Terms & Conditions (AGB)

Terms & Conditions (AGB)

Provider (Contracting Party)
[Mental Block Breaker GmbH / UG (haftungsbeschränkt) / Sole Proprietorship]
[Registered Address (no P.O. Box)]
Represented by: [Full name, role]
E-mail: [support@yourdomain.com] | Phone: [+49 …]
Website: [https://www.yourdomain.com]
VAT ID (§ 27a UStG): [DE…] | Register court / HR number (if applicable): [Amtsgericht …, HRB …]

1. Scope, Contract Language & Definitions

1.1 These Terms & Conditions (“T&Cs”) apply to all offers, orders, and contracts concluded via our website, landing pages, checkout systems, member areas, or written agreements concerning digital content (e.g., courses, downloads), online programs (e.g., the “5:30 Challenge”), subscriptions/memberships, group coaching, and related services (“Services”).
1.2 Contract language is English. (If you also offer German: “Contract language is English; upon request, we provide a German version.”)
1.3 “Consumer” means any natural person who enters into a legal transaction for purposes predominantly outside their trade, business, or profession (§ 13 BGB). “Entrepreneur” is as defined in § 14 BGB.

2. Conclusion of Contract

2.1 Product presentations are non-binding invitations to order.
2.2 By clicking “Order/Buy Now,” you submit a binding offer. You will receive an automated confirmation of receipt. The contract is concluded when we accept your order (e.g., by order confirmation, granting access, or payment capture).
2.3 Technical steps to conclude the contract, input correction tools, and storage of contract text follow from the checkout system used (e.g., CCM/Stripe). We store the contract text but do not make it permanently accessible afterward. You may save/print the final page or confirmation e-mail.

3. Services & Access Delivery

3.1 Digital content and online program access are provided electronically, typically via log-in credentials and/or download links sent to your e-mail or unlocked in your account.
3.2 Unless otherwise stated, access is granted promptly after successful payment.
3.3 Live calls, cohorts, or coaching sessions will be scheduled and communicated in advance. We reserve the right to reschedule for good cause; you will be notified promptly.

4. Prices, Taxes & Payment

4.1 All prices stated are [gross and include VAT / net; VAT will be added where applicable] unless stated otherwise.
4.2 Payment methods: [Stripe (credit/debit), PayPal, SEPA direct debit, Klarna, etc.].
4.3 In case of payment default, we may suspend access until payment is received. Statutory default interest applies (§ 288 BGB).

5. Subscriptions / Auto-Renewals

5.1 If you purchase a subscription or membership, the term and billing cycle are displayed at checkout. Subscriptions renew automatically for the same term unless cancelled in time.
5.2 Cancellation: You can cancel at any time with effect at the end of the current billing period via your account or by e-mail to [support@yourdomain.com].
5.3 Upon termination, access ends with the current paid period. No (partial) refunds for unused time unless required by law.

6. Right of Withdrawal (Consumers)

6.1 General Information (EU, §§ 312g, 355 BGB)

Consumers have a 14-day withdrawal right for distance contracts.
Withdrawal period: 14 days from contract conclusion.
To exercise, you must clearly inform us (e.g., e-mail to [support@yourdomain.com]) of your decision to withdraw. You may use the model form in Section 16 but are not required to.

6.2 Digital Content Not on a Tangible Medium

If the contract is for digital content (e.g., downloads, course access) not supplied on a physical medium, the withdrawal right expires early after:

• we have started performance and

• you have expressly consented to us starting before the end of the withdrawal period and confirmed you are aware you will lose your withdrawal right once performance starts (§ 356(5) BGB).
  We obtain this consent at checkout.

6.3 Services (e.g., Coaching) During Withdrawal Period

If you request services to begin within the 14-day withdrawal period, you must pay a proportionate amount for services already provided up to the time you inform us of withdrawal (§ 357(8) BGB).

6.4 Effects of Withdrawal

If you withdraw, we refund payments received without undue delay and no later than 14 days from the day we are informed of your decision, using the same payment method unless otherwise agreed. We may withhold the refund until we have disabled access/received confirmation that use of digital content has ceased.

7. User Account, Conduct & Community Rules

7.1 Keep your log-in confidential; sharing access is prohibited.
7.2 You agree not to post illegal, infringing, defamatory, or harmful content. We may remove such content and suspend accounts for violations.
7.3 We may moderate communities and enforce house rules to protect participants.

8. Intellectual Property & License

8.1 All content (videos, PDFs, frameworks, logos, trademarks) is protected by copyright and related IP rights.
8.2 Upon purchase, you receive a non-exclusive, non-transferable, revocable license for private, personal use.
8.3 Prohibited: sharing, reselling, sublicensing, publishing, scraping, training AI models on our content, or commercial use without our prior written permission.

9. Coaching & Health Disclaimer (If Applicable)

9.1 Our programs provide education and self-development tools. We do not provide medical, psychological, legal, or financial advice.
9.2 If you have medical or mental health concerns, consult a qualified professional. Participation is voluntary and at your own responsibility.
9.3 Results vary and cannot be guaranteed.

10. Warranty & Availability

10.1 Statutory warranty rights apply to consumers for defects in digital content/services (§§ 327 ff. BGB).
10.2 We strive for high availability but may have maintenance windows or disruptions. We are not liable for availability issues outside our control (e.g., hosting providers, force majeure).

11. Liability

11.1 We are liable without limitation for intent and gross negligence; for injury to life, body, or health; and under the Product Liability Act.
11.2 For simple negligence, we are liable only for breach of essential contractual obligations (cardinal duties), limited to foreseeable, typical damages.
11.3 Otherwise, liability is excluded. The above limitations also apply to our legal representatives and vicarious agents.

12. Force Majeure

We are not liable for delays or non-performance due to events beyond our control (e.g., strikes, pandemics, governmental orders, outages). Deadlines are extended accordingly.

13. Contract Term, Termination (Non-Subscriptions)

13.1 One-off purchases grant access as specified at checkout (e.g., lifetime access subject to platform availability and our rights to maintain or migrate systems).
13.2 For cause, we may terminate access (e.g., severe violations of Section 7/8). Statutory rights remain unaffected.

14. Data Protection (GDPR)

Processing of personal data is described in our Privacy Policy: [link].
For data subject requests (Art. 15–22 GDPR), contact: [DPO/contact e-mail].

15. ODR & Consumer Dispute Resolution

ODR platform: https://ec.europa.eu/consumers/odr/
We are not willing and not obliged to participate in dispute resolution before a consumer arbitration board (VSBG).

16. Model Withdrawal Form (Consumers)

Model Withdrawal Form
(complete and return only if you wish to withdraw from the contract)

To: [Company, address, e-mail]

I/We () hereby withdraw from my/our () contract of sale of the following goods () / for the provision of the following service ():
– Ordered on () / received on ():
– Name of consumer(s):
– Address of consumer(s):
– E-mail used for the order (optional):
– Signature of consumer(s) (only if this form is notified on paper):
– Date:

(*) Delete as appropriate.

17. Final Provisions

17.1 Governing law: German law applies. If you are a consumer with habitual residence in the EU, you also enjoy the protection of mandatory provisions of your country of residence.
17.2 Jurisdiction: If you are a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is [City, Germany].
17.3 Severability: If any provision is invalid, the remainder remains in force; the invalid provision shall be replaced by a valid one closest to the original purpose.
17.4 Changes to these T&Cs: We may amend these T&Cs for valid reasons (legal changes, functional adjustments). For ongoing subscriptions, we will notify you in text form. If you do not object within [6 weeks], the changes take effect; we will inform you of your right to object and the consequences.
17.5 Contract partner age: You must be at least 18 years old to purchase.

Last updated: [17.08.2025]