Terms & Conditions
Terms & Conditions
Coaching Services · Programs · Digital Products · AI-Supported ToolsLast updated: March 2025 ·
1. Scope and Parties
1.1 About Elevation Leadership
These General Terms and Conditions ("T&Cs") govern the contractual relationship between:
Márcia Ayacaba, operating as Elevation Leadership
Website: elevation.coach
Email: marcia@zamaflow.com
Affiliated entity: ZAMA FLOW SA, Chemin des Bluets 5, 1009 Pully, Switzerland— and —Any individual or organisation purchasing coaching services, programs, workshops, digital products, or AI-supported tools from Elevation Leadership via this website, online platforms, or offline (the "Client" or "you").
1.2 Who These T&Cs Apply To
You may be:
- A consumer (B2C) — an individual using services for personal and professional development;
- A business client (B2B) — a company, training centre, or organisation purchasing services for employees, teams, or leaders.
1.3 What These T&Cs Cover
These T&Cs apply to all services and products offered by Elevation Leadership, including:
- Individual and group coaching sessions;
- Structured programs, workshops, and online courses;
- Digital learning materials, assessments (including the Stuckness Diagnostic), workbooks, and audio/video content;
- AI-supported tools, chatbots, and personalised recommendation engines operated by or on behalf of Elevation Leadership;
- Community memberships and mastermind groups;
- Any related advisory, consulting, or certification services.
1.4 AI-Supported Services — Special Scope
Elevation Leadership uses and may develop AI-based tools (including tools powered by third-party models such as Anthropic's Claude) to support its coaching programmes. In line with the EU AI Act (Regulation (EU) 2024/1689, applicable from August 2026) and prevailing international best practices, Elevation Leadership is committed to:
- Transparency: You will always be clearly informed when you are interacting with or receiving content from an AI-supported system, not a human;
- Human Oversight: AI tools support but do not replace the professional judgement of Márcia Ayacaba or other qualified coaches;
- No high-risk AI decision-making: No AI tool used by Elevation Leadership will make legally significant or life-altering decisions about you without meaningful human review;
- Data Minimisation: AI tools process only the minimum data necessary for their function;
- Right to Human Review: You may at any time request that any AI-generated assessment, recommendation, or output be reviewed or explained by a human.
2. Conclusion of Contract
2.1 Online Offers and Booking
Service descriptions, programme summaries, and prices on Elevation Leadership's website are invitations to enter into a contract, not binding offers in the legal sense. When booking online, you will typically:
- Select a service or programme;
- Enter your contact and payment details;
- Review your order;
- Submit your booking by clicking a clearly labelled button such as "Book with payment obligation", "Enrol now", or equivalent.
By submitting your order, you make a binding offer. The contract is concluded when Elevation Leadership sends a booking confirmation by email, or grants access to the booked programme or content — whichever occurs first.
2.2 Offline and Corporate Contracts
For B2B and corporate engagements, the contract is concluded when a written proposal from Elevation Leadership is accepted in writing (including by email), or when both parties sign a specific engagement letter or service agreement. The precise scope of services is set out in the applicable proposal and/or engagement letter.
2.3 Right to Decline Bookings
Elevation Leadership reserves the right to decline orders without providing reasons, including where capacity is unavailable, the Client has provided inaccurate information, or legal or ethical considerations prevent the engagement.
3. Services, Scope, and Cooperation
3.1 Professional Standard
Elevation Leadership provides coaching and related services with professional care, grounded in over 25 years of senior leadership experience and ICF-accredited coaching practice. Coaching is a process-oriented service: we do not guarantee specific career outcomes, promotions, salary increases, or any other measurable result.
3.2 Delivery Format
Unless otherwise agreed, services are delivered online via secure videoconferencing or digital learning platforms. You are responsible for maintaining a stable internet connection and appropriate technical equipment. Where in-person delivery is agreed, this will be confirmed in writing.
3.3 Not a Medical or Therapeutic Service
Important Notice: Coaching services provided by Elevation Leadership are not psychotherapy, medical treatment, or financial or legal advice. They do not replace or substitute professional medical, psychiatric, psychological, or therapeutic care. You remain fully responsible for your own physical and mental health, your decisions, and your actions.
If you are currently under the care of a doctor, psychiatrist, psychologist, or other health professional, or if you experience psychological distress, suicidal thoughts, trauma responses, or other mental health concerns, you should consult your treating professional before and during your participation in any Elevation Leadership programme.
In acute crises or emergencies, please contact your local emergency services immediately.
3.4 AI Tools — Important Limitations
Where Elevation Leadership uses AI-supported tools as part of its programmes, you acknowledge and accept that:
- AI outputs are supporting tools, not professional diagnoses, clinical assessments, or binding recommendations;
- AI models may produce errors, incomplete outputs, or outputs that do not fully reflect your individual situation;
- AI tools do not have access to your full personal context and cannot replicate the nuanced understanding of a trained human coach;
- Any AI-generated output that materially affects your participation in a programme will be subject to review by Márcia Ayacaba or a qualified team member upon your reasonable request.
3.5 Your Cooperation Obligations
To ensure the best outcomes from coaching, you commit to:
- Participating actively and openly in the process;
- Providing accurate and honest information relevant to your coaching work;
- Fulfilling agreed assignments and completing programme modules as reasonably required;
- Complying with the technical requirements for accessing online platforms;
- Treating all programme materials, community spaces, and AI-supported tools responsibly and in accordance with these T&Cs.
4. Prices, Currency, and Payment
4.1 Pricing
All prices are displayed at the time of booking. Prices may be quoted in EUR, CHF, GBP, or USD depending on the programme and your location. The applicable currency is displayed at checkout or confirmed in your proposal.
4.2 Consumer Bookings (B2C) — Payment Schedule
Unless a specific payment option is offered at checkout, the following default applies:
- First instalment: due upon booking confirmation;
- Second instalment (if applicable): due 30 days after booking confirmation.
Alternative payment plans (including single upfront payment or flexible instalments) may be offered and will be clearly indicated at checkout.
4.3 Corporate Bookings (B2B)
For B2B contracts, payment terms are defined in the specific proposal and engagement letter. Unless otherwise agreed, invoices are due within 14 days from the invoice date.
4.4 Payment Default
In the event of payment default, Elevation Leadership may suspend access to services, platforms, or programme content until full payment is received. Elevation Leadership reserves the right to charge reasonable late payment interest where permitted by applicable law.
4.5 Price Changes
Prices may be updated at any time for future bookings. The price applicable to your contract is the price confirmed at the time of your binding booking or as agreed in writing.
5. Cancellation, Rescheduling, and Withdrawal
5.1 Individual Coaching Sessions
Confirmed sessions are binding. You may reschedule any individual session free of charge if you provide at least 48 hours' notice before the scheduled time, provided a replacement slot is available within 7 days. Sessions cancelled or rescheduled with less than 48 hours' notice, no-shows, or sessions where no replacement slot is available within 7 days may be charged in full or counted as used.
5.2 Programmes, Workshops, and Courses
Unless the specific programme page states otherwise, the following withdrawal policy applies:
- 7 or more days before programme start: 50% refund of fees paid;
- Less than 7 days before the start, or after the programme has begun: no refund.
Elevation Leadership may cancel or postpone a programme if minimum participant numbers are not reached, the facilitator is unexpectedly unavailable, or if force majeure occurs. In such cases, you will be offered rescheduling, a credit voucher, or a full refund of fees paid for the affected programme.
5.3 Digital Products and Pre-Recorded Content
For purely digital content (e.g., pre-recorded modules, downloadable workbooks, AI-generated assessments) made immediately accessible after purchase, access is typically granted upon payment. No general right of withdrawal applies under Swiss law to such purchases once access has been granted. Where Elevation Leadership voluntarily offers a satisfaction guarantee or cooling-off period, this will be explicitly stated at the point of sale.
5.4 EU/EEA Consumers
If you are a consumer residing in the EU or EEA, you may have a statutory right of withdrawal of 14 days from the conclusion of the contract for certain services not yet commenced. This right does not apply to services already fully delivered with your consent, or to digital content made accessible immediately after purchase with your prior express consent. Where applicable, we will provide you with a withdrawal form and instructions.
6. Intellectual Property
6.1 Ownership
All content created by Elevation Leadership — including but not limited to the Elevation Through Connection™ framework, the Stuckness Diagnostic, programme materials, exercises, workbooks, templates, slides, audio recordings, videos, written guides, and AI-generated outputs personalised to Elevation Leadership's methodology — is protected by copyright and other intellectual property rights.
6.2 Your Licence
Upon purchase, you receive a personal, non-exclusive, non-transferable licence to use programme materials for your own personal learning and development. Corporate clients receive a licence for internal use as specified in their engagement letter.
6.3 Prohibited Uses
Without prior written consent from Elevation Leadership, you may not:
- Copy, reproduce, distribute, or publicly perform any materials;
- Share login credentials, access links, or programme content with third parties;
- Use programme content to build competing services or training products;
- Use AI-generated outputs from Elevation Leadership's tools to train third-party AI models;
- Remove or alter any copyright notices, branding, or proprietary markings.
7. Confidentiality and Coaching Ethics
7.1 Coaching Confidentiality
Elevation Leadership treats all information shared during coaching sessions as strictly confidential. Information disclosed by you during coaching will not be shared with third parties without your explicit consent, except:
- Where required by law or a court order;
- Where there is a serious and imminent risk to your life or the life of another person;
- Where disclosure is necessary to prevent a serious crime.
7.2 ICF Ethical Standards
Elevation Leadership adheres to the ethical standards of the International Coaching Federation (ICF), including its Code of Ethics regarding confidentiality, informed consent, professional boundaries, and respect for client autonomy.
7.3 AI Interactions — Confidentiality
Where AI tools are used in the delivery of coaching support, please be aware that:
- Inputs you provide to AI tools may be processed by third-party AI infrastructure providers (e.g., Anthropic) subject to their data processing agreements and privacy policies;
- You should not enter highly sensitive personal information into AI-powered chat tools;
- Elevation Leadership uses appropriate data processing agreements and technical safeguards when deploying AI tools, but cannot guarantee absolute confidentiality of AI chat interactions in the same way as a private human coaching session.
8. AI Tools — Transparency, Rights, and Limitations
8.1 Disclosure of AI Use
Elevation Leadership will always clearly identify when a client is interacting with an AI system. You will never be misled into believing you are speaking with Márcia Ayacaba or a human coach when you are interacting with an automated AI tool.
8.2 AI Assessment Tools
Tools such as the Stuckness Diagnostic use automated scoring and profiling logic to generate personalised insights and recommendations. These tools are designed and validated by Elevation Leadership based on Márcia Ayacaba's professional framework, produce outputs intended as a starting point for reflection and coaching — not clinical diagnoses — and may be reviewed or supplemented by Márcia Ayacaba in the context of your coaching programme.
8.3 Your Rights Regarding AI
In line with EU AI Act principles and best international practice, you have the right to:
- Be informed about which tools are AI-supported;
- Request a human review or explanation of any AI-generated assessment or recommendation that materially affects your programme;
- Opt out of AI-enhanced features where technically feasible and where an equivalent human-delivered alternative exists;
- Raise a complaint with Elevation Leadership regarding the use of AI in your programme.
8.4 AI Voice and Avatar Tools
If Elevation Leadership introduces AI-generated voice or video avatar features, this will be clearly disclosed. All AI avatar interactions are supplementary tools and do not constitute live sessions with Márcia Ayacaba.
9. Third-Party Platforms and Tools
Elevation Leadership may use third-party platforms and services to deliver its programmes, including video conferencing tools (e.g., Zoom, Google Meet), CRM and marketing automation (Go High Level), website hosting (Infomaniak), payment processing (Stripe), AI infrastructure (Anthropic API and other AI providers), community platforms, and calendar and scheduling tools.You must comply with the applicable terms of use of relevant third-party platforms. Elevation Leadership is not responsible for the availability, security, or content of third-party platforms and does not guarantee their performance.
10. Liability
10.1 General Liability
To the maximum extent permitted by applicable law, Elevation Leadership's liability is limited as follows:
- Elevation Leadership is liable for damages caused by wilful misconduct or gross negligence, in accordance with applicable law;
- Liability for simple (slight) negligence is excluded to the extent permitted by law;
- Elevation Leadership is not liable for indirect or consequential damages (e.g., loss of earnings, loss of opportunity, reputational harm);
- Elevation Leadership is not liable for damages resulting from interruptions or failures of third-party platforms or IT systems;
- Elevation Leadership is not liable for decisions, actions, or outcomes arising from a client's use of coaching, programme content, AI outputs, or other materials.
10.2 AI-Specific Liability
Elevation Leadership is not liable for:
- Errors, inaccuracies, or omissions in AI-generated outputs;
- Decisions made by you in reliance on AI-generated content without seeking professional advice;
- Technical failures of third-party AI infrastructure providers.