Terms and Conditions and Privacy Policy

Terms and Conditions

This Terms and Conditions (hereafter known as “T&C”) agreement is entered into by and between you and Diana Zilly and Diana Zilly LLC (hereafter, “Diana Zilly LLC”, “Company”, “We”, “Our”, “Us”). 

Agreement to Terms and Conditions

These Terms and Conditions constitute a legally binding agreement between you and Diana Zilly LLC concerning your access to and use of the websites, programs, products, and services (known as “Content”) offered by Diana Zilly LLC which includes all the various ways that the company interacts with others be it online, via an app, offline, in person, or any other modality of interaction or existence that can take place now or in the future. 

Please take some time to read through these Terms and Conditions to understand the guidelines, rules, and expectations for interaction with Diana Zilly LLC. Whether you read it or not, it applies to you and you automatically agree to the terms and conditions by interacting with Diana Zilly LLC.

By interacting with any of the Content, you warrant that you are 18 or older, and are able to read and understand the T&C in this document. If you are younger than 18, then your interaction and engagement with the Content is unauthorized and in violation of the T&C. 

Coaching Disclaimer and Rules

The programs offered via Diana Zilly LLC are not for mental health counseling and healthcare is not being provided here. 

Coaching and consulting are different from mental health counseling. Coaching is educational and motivational. Consulting is when Dian provides her professional opinion and guidance about a particular topic, decision making process, or project plan so that the client can make an informed choice.

Counseling is when a therapist is providing mental health counseling and psychotherapy to an individual or a group. Even though Diana is, at this time, a licensed mental health provider, she is not providing counseling via her coaching programs and consulting services (further referred to as “coaching” for brevity in this document). To that end, here are some guidelines that clients are expected to follow in order to maintain the boundaries between coaching and counseling:

As long as Diana is a licensed mental health provider, she is a mandated reporter. She does not take reports of any type of abuse, neglect, suicidal or homicidal ideation or any other reportable types of circumstances under the parameters of her consulting programs. Should you have any need to address these types of issues, please contact your local police department, hospital, healthcare provider, school, or your county health department and ask them for help with your reporting needs. You will not turn to Diana with these types of situations. If you cannot respect these boundaries, you will be removed from the program and will no longer be a client; your program fees will not be refunded to you. There is no gray area in this matter and Diana takes this issue very seriously as she does not want involvement in any type of situation that could muddy the waters of consulting work and create problematic situations. 

Diana is not offering any type of therapy, diagnosis, counseling, or providing mental health referrals. As a coach, Diana educates her clients about how to identify for themselves their own need for counseling. She will help clients understand the difference between counseling and coaching so that they can steer themselves toward whatever services they feel they need. Coaching and counseling can be done in tandem. In fact, coaching can provide the positive and constructive tools and insights that can be missing in counseling. In short, Diana is happy to explain to clients how to know, in general, what the parameters are with coaching and when it’s good to go to counseling but she isn’t going to provide mental health services to her coaching clients.

Coaching clients must seek a therapist other than Diana for mental health treatment. 

Clients who currently see Diana for counseling may join a coaching program as long as they have the ability to maintain a separation between the world of coaching and the world of counseling. If Diana does not agree that the client is capable of doing this and maintaining confidentiality, then Diana reserves the right to remove the client from a coaching program. 

Clients understand that there are no absolute, guaranteed results promised from coaching and consulting, and thereby release Diana Zilly and Diana Zilly LLC from any liability in regard to this. Diana is committed to interacting with her clients in an ethical manner and will always seek to work with a client to create workable solutions to any problem that may arise. Coaching and consulting does not replace healthcare, or any other professional consultation, and it is your responsibility to seek medical attention or mental health counseling (or other relevant consultation) outside of the coaching experience. Your participation in the coaching programs means that you automatically agree to these rules, even if you choose not to read this agreement form. 

Clients agree that they are fully responsible for their own decisions and learning outcomes, and hold harmless Diana Zilly, Diana Zilly LLC, and any related parties that are involved in the company either directly or indirectly. Clients agree that they are provided with learning materials and ideas which they are free to use and apply as they see fit, taking full, sole responsibility for whatever outcomes they experience. 

Your Conduct 

All clients who are interacting with Diana’s programs of any kind, whether free or paid, synchronous or asynchronous, are required to conduct themselves with courtesy, respect, decency, and kindness, and to follow the terms and conditions outlined in this document.

This is a safe space for everyone, including Diana, and any other staff members.

There is zero tolerance of any type of negative behavior such as, but not limited to, harassment, sexual harassment, coercion, solicitation of any kind, bullying, prejudice, hate, unsolicited and/or unconstructive criticism and judgment, and other similar types of behaviors that create an unhealthy and unsafe environment.

Clients will not solicit other clients or staff for any reason. 

Clients will refrain from posting any inappropriate comments, videos, photos, links or other things in folders, discussion forums, chats, messaging, notes, or any other form of communication that takes place in relation to Diana Zilly LLC, or any person or program associated with Diana Zilly LLC. 

Clients will not upload or save any materials in the client portal that are unrelated to the program work, or are inappropriate, illegal, or otherwise questionable or unsafe. In short, keep it clean and do not add anything to the portal that is not directly relevant to the work you are here to do. 

Clients will not record, take screen shots, or take other similar actions to gather and/or distribute any content or links to content or web pages that has not been deemed permissible by the company which includes content from inside coaching sessions and courses, whether group or individual, statements or posts made by coaches or participants, or recounting this information on social media or other types of forums or settings whether digital or non-digital. This is due to both copyright and privacy rights and the violations of those will not be tolerated and will be prosecuted to the fullest legal extent.

Clients will not commit any harmful acts such as the use of spyware, malware, or other tools or technology that would cause harm to the Company, its clients, and other related parties (such as hacking, data mining, stealing emails, trying to gain other clients’ identifying information without their consent, etc.)

Clients will not use the website or Content for any illegal activity. 

If there are discussions or community forums, clients will not initiate discussions or posts (unless otherwise specified by Diana Zilly LLC) but will only respond to those created by Diana or other staff to facilitate meaningful discussion between client and coach/consultant. 

Clients will not make disparaging, unconstructive comments on social media about any other clients, members, staff, program materials, or other types of roles or content. Diana offers plenty of ways to contact her for help with any type of problems, complaints, or disputes. Constructive, thoughtful feedback and criticism that is truthful and respectful is always welcome publicly and privately.

Basically, the same manners that are expected within the coaching programs are expected publicly. If a client cannot respect these boundaries, the client will be removed from the coaching program and any program fees that were already paid will not be refunded. Any recurring payments or payment plans will be ended in order to discontinue the business relationship. 

System and Technology Disclaimer

Clients understand that there may times when a technology system (such as a website, client portal, software, telecommunication, internet, phone line, etc) may be down and agree that the Company will not be held liable for any losses, inconveniences, or other issues or problems that result from a system outage. The Company agrees to reschedule or make up for any missed live sessions or services without additional cost to the client. 

Communication 

Clients can contact Diana Zilly LLC in the following ways:

• A message via voicemail or text on the business phone line.
• Posted Office Hours: Diana will make herself available either in a video call or messaging feature. Clients will be notified via the client portal (such as a banner announcement or update to a content page) or via email, depending on the circumstances.
• Email (email provided by Diana as necessary and pursuant to additional need for communication).
• Scheduled phone call if a problem cannot be resolved via other means first. 

Leaving the Platform/Programs

Clients in good standing who complete a program or who have ended a subscription may be set to an inactive status on the platform but are welcome to remain active in any free programs and email-based activities provided by Diana Zilly LLC. Clients can also choose to leave the platform entirely. A client should always ask for assistance in closing out their account or unsubscribing from email if they are having trouble doing so.

Client accounts are non-transferable and non-refundable.

Clients who are not in good standing with the company for any reason will also lose access to their course materials and any other opportunities to have any further dealings with the company. The Company reserves the right to do this without notice to the client as appropriate to the situation at hand.

Limited Liability

Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.

How to Cancel a Payment Arrangement

Clients in subscription and payment plans

Subscriptions, payment plans, etc. may require Diana’s help to cancel a payment arrangement if the coaching platform (software) does not allow for self-cancellation. Diana prefers to use software that allows clients to self-cancel but she doesn’t write the software and has no control over whether or not those settings will change or will work properly.

Keep reading:

Clients who are unable to self-cancel their subscription or payment arrangement via the client portal will email Diana for help with this. Diana is always more than happy to help a client cancel a payment arrangement that is becoming burdensome or unwanted so there is no reason for a client to create a chargeback through their bank or credit card. 

Please just email Diana for help with this and she will help you and work with you to create a new plan or just pause or stop your enrollment in a program that is not working for you. 

Sometimes a payment may need to be stopped within the merchant processing portal (such as Stripe) so Diana is happy to log into her account and conduct the change for you.

For instance, if a payment was stopped or paused via the coaching platform and this did not translate over to the merchant processing account, then Diana will log into that account and stop the payment and issue a refund if necessary.

Refunds are not allowed for past payments but future payments can be stopped or paused at which point a client may not have further access to the related program. 

Coaching/consulting service fees are non-refundable.

Appointment Cancellation Policy

Client agrees that it is the Client's responsibility to notify the Coach about cancellations or rescheduling at least 24 hours in advance of their 1:1 scheduled calls/meetings. A text or voicemail can be left on the business phone to notify your coach of the reschedule request.

Please reschedule at least 24 hrs in advance of your appointment to avoid being charged the late cancellation fee.

There are times when an emergency comes up and you need to cancel or reschedule that same day. There is a $30 late cancellation fee that will be charged to your account. You will be provided with one grace late cancellation and reschedule.

Packages of sessions expire in 6 months. Once an appointment is scheduled, it can be rescheduled twice and then it expires. Your coach will work with you to plan an asynchronous way to work with you, such as using an email exchange, Q&A video, or coaching journal feedback exchange in order to provide value for your missed session.

• If you wait too long to start scheduling your package sessions and you run out of time because the coach cannot accommodate your packages in the time that they will expire, then any remaining sessions will be offered in an asynchronous format.
• If you do a no-call no-show or you are more than 10 minutes late to your session, then you forfeit the session and the session is not rescheduled. 
• Please understand that these policies are in place because there are limited amounts of individual coaching time slots available and each scheduled appointment prevents any other client from having that appointment time.
• Clients are not able to participate in sessions while they are driving or riding as a passenger in a vehicle as this is very disruptive to the coaching session and stressful for your coach. If you decide to have a coaching call while you are driving, then that will be considered a no-call no show and you will forfeit your session.

Purchases for group coaching sessions are typically non-refundable.

• For example, if you sign up for a live coaching event and then you are unable to attend the event, you will not be issued a refund but you may be provided with any videos, replays, and class materials associated with that event if that is what was already planned as part of the event.
• An event may have a refund policy where a client can self-cancel within a certain time frame before the event. This information will be provided to the client at the time of registration.

Problems with Payments

• You are required to use a method of payment that you are legally authorized to use.
• You are responsible for any fees and expenses caused by you if you are acting fraudulently or inappropriately.. For example, if you have used someone else’s credit card to make payment for your services, and that person doesn’t like that you are doing that, or lays claim that they did not give you permission to do so, then you are still liable for the payments due on your client account as well as any fees and expenses that you cause for Diana Zilly and Diana Zilly LLC. 
• If you take an action such as creating a chargeback on your credit card, claim fraud where there is none, or create other problems of that nature instead of canceling or pausing your payment through your client portal or asking for help from Diana or her staff to facilitate that, then you will be responsible for the return of that payment plus any fees associated with the chargeback or other issues and any related legal and/or accounting expenses incurred by Diana Zilly and Diana Zilly LLC. Customer service is an integral part of the values-based services provided by the company. We expect clients to act with integrity. Anyone who cannot do this will not be able to do business with the company.
• We reserve the right to refuse working with any clients who violate these policies and cause unnecessary chargebacks, fraud charges, or cause other problems with the company and will report these problems to the proper reporting agencies as permissible by law.
• Diana Zilly and Diana Zilly LLC act in good faith with their clients which includes how transactions are handled on the platform. The same is expected from their clients.

Resolving Problems

Diana Zilly LLC will always put their best foot forward to work on resolving a problem with a client, especially if a circumstance arises that has not been described in this document. We know that life happens, and we want to do our best to work with you for a win-win solution when that’s possible. Clients agree to resolve issues with the company within the first 3 months of becoming aware of a problem by first speaking to and/or emailing Diana Zilly or a company staff member or representative to set up a meeting to resolve an issue in a mutually agreed upon way. If parties are unable to resolve an issue by the end of 90 days after the first meeting, then the client agrees to undergo a mediation process as directed by the company. If the issue cannot be resolved via meditation, then the dispute will be submitted to the American Arbitration Association and resolved via arbitration within 90 days of submission. This will take place in the greater Chicagoland area in Illinois or by phone or teleconference. The arbitration decision will include a provision for associated fees, costs, and attorney’s fees. Since the arbitration agreement will be final and binding, the decision is not subject to judicial review. The decision may be entered and enforced in any court of law of proper jurisdiction as a judgment of law or decree in equity.

Force Majeure

The company shall not be deemed in breach of these Terms and Conditions if we are unable to provide all of the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Diana Zilly LLC’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to you of its inability or delay to provide the Services and may propose revisions to the Services or other accommodations or may terminate these Terms and Conditions.

Governing Law

This Terms and Conditions agreement and your access and use of our Services are governed by and construed in accordance with the laws of the United States and the State of Illinois.

Severability

If any provision of these Terms and Conditions is held invalid or unenforceable, the remainder of these Terms and Conditions will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.

Entirety of the Agreement

You acknowledge, understand, and agree that these Terms and Conditions constitute the Entire Agreement between you, as the client, and Diana Zilly LLC and it supersedes all prior and contemporaneous agreements, representations, and understandings between us. If you do not agree with these Terms and Conditions, then you will not use this site nor engage in any of the services offered by Diana Zilly LLC.

Personal Privacy and Security Settings

Diana works to maintain the privacy of clients’ information to the extent possible as allowed by the software and her own policies. If software allows, clients may be able to use a screen name on their profile so that they can protect their privacy from other clients when interacting in any groups. In any case, clients are expected to be truthful about their identity and contact information that they enter into a client profile. Diana will not provide a client’s information to another client (such as if clients want to contact each other off the platform).

If and when a community feature is made available to clients, then clients will be advised of its functionality and any impact to privacy (just in the same manner as how social media works). Participation would be voluntary and would not affect group membership (meaning group membership and community participation would be exclusive of each other). This information is being provided right now because community features are popular and widely used, and Diana is very protective of her clients’ privacy and choice. 

When it comes to group video calls, clients will be responsible for maintaining their privacy on the teleconferencing platform through the use of the available settings. 

Every client is responsible for maintaining their own security settings on their account, such as enacting 2FA, changing their password, and other similar security settings and will not hold Diana Zilly or Diana Zilly LLC liable for any security failure that was solely on the client side of the issue however we will work with the client to help resolve any issue so that security can be restored. 

You are not allowed to share your account with others so that they do not have to purchase a package or subscription. If you are caught doing this, then you will not be eligible for any refunds and you will be removed from the platform and lose all access to your account. 

Intellectual Property and No Recording, Transcribing, or Other Similar Means of Unauthorized Copying or Distribution of Materials or Misuse of the Programs and Services

As artificial intelligence (AI) is becoming more pervasive if not mainstream in its use and widespread application, please let it be known that a client may not use AI or other apps or equipment or any means now or in the future to record, copy, transcribe, copy, duplicate, or any other word that can be used to denote the duplication of material from this platform or any other delivery of information via other means (such as YouTube, Instagram, web site, or other platforms). Similarly, clients may not distribute, copy, or appropriate the materials or intellectual content from Diana Zilly or Diana Zilly LLC. Basically, a client may not record their sessions for later use, nor will they share their passwords for account sharing, nor share materials with others. Please understand that these actions can be illegal (such as making recordings without consent and copyright infringement), this destroys the privacy of your account and relationship with Diana Zilly LLC, and also undermines the ability for Diana to earn her honest living and provide quality content that is respected and valued. Diana has 20 years of experience working with clients and does not rely on AI to create content for her. This is her actual life’s work. 

Information and Data Privacy

Diana Zilly LLC does not sell any data or personal information and only collects information necessary to conduct business. The company does not have any control over what third party companies do with their own data. Diana Zilly LLC does its best to maintain security however no online activity is ever 100% secure and clients will not hold Diana Zilly or Diana Zilly LLC liable for any online data security breaches that occur nor for any problems or breaches that occur with any third party system used to operate the company, or any problems, losses, inconveniences, or other harms that may arise from the use of any third party’s services or functions, or any of the related users.

If you have any questions at any time about your privacy or have suggestions for improvements or changes, please contact Diana to discuss it with her. She is always open to making improvements for a better client experience. Clients have the ability to reach Diana via email or phone. Please see the official Privacy Policy for more detailed information. 

Updates

Updates to the Client Terms and Conditions/Privacy Policy will be found in the newest version of the posted form located on the company website and may be distributed to clients via email or other means. Clients will be legally bound to any updates made to this agreement to the extent permissible by law.

Terms and Conditions and Privay Policy