Terms & Conditions

These terms apply to all services, including but not limited to digital toolkits, and calculators provided by "Frank Bartels - Agentur für Digitales und Innovation" via the website thedigitalagency.io.

1. Intellectual Property

All the content associated with the website content, services, and digital products, encompassing text, graphics, logos, and images, is the intellectual property of Frank Bartels - Agentur für Digitales und Innovation ("thedigitalagency.io"). You must obtain our prior written consent to modify, reproduce, distribute, or exhibit any portion of the content or service.

2. Services & Digital Products

We offer digital toolkits, calculators, and educational content. Access to digital products is granted for personal or internal business use only. Redistribution or resale of the frameworks is prohibited unless explicitly agreed upon in writing. Access to the Academy and online courses is strictly personal. Sharing account credentials with third parties is prohibited and may lead to immediate termination of access without refund.

4. Prohibited Activities

While utilizing our tools, services, and the Academy, you commit to refraining from:

  • Violating Laws: Engaging in any conduct that violates applicable local, national, or international laws and regulations.
  • Unauthorized Access: Attempting to gain unauthorized access to the website, member areas, servers, or associated systems.
  • Malicious Code: Uploading or transmitting viruses, malware, logic bombs, or any other software designed to disrupt or damage our infrastructure.
  • Data Scraping & AI Training: Using automated systems (including bots, spiders, or scrapers) to extract content, data, or intellectual property from the website or Academy for the purpose of competitive analysis or for training artificial intelligence (AI) models.
  • Commercial Exploitation: Using our content or tools for fraudulent purposes or to misrepresent your affiliation with "Frank Bartels - Agentur für Digitales und Innovation."

5. Limitation of Liability

We make every effort to provide precise and current information on the website, documentation, handouts, and tools. However, we do not guarantee the accuracy, completeness, or reliability of any content. You acknowledge and agree to use the services and products at your own risk.

A. Tools & Content: The tools and calculators provided (e.g., ROI calculators) are for informational purposes only. They do not constitute financial, legal, or professional advice. "Frank Bartels - Agentur für Digitales und Innovation" is not liable for business decisions or financial losses made based on the output of these tools.

B. Consulting Services: For consulting services, liability for damages is limited to the total amount paid by the client for the specific service giving rise to the claim. This limitation does not apply to damages caused by gross negligence or willful misconduct, or in cases of personal injury.

6. Third-Party Links

The website, the tools and other digital products may include links to third-party websites or services. We neither control nor endorse the content or practices of these third-party sites. Accessing such sites is your responsibility, and we recommend reviewing their respective terms and privacy policies.

7. Termination

We retain the authority to terminate or suspend your access to the website, tools, academy and other digital products from us at any time, with or without cause. Upon termination, you must cease all utilization of the provided materials and delete any copies in your possession. In the event of a breach of these terms (e.g., unauthorized sharing of course content), we reserve the right to terminate access without a refund.

8. Payment & Pricing

Pricing: All prices for toolkits, academy access, or consulting services are as stated on the website at the time of purchase. Unless otherwise indicated, prices are net and may be subject to applicable Value Added Tax (VAT).

Payment Methods: Payments are processed through secure third-party providers (e.g., Stripe, PayPal). By providing your payment information, you authorize us to charge the respective amounts to your chosen payment method.

Access: For digital products and Academy content, access is granted immediately after successful payment confirmation, unless stated otherwise (e.g., for pre-orders).

9. Right of Withdrawal

(For EU Consumers only)

Right of Withdrawal: You have the right to withdraw from this contract within 14 days without giving any reason.

Expiry of Withdrawal Right for Digital Content: You explicitly acknowledge and agree that the right of withdrawal expires once we have started the performance of the contract (e.g., by providing access to digital downloads or Academy content) after you have given your prior express consent and acknowledged that you lose your right of withdrawal upon the start of the performance.

Services: For consulting services, the right of withdrawal expires if the service has been fully performed and the performance began only after your prior express consent.

10. Governing Law

These Terms and Conditions will be interpreted and governed in accordance with the laws of Germany. Any disputes stemming from the website template's use will be subject to the exclusive jurisdiction of the courts in Berlin. If the customer is a merchant (Kaufmann), the exclusive place of jurisdiction is Berlin.

11. Modifications

We reserve the right to amend these Terms and Conditions at any time without prior notice. By continuing to use the framework, tools or documents following any modifications, you affirm your agreement to be bound by the revised Terms and Conditions.