TERMS OF SERVICE
Rebecca Moede Launch Consultancy
Lietzenburger Str. 90, 10719 Berlin, Germany
Email: rebeccamoedeconsulting@gmail.com
Website: www.rebeccamoede.com
Section A: General Provisions
1. Scope and Applicability
1.1 These Terms and Conditions ("Terms") apply to all contracts, services, and sales of digital products concluded between Rebecca Moede Launch Consultancy ("Provider", "we", "us") and the client or purchaser ("Client", "you").
1.2 These Terms primarily govern business-to-business (B2B) transactions with entrepreneurs, companies, and freelancers (§ 14 German Civil Code / BGB). If consumers (§ 13 BGB) or founders prior to official business registration purchase digital products or services, mandatory statutory consumer rights apply where applicable.
1.3 Deviating, conflicting, or supplementary terms of the Client shall not become part of the contract unless expressly agreed upon in writing.
2. Contract Formation
2.1 Digital Products (Shop): Displaying digital Asana templates or digital resources in our online shop does not constitute a legally binding offer, but an invitation to place an order. By completing the online checkout process, the Client places a binding offer to purchase. The contract is concluded when the order confirmation and download access are sent via email.
2.2 Consulting Services: Proposals or contracts provided by the Provider for launch consultancy services are non-binding unless explicitly marked as binding. A contract is concluded upon mutual signature of an individual service agreement or written confirmation (including email) of a proposal.
3. Prices, Small Business Status, and Payment Terms
3.1 All prices listed in the online shop or individual service agreements are stated in Euros (EUR). In accordance with § 19 UStG (German Small Business Regulation / Kleinunternehmerregelung), value-added tax (VAT) is not charged or displayed.
3.2 Should statutory VAT regulations apply to international B2B clients outside Germany, tax obligations shall be handled according to applicable international tax rules (e.g., Reverse-Charge procedure where the Client is responsible for tax handling in their jurisdiction).
3.3 Payments for digital products in the online shop are processed immediately upon checkout via the available payment gateways (e.g., credit card, PayPal, Stripe).
3.4 Payments for launch consultancy services are due according to the payment schedule specified in the individual service agreement (e.g., 50% deposit before start and 50% upon delivery of project roadmap access). Invoices are payable without deductions within the timeframe indicated on the invoice or contract.
4. Governing Law and Jurisdiction
4.1 These Terms and all contracts between the Provider and the Client shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
4.2 For B2B clients, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be Berlin, Germany.
Section B: Digital Products (Asana Templates)
5. Delivery and Digital Access
5.1 Digital Asana templates and downloadable resources are provided electronically immediately following payment confirmation. Access is provided via direct download link or link to an Asana project/template.
5.2 The Client is responsible for maintaining an active Asana account and the necessary technical infrastructure to import and utilize the digital templates.
6. Grant of License and Intellectual Property Rights
6.1 Upon full payment, the Provider grants the Client a non-exclusive, non-transferable, perpetual license to use the purchased Asana template for their internal launch and business operations.
6.2 The Client is strictly prohibited from:
Reselling, sublicensing, redistributing, or sharing the template or modified versions thereof with third parties.
Publishing the template link or underlying project architecture in public repositories or open-access platforms.
Rebranding and offering the template as a standalone commercial product.
7. Right of Withdrawal (Widerrufsrecht) for Digital Content
7.1 The statutory right of withdrawal applies exclusively to consumers pursuant to § 13 BGB. Pure business-to-business (B2B) transactions with established entrepreneurs (§ 14 BGB) are not subject to a statutory right of withdrawal.
7.2 When purchasing digital products (e.g., downloadable templates or direct digital access) as a consumer, you explicitly request and consent that access to the digital content be provided immediately prior to the expiration of the 14-day withdrawal period.
7.3 You acknowledge and agree that by giving your express consent to immediate execution, you forfeit your statutory right of withdrawal once the digital content access is made available or delivered.
Section C: B2B Launch Consultancy Services
8. Scope of Launch Consultancy Services
8.1 The specific scope, duration, deliverables, and fees for launch consultancy services are set out in individual service agreements. Consulting packages are delivered on a fixed-term basis (e.g., 3 months) and are strictly limited to process advisory, roadmap structure, and strategic guidance.
8.2 Exclusions: Consulting services do not include operational execution tasks, such as copywriting, graphic design, technical software/website setup, or active ad budget management, unless explicitly agreed upon in writing.
8.3 Check-ins & Session Expiration: Scheduled consultation calls must be canceled at least 24 hours in advance. Unused call sessions or allocations expire at the end of the fixed contract term without entitlement to refunds or term extensions.
8.4 Service Character: Services are governed by service contract law (§ 611 BGB). The Provider delivers procedural frameworks and strategic guidance but does not guarantee specific commercial success, sales figures, or revenue targets for the Client’s launch. Final responsibility for launch execution remains with the Client.
9. Client Duties, Timelines, and Non-Cooperation
9.1 The Client shall provide all information, content, access rights (e.g., Asana workspaces, communication tools), and timely strategic decisions required for project execution.
9.2 If delays occur due to a lack of client cooperation or late decisions, the Provider's fee entitlement remains unaffected, and the fixed contract duration shall not automatically extend.
10. Fixed Term and Termination
10.1 Launch consultancy agreements begin on the agreed start date and run for a fixed term (e.g., 3 months). They expire automatically at the end of the term without requiring notice.
10.2 Ordinary termination during the fixed term is excluded for both parties. The right to extraordinary termination for good cause (§ 626 BGB) remains unaffected. Any notice of termination must be in text form (e.g., email).
11. Confidentiality
11.1 Both parties agree to maintain strict confidentiality regarding all non-public business information, launch strategies, trade secrets, and client data disclosed during the course of the engagement.
11.2 This confidentiality obligation remains in effect after the termination of the contractual relationship.
12. Right of Withdrawal and Consent to Early Execution
12.1 Consumers (§ 13 BGB) and founders who have not yet registered a business have a statutory right of withdrawal of 14 days from the date of contract conclusion. A separate withdrawal policy (Widerrufsbelehrung) and cancellation form are provided prior to contract conclusion.
12.2 To begin consulting services immediately after contract signing, the Client must expressly request and agree in text form (or via the contract consent checkbox) that the Provider commences performance prior to the expiry of the 14-day withdrawal period.
12.3 The Client acknowledges that their right of withdrawal expires prematurely if the Provider has completely performed the agreed service. In the event of a valid withdrawal before full performance, the Client owes compensation (Wertersatz) for services already rendered up to the time of withdrawal.
Section D: Liability and Final Clauses
13. Limitation of Liability
13.1 The Provider is liable without limitation for intent and gross negligence, as well as for damages resulting from injury to life, body, or health.
13.2 In cases of slight negligence, the Provider shall only be liable for the breach of essential contractual obligations (cardinal obligations). In such cases, liability is limited to typical, foreseeable damage at the time of contract conclusion.
13.3 The Provider accepts no liability for temporary outages, operational changes, or functional limitations caused by third-party platform updates (e.g., Asana system changes or third-party tools).
14. Severability Clause
Should individual provisions of these Terms be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic intent of the original provision.