Terms of Service
Last updated: [DATE]
1. Who you are contracting with
These terms govern the sale of digital products through this website by Hannah [SURNAME], [STREET], [POSTCODE] [CITY], Germany ("I", "me"). Full contact details are in the Impressum.
These terms apply to consumers and to business customers. A consumer is any natural person entering into the contract for purposes outside their trade, business or profession.
2. The product
"The First Five" is a digital product consisting of a PDF playbook and a plain-text swipe file, delivered by download. No physical goods are shipped.
The product is educational material. It describes methods for managing guest communication and collecting reviews on the Airbnb platform. It is not affiliated with, endorsed by or sponsored by Airbnb, Inc.
3. How a contract is formed
The presentation of the product on this website is not a binding offer. By completing checkout, you make a binding offer to purchase. The contract comes into effect when I accept your order — in practice, when the download is made available to you or an order confirmation is sent, whichever is earlier.
The contract language is English. The contract text is not stored by me in a form separately accessible to you after conclusion; please retain your order confirmation.
4. Prices and payment
Prices are stated on the product page and are inclusive of any applicable statutory VAT. Payment is processed by [PAYMENT PROVIDER]; their terms apply to the payment transaction itself.
If you use the small business rule (§ 19 UStG), replace the sentence above with: "In accordance with § 19 UStG, no VAT is charged."
Selling digital products to consumers in other EU countries has its own VAT treatment. Confirm your position with a tax adviser or your local IHK before launch — this is one of the few things here that can create a retrospective liability.
5. Delivery
The product is delivered electronically, normally immediately after successful payment, by a download link sent to the email address you provide. It is your responsibility to give a working email address and to ensure the message is not blocked by filters. If you have not received the product within 24 hours, contact me and I will resend it.
6. Right of withdrawal and its early expiry
As a consumer you have a statutory right to withdraw from a distance contract within 14 days without giving reasons.
For digital content not supplied on a physical medium, that right expires early once I have begun performance, provided that you have expressly consented to me beginning performance before the withdrawal period ends, and you have confirmed your awareness that you thereby lose your right of withdrawal.
Because this product is delivered immediately, you will be asked at checkout to give that consent and confirmation. If you do not give it, delivery will be held until the withdrawal period has passed.
Full details, including the model withdrawal form and my separate voluntary refund guarantee, are in the Refund Policy.
7. Licence and permitted use
On payment you receive a non-exclusive, non-transferable licence to use the product for your own purposes, including in your own hosting business. You may print it and keep copies for your own use.
You may adapt the message templates freely and use them with your own guests. That is what they are for.
You may not:
- resell, sublicense, rent or distribute the product or any substantial part of it;
- publish it, upload it to file-sharing or content platforms, or otherwise make it publicly available;
- reproduce it in your own paid or free product, course or newsletter;
- remove or obscure attribution or copyright notices.
All rights not expressly granted remain reserved.
8. What the product does not promise
The product describes methods and provides templates. It does not guarantee any particular outcome — no specific number of reviews, no particular rating, no badge, no ranking position and no revenue. Results depend on your property, your market, your guests and your own execution.
Airbnb sets and changes its own thresholds, badge criteria and promotional terms without notice, and may do so at any time. Statements in the product about the Airbnb platform reflect Airbnb's published documentation at the time of writing and are provided for information only.
Nothing in the product is legal, tax or financial advice.
9. Liability
I am liable without limitation for damages arising from injury to life, body or health, for intent and gross negligence, and under the Product Liability Act.
In cases of slight negligence, I am liable only for breach of a material contractual obligation — an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance you may regularly rely. In that case liability is limited to the foreseeable damage typical for this type of contract.
Any further liability is excluded.
10. Defects
Statutory rights in respect of defects apply. If the file is corrupted, incomplete or cannot be opened, contact me and I will supply a working copy.
11. Changes to these terms
The version of these terms in force at the time of your purchase applies to your contract. Changes do not apply retrospectively.
12. Applicable law and jurisdiction
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer resident in the EU, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of residence.
13. Severability
If any provision of these terms is or becomes invalid, the validity of the remaining provisions is unaffected.
14. Consumer dispute resolution
I am neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
The checkout consent in section 6 has to actually exist. This is the part people get wrong. Your checkout must present a tick box or equivalent where the buyer expressly consents to immediate delivery and confirms they understand they lose the withdrawal right. Shopify, Gumroad and Lemon Squeezy can each be configured for this. If that box isn't there, the withdrawal right does not expire early and a buyer can demand their money back within 14 days regardless of what this page says.
This is a draft, not legal advice. I am not a lawyer. German AGB law is strict about unfair clauses, and clauses that fail are simply void. Have this reviewed before you sell.