9.1 For Users acting as Consumers (if any). If, contrary to Section 5, you qualify as a consumer under EU law, you have a statutory right of withdrawal for 14 days from the conclusion of the contract under Article 6:230o of the Dutch Civil Code.
9.2 Express waiver of withdrawal right. Because the Service is digital content/services delivered immediately, at checkout you will be asked to: (a) expressly consent to the immediate performance of the Service during the 14-day withdrawal period; and (b) acknowledge that, by doing so, you lose your right of withdrawal once the Service has been fully performed, in accordance with Article 6:230p(d) of the Dutch Civil Code.
If you do not provide this consent, the Service will not be made available to you within the 14-day period.
9.3 Cancellation of Subscription. You may cancel a recurring Subscription at any time through your account dashboard. Cancellation takes effect at the end of the then-current billing cycle. You retain access until the end of the period you have paid for. We do not pro-rate or refund partial billing periods.
9.4 No refunds. Except where required by mandatory applicable law, all payments are non-refundable. This includes (without limitation) cases where: (a) you change your mind after the withdrawal period has expired or after expressly waiving it; (b) you do not use the Service after subscribing; (c) you forget to cancel before a renewal; (d) you are dissatisfied with the recommendations or outputs Marcus provides.
9.5 Lifetime plans entitle you to access the Service for as long as we continue to operate the Service. The Lifetime plan is non-refundable after the 14-day period or upon waiver under Section 9.2. We may discontinue the Service in accordance with Section 16.
10.1 Our IP. GhostCoach, the Marcus AI assistant, the Ghost OS framework, the Marcus system prompt, our coaching methodologies, website, branding, copy, and all related materials are owned by us or our licensors and are protected by copyright, trade mark, and other intellectual property laws. Nothing in these Terms transfers any of our intellectual property rights to you. You are granted a limited, non-exclusive, non-transferable, non-sublicensable licence to use the Service for your own internal business purposes for the duration of your Subscription.
10.2 Your Content. You retain ownership of any Content you submit to the Service.
10.3 User Outputs. Subject to your payment of fees and compliance with these Terms, we grant you ownership of the User Outputs that Marcus generates specifically for you in your session, to the maximum extent that ownership is legally possible in AI-generated material. You acknowledge that, due to the nature of generative AI, similar or identical outputs may be generated for other users, and we make no warranty that User Outputs are unique to you.
10.4 Licence to us. You grant us a worldwide, royalty-free, non-exclusive licence to host, store, process, and display your Content as necessary to provide the Service to you. We may use anonymised and aggregated data derived from your use of the Service to operate, improve, and develop our products. We will not use your identifiable Content to train third-party AI models or for any purpose unrelated to providing or improving the Service.
10.5 Feedback. Any suggestions, ideas, or feedback you provide to us may be used by us freely and without obligation to you.
The Service depends on third-party services including (without limitation) Anthropic, Stripe, Memberstack, Airtable, Make.com, Beehiiv, and Netlify. We are not responsible for the availability, performance, or actions of these third parties, except as required by their respective contracts with us. Any disruption caused by a third-party service does not entitle you to a refund, except as set out in these Terms.
12.1 To the maximum extent permitted by law, the Service is provided "AS IS" and "AS AVAILABLE", with all faults and without warranty of any kind, whether express, implied, or statutory.
12.2 We specifically disclaim, to the maximum extent permitted by law, all implied warranties, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, uninterrupted use, and security.
12.3 Without limiting the foregoing, we make no warranty or representation that:
This is a critical clause. By using the Service you accept these limitations.
13.1 You alone are responsible for your business decisions. The Service is a tool that provides information and suggestions. You make the decisions. You bear the consequences. Any decision you take in respect of your business — whether or not influenced by Marcus's outputs — is your sole responsibility.
13.2 No liability for business outcomes. To the maximum extent permitted by law, GhostCoach, its founders, directors, officers, employees, agents, contractors, suppliers, and licensors shall not be liable to you or any third party for any loss, damage, claim, or liability arising out of or in connection with:
(a) the failure, decline, underperformance, insolvency, bankruptcy, dissolution, or closure of your business or any business venture;
(b) loss of profits, revenue, sales, customers, goodwill, opportunity, savings, anticipated savings, contracts, or business expectations;
(c) business interruption, downtime, or operational disruption;
(d) wasted expenditure, sunk costs, or wasted management or staff time;
(e) regulatory fines, tax assessments, penalties, or sanctions incurred by you;
(f) third-party claims brought against you, including by your customers, employees, contractors, investors, or counterparties;
(g) reputational or brand damage;
(h) loss, corruption, or unavailability of data;
(i) decisions you took on the basis of Marcus's outputs or on the basis of your interpretation of those outputs;
(j) any indirect, incidental, special, consequential, exemplary, or punitive damages, however caused and on any theory of liability (contract, tort including negligence, statute, or otherwise), whether or not we were advised of the possibility of such damages.
The exclusions in (a) to (j) apply regardless of whether the loss is direct or indirect.
13.3 Aggregate liability cap. To the extent that any liability of GhostCoach is not validly excluded under Section 13.2, our total aggregate liability to you for all claims arising out of or in connection with the Service and these Terms, in any twelve-month period, shall not exceed the lesser of: (i) the total amount of fees actually paid by you to us in the twelve months immediately preceding the event giving rise to the claim; or (ii) €500.
13.4 What is not excluded. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under Dutch or other applicable mandatory law, including liability for intent (opzet) or conscious recklessness (bewuste roekeloosheid) on the part of GhostCoach, or for death or personal injury caused by GhostCoach's negligence.
13.5 Allocation of risk. You acknowledge that the pricing of the Service reflects this allocation of risk, and that without these limitations the Service could not be offered at the prices charged.
You agree to indemnify, defend, and hold harmless GhostCoach and its founders, directors, officers, employees, and contractors from and against any third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
15.1 You may terminate your Subscription at any time as set out in Section 9.
15.2 We may suspend or terminate your account immediately, with or without notice, if: (a) you breach these Terms; (b) we reasonably suspect fraud, abuse, or unlawful use; (c) payment fails and is not remedied within a reasonable period; or (d) required by law.
15.3 On termination, your right to access the Service ends. Sections 4, 10, 12, 13, 14, 17, and 18 survive termination.
We may modify, suspend, or discontinue all or part of the Service at any time. We will give reasonable advance notice (by email or in-product) where a material change adversely affects active paying users. If we permanently discontinue the Service and you hold an active prepaid plan (including Lifetime), we will refund the unused portion on a pro-rata basis (for Lifetime plans, based on a notional five-year term from purchase).
We may update these Terms from time to time. The "Last updated" date reflects the latest revision. For material changes, we will notify active users by email at least 14 days before the change takes effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not accept the changes, your remedy is to cancel your Subscription before the effective date.
18.1 These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of the Netherlands, excluding its conflict-of-laws rules and excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
18.2 Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands, save that, where you qualify as a consumer under mandatory applicable law, you may also bring proceedings in the courts of your country of residence as required by that law.
18.3 Online dispute resolution (consumers only). The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. We are not obliged to participate in alternative dispute resolution proceedings before a consumer arbitration board.
19.1 Entire agreement. These Terms, together with the Privacy Policy and any plan-specific terms displayed at checkout, constitute the entire agreement between you and us regarding the Service.
19.2 No waiver. Failure to enforce any provision is not a waiver of our right to do so later.
19.3 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision is replaced with a valid provision that most closely reflects the original intent.
19.4 Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, reorganisation, or sale of assets.
19.5 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including failures of third-party services, internet disruption, regulatory action, or acts of God.
19.6 Notices. Notices to us must be sent to [LEGAL CONTACT EMAIL]. Notices to you may be sent to the email address associated with your account.
19.7 Language. These Terms are drafted in English. Any translation is for convenience only. The English version prevails in case of inconsistency.
For questions about these Terms or the Service:
[LEGAL ENTITY NAME] [REGISTERED BUSINESS ADDRESS] Amsterdam, The Netherlands KvK: [KVK NUMBER] | BTW: [BTW NUMBER] Email: [SUPPORT / LEGAL EMAIL]