(1) The following Terms and Conditions (hereinafter referred to as the “Terms”) shall apply to all legal transactions between

iMellan GmbH

MY NU WAYS! Digital Business Consulting
(a brand of iMellan GmbH)

St. Sebastian 17
84405 Dorfen
Germany

and you as either a consumer or a business customer (hereinafter referred to as the “Customer” or “Buyer”).

These offers are directed to both business customers (hereinafter referred to as “Business Customers”) and consumers (hereinafter referred to as “Consumers”). These Terms shall also apply to all future business relationships unless otherwise expressly agreed.

A Consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

A Business Customer is any natural or legal person, or partnership with legal capacity, acting in the course of their trade, business, or professional activity when entering into a legal transaction.

Legal transactions may be concluded by telephone, in writing, by email, through contact forms, messenger services, video conferencing systems, booking systems, sales platforms, social media platforms, third-party websites, or any other digital channels used by iMellan GmbH.

(2) The languages available for the conclusion of the contract are German and English. Translations into other languages are provided for informational purposes only. In the event of any discrepancy, conflict, inconsistency, or difference in interpretation, the German version shall prevail.

(3) These Terms shall apply exclusively. Any terms and conditions of the Customer that conflict with or deviate from these Terms shall not be recognised unless iMellan GmbH has expressly agreed to their validity in writing or in text form.

(1) The laws of the Federal Republic of Germany shall apply, excluding the rules of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG), if:

a) you have your habitual residence in Germany;

b) you purchase a product or book a service as a Business Customer;

or

c) your habitual residence is located in a country that is not a member state of the European Union.

(2) If you are a Consumer within the meaning of Section 13 of the German Civil Code (BGB) and have your habitual residence in a member state of the European Union, German law shall also apply. However, any mandatory consumer protection provisions of the country in which you have your habitual residence shall remain unaffected to the extent that they provide you with greater protection.

(3) The version of these Terms and Conditions in force at the time of the order, booking, or registration shall apply. The version date of these Terms and Conditions can be found at the beginning of this document.

(4) The prices published at the time of the order, booking, or registration shall apply.

(5) Discounts, special offers, and promotional offers are granted at our discretion and are subject to time and/or quantity limitations. There is no entitlement to such offers.

iMellan GmbH provides all services described below exclusively on the basis of these Terms and Conditions.

Any terms and conditions of the Customer that conflict with or deviate from these Terms and Conditions shall not become part of the contract, even if iMellan GmbH does not expressly object to them.

Depending on the respective service description, the subject matter of the contract may consist either of the one-time provision of digital content or the ongoing provision of digital content, memberships, or other digital services (hereinafter referred to as a “Subscription Agreement”).

Under a Subscription Agreement, iMellan GmbH shall provide the contractually agreed services for the duration of the agreed subscription term and at the intervals specified in the respective service description.

(1) The subject matter of the contract may include, in particular:

Digital Business Consulting for the development of digital, automated business systems and digital income streams.

Such services may include, in particular:

a) the development of digital products and offers based on expertise, professional knowledge, and professional experience;

b) marketing, lead generation, customer acquisition, digital sales activities, and the development of digital sales and business systems;

c) the automation, standardisation, and optimisation of business processes, as well as the integration of digital technologies and AI-enabled solutions.

(2) Services may be provided in the following formats, among others:

a) individual consulting and advisory formats;

b) online programmes and digital self-study programmes;

c) communities, memberships, and member areas;

d) workshops, live training sessions, and other digital events;

e) digital content and media, including videos, assessments, evaluations, templates, instructions, worksheets, checklists, guides, or comparable digital content.

(3) Service delivery may include analysis, assessment, evaluation, decision-support, advisory, and consulting formats. These are intended to support the structured assessment of situations, options, opportunities, risks, and possible courses of action.

(4) Unless expressly agreed otherwise, iMellan GmbH does not warrant or guarantee any specific economic, financial, business, or personal outcome. The subject matter of the service is the provision of the consulting, information, analysis, training, or support services booked by the Customer.

(5) Online programmes, digital self-study programmes, communities, memberships, member areas, and digital content shall be provided in accordance with the respective service description. Access is generally granted upon successful booking and receipt of payment.

(6) Order processing and payment processing may be carried out through external service providers and platforms. To the extent that additional terms and conditions of such providers apply to the technical processing of orders, payments, or service delivery, such terms shall apply exclusively between the Customer and the respective provider. The contractual relationship between the Customer and iMellan GmbH shall remain unaffected.

(7) iMellan GmbH reserves the right to update, further develop, adapt, restructure, expand, or technically modify digital content, programmes, digital self-study programmes, member areas, and other digital services, provided that the essential character and core purpose of the respective purchased service are not materially impaired.

(1) iMellan GmbH may offer communities, memberships, member areas, or comparable ongoing digital services.

(2) A community, membership, or member area may include, in particular:

a) participation in regular live sessions, group events, or comparable formats;

b) the opportunity to submit questions, topics, or implementation-related inquiries, as well as access to professional guidance, advisory input, and decision-support within the scope of the offered formats;

c) access to a protected member area;

d) access to scheduled events, access links, and other materials and content made available as part of the community or membership.

(3) Communities, memberships, and member areas are intended to provide a structured environment for information, guidance, and advisory support. Unless expressly agreed otherwise, they do not include individual consulting services, ongoing personal support, support between scheduled sessions, or continuous availability of iMellan GmbH.

(4) Participation in communities, memberships, member areas, and other group formats shall be conducted in a respectful manner and with due regard for the rights and legitimate interests of other participants.

(5) Unless expressly permitted, participants may not record, reproduce, distribute, publish, or otherwise make available to third parties any live sessions, workshops, group events, or other content.

(6) Where the applicable service description provides for the submission of questions or topics, the communicated submission deadlines must be observed. There is no entitlement to the consideration of questions or topics submitted after the applicable deadline.

(7) Participation in live sessions is voluntary. There is no entitlement to replacement sessions, alternative dates, or individual make-up sessions.

(8) The term, cancellation rights, minimum subscription periods, and any other conditions relating to a community, membership, or member area shall be governed by the respective service description.

(9) Unless expressly agreed otherwise, access to member areas, content, and other membership services is available only during an active community participation or membership.

(10) Upon termination of a community participation or membership, access to member areas and to all content and services provided as part of the community or membership shall cease, unless otherwise specified in the applicable service description.

(1) The presentation of offers and services on the website, sales pages, social media platforms, in presentations, emails, newsletters, or other informational and promotional materials does not constitute a legally binding offer. Rather, it constitutes an invitation for the Customer to submit an offer to enter into a contract with iMellan GmbH.

(2) By placing an order, making a booking, or registering for a service, the Customer submits a binding offer to enter into a contract.

(3) A contract shall only be concluded upon acceptance of the Customer’s offer by iMellan GmbH. Acceptance is generally confirmed by means of a booking confirmation, order confirmation, or registration confirmation in text form, in particular by email, or by the provision of the booked service.

(4) Orders and contract processing are generally carried out electronically. The Customer is responsible for providing a correct and complete email address when placing an order and for notifying iMellan GmbH without undue delay of any changes thereto.

(5) iMellan GmbH reserves the right to reject any offer to enter into a contract without stating reasons.

(6) The contract language is German or English. Where contractual documents are provided in more than one language, the German version shall prevail in the event of any discrepancy, inconsistency, conflict, or difference in interpretation, unless otherwise expressly provided for in these Terms and Conditions.

(7) Legal transactions may be concluded by telephone, in writing, by email, through contact forms, messenger services, video conferencing systems, booking systems, sales platforms, social media platforms, third-party websites, or any other digital channels used by iMellan GmbH.

(1) All content, materials, documents, and other work products provided as part of the services are protected by copyright and other applicable intellectual property laws.

(2) The Customer is granted a non-exclusive, non-transferable licence to use the content and materials provided for the Customer’s own private or business purposes within the scope of the respective purchased offer.

(3) Any transfer, sublicensing, publication, reproduction, distribution, public communication, public display, or other disclosure of the content or materials to third parties is prohibited without the prior express consent of iMellan GmbH.

(4) The use of the content and materials is permitted exclusively to the respective Customer. Access credentials for member areas, programmes, digital content, or other protected resources must be treated as confidential and may not be shared with third parties.

(5) Any trademarks, logos, trade names, business names, designations, identifiers, or other protected signs used on websites, platforms, documents, content, or other materials are legally protected. No rights to such protected signs are granted to the Customer.

(6) Any uses that are mandatorily permitted under applicable law shall remain unaffected by the foregoing provisions.

(1) All services provided by iMellan GmbH are intended for information, guidance, analysis, education, decision support, and the communication of methods, strategies, and possible courses of action.

(2) The implementation of any recommendations, information, strategies, suggested actions, or other content remains solely the responsibility of the Customer.

(3) Unless expressly agreed otherwise, iMellan GmbH does not warrant or guarantee any specific economic, financial, business, or personal outcome.

(4) The content, information, analyses, assessments, opinions, and recommendations provided do not constitute legal advice, tax advice, financial advice, or any other form of regulated professional advice. In particular, iMellan GmbH does not review, assess, or advise on the Customer’s individual legal, tax, business registration, regulatory, compliance, licensing, or other statutory requirements.

(5) Services, content, analyses, assessments, and other materials may be created, supported, processed, or provided, in whole or in part, through the use of digital technologies, automation, or AI-assisted systems.

(6) The Customer is responsible for independently assessing whether and to what extent the content, recommendations, or suggested actions are appropriate for the Customer’s individual circumstances.

(7) Where templates, samples, checklists, guides, assessments, resources, or comparable materials are provided, they are intended solely as general guidance. The Customer is responsible for reviewing, adapting, and applying such materials to their individual circumstances and, where appropriate, obtaining qualified professional advice.

(8) Responsibility for all business, financial, legal, tax, regulatory, or other decisions, as well as their implementation, remains solely with the Customer.

(1) The prices published at the time of the order, booking, or registration shall apply.

(2) Unless expressly agreed otherwise, the full invoice amount shall be due immediately upon conclusion of the contract.

(3) The available payment methods will be displayed during the ordering or booking process. Available payment methods may vary depending on the offer, product, or service.

(4) Payment processing may be carried out through external payment service providers. The terms and conditions of the respective payment service provider shall apply in addition with respect to the technical processing of payments.

(5) Where payment by invoice is offered, the invoice amount must be paid within the payment period specified on the invoice.

(6) Where instalment payments are offered, the number, amount, and due dates of the instalments shall be governed by the respective service description or payment agreement.

(7) The Customer may settle the outstanding balance of an agreed instalment payment arrangement at any time prior to its scheduled completion. The Customer shall not be entitled to any reduction of the agreed total amount.

(8) Digital content, access to programmes, communities, memberships, or other digital services may be withheld or suspended until full payment has been received.

(9) If the Customer is in default of payment, iMellan GmbH shall be entitled to charge statutory default interest and to suspend, withhold, or restrict, in whole or in part, further services, access rights, memberships, or deliveries until all outstanding amounts have been paid in full.

(10) The right to assert any further contractual or statutory claims shall remain unaffected.

(11) Invoices shall generally be provided electronically or sent by email.

(1) Digital self-study programmes, online programmes, digital assessments, communities, memberships, and other digital services or content shall be provided to the Customer in electronic form.

(2) Such services and content may be provided through member areas, online platforms, email, access links, or comparable digital access methods.

(3) Unless otherwise specified in the respective service description, the booked services shall be provided following successful conclusion of the contract and receipt of the agreed payment.

(4) Individual consulting, advisory, or other agreed appointments are generally conducted via video conferencing systems or comparable digital communication channels. The necessary access information shall be provided to the Customer in a timely manner and through an appropriate means of communication.

(5) The Customer is responsible for keeping any access credentials provided to them confidential and for protecting them against access by unauthorised third parties. The sharing of access credentials with third parties is prohibited.

(6) The Customer shall ensure that the use of the provided content and access rights is limited exclusively to the Customer. If the Customer becomes aware that unauthorised third parties may have gained access to their access credentials, the Customer shall notify iMellan GmbH without undue delay.

(7) iMellan GmbH reserves the right to temporarily or permanently suspend access where there are reasonable grounds to believe that the Customer has violated these Terms and Conditions, applicable law, or the permitted use of the services provided. The same shall apply where suspension is necessary to protect the legitimate interests of iMellan GmbH.

(8) Unless expressly agreed otherwise, access to digital services shall be granted only upon receipt of the agreed payment.

(1) To the extent that services provided by iMellan GmbH are delivered in the form of individual appointments, group formats, live training sessions, workshops, communities, memberships, or comparable formats, the following provisions shall apply.

(2) Agreed individual appointments may be rescheduled by either party for good cause. In such cases, the parties shall make reasonable efforts to arrange an appropriate alternative appointment.

(3) iMellan GmbH reserves the right to reschedule or cancel appointments, live sessions, workshops, group events, or comparable services for organisational reasons, illness, force majeure, or other important reasons. Where reasonable and practicable, an alternative appointment or a comparable substitute service may be offered. The Customer shall have no claim for damages arising from such rescheduling or cancellation.

(4) If a Customer is unable to attend an agreed individual appointment, the Customer shall notify iMellan GmbH without undue delay.

(5) Individual appointments may be rescheduled or cancelled free of charge up to 24 hours before the scheduled appointment time. If the appointment is cancelled or rescheduled later than this, or if the Customer fails to attend the scheduled appointment, the appointment may be deemed completed. In such cases, the Customer shall not be entitled to a replacement appointment, a refund of any payments already made, or a credit.

(6) Unless otherwise specified in the applicable service description, Customers shall have no entitlement to the repetition of individual sessions or events within communities, memberships, group programmes, workshops, live training sessions, or comparable group formats.

(7) Participation in live sessions is voluntary. Any recordings, summaries, replays, or other substitute services shall only be provided where expressly stated in the applicable service description.

(8) iMellan GmbH reserves the right to use suitable technical systems, platforms, or communication channels for the provision of its services and to replace them with comparable alternatives where necessary.

(9) Any further rights of the Customer shall remain unaffected to the extent required by mandatory applicable law.

(1) iMellan GmbH reserves the right to temporarily or permanently exclude Customers from communities, memberships, member areas, group formats, online programmes, digital self-study programmes, digital content, or other services where there is good cause.

(2) Good cause shall exist in particular where the Customer breaches these Terms and Conditions, shares access credentials without authorisation, infringes the rights of third parties, violates applicable laws, uses the services provided in breach of the contract, or materially impairs the legitimate interests of iMellan GmbH or other participants.

(3) To the extent permitted by law, an exclusion pursuant to this Section shall not give rise to any entitlement to a refund of payments already made.

(4) Any further statutory or contractual rights of iMellan GmbH shall remain unaffected.

(1) iMellan GmbH shall keep confidential all Confidential Information of the Customer that becomes known in connection with the business relationship.

(2) “Confidential Information” means all information, documents, data, trade secrets and other proprietary information, as well as any business, financial, personal, or other information relating to the Customer that is not publicly known and whose confidential nature is apparent or has been expressly designated as confidential by the Customer.

(3) The obligation of confidentiality shall apply throughout the duration of the business relationship and shall continue after its termination.

(4) The obligation of confidentiality shall not apply to the extent that disclosure is required by applicable law, governmental or regulatory authority, or court order.

(5) Any statutory confidentiality, data protection, record-keeping, or retention obligations shall remain unaffected.

(1) Consumers within the meaning of Section 13 of the German Civil Code (BGB) are generally entitled to a statutory right of withdrawal.

(a) The statutory withdrawal period is 14 days.

(b) In the case of digital content, digital services, online programmes, digital self-study programmes, communities, memberships, or other digital services, the right of withdrawal may expire prematurely if the Consumer expressly agrees that iMellan GmbH shall begin performance of the contract before the expiry of the withdrawal period and simultaneously acknowledges that, by giving such consent, the Consumer loses the right of withdrawal once performance of the contract has commenced.

(2) Entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) are not entitled to a statutory right of withdrawal.

(3) Details regarding the right of withdrawal, the conditions for exercising it, its premature expiry, and all other legally required information are set out in the separate Withdrawal Notice.

The statutory warranty rights shall apply.

(1) iMellan GmbH shall be liable without limitation for intent and gross negligence.

(2) In the event of a slightly negligent breach of a material contractual obligation (essential contractual obligation), the liability of iMellan GmbH shall be limited to the foreseeable damage typical for the contract. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the Customer may reasonably rely.

(3) Except as provided in paragraphs (1) and (2), liability for slightly negligent breaches of duty is excluded.

(4) The above limitations and exclusions of liability shall not apply in cases of injury to life, body, or health, under the German Product Liability Act (Produkthaftungsgesetz), or where liability is mandatory under applicable law.

(5) iMellan GmbH shall not be liable for the continuous or uninterrupted availability of internet connections, platforms, member areas, communication systems, or other technical facilities used to provide digital services, to the extent that such circumstances are beyond the reasonable control of iMellan GmbH. This applies in particular to services, systems, or technical infrastructure provided by third-party providers, payment service providers, hosting providers, software platforms, communication services, or other third parties.

(6) The above limitations and exclusions of liability shall apply equally for the benefit of the legal representatives, employees, agents, contractors, freelancers, and any other third parties engaged by iMellan GmbH in connection with the provision of its services.

(1) Any amendments or additions to these Terms and Conditions, as well as any other agreements between the parties, shall be valid only if made at least in text form (e.g. by email), unless a stricter form is required by law.

(2) These Terms and Conditions and all contractual relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship shall be Erding, Germany. In all other cases, the statutory rules on jurisdiction shall apply.

(3) The European Commission provides an Online Dispute Resolution (ODR) platform, which is available at: https://ec.europa.eu/consumers/odr. iMellan GmbH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

(4) Should any provision of these Terms and Conditions be or become wholly or partially invalid, unenforceable, or ineffective, the validity of the remaining provisions shall remain unaffected. The statutory provision shall replace the invalid, unenforceable, or ineffective provision. The same shall apply in the event of any gap or omission in these Terms and Conditions.