Terms

1.1. These General Terms and Conditions ("GTC") apply to all agreements concerning consulting services entered into between The Brand Case, represented by Lara Schmitt (hereinafter referred to as the "Consultant"), and its clients (hereinafter referred to as the "Client").

1.2. These GTC apply exclusively to entrepreneurs (Unternehmer) within the meaning of Section 14 of the German Civil Code (Bürgerliches Gesetzbuch – BGB). Agreements with consumers shall only be concluded where expressly agreed in writing.

1.3. Any conflicting, deviating, or supplementary terms and conditions of the Client shall not apply unless expressly accepted by the Consultant in writing.

1.4. Individual agreements contained in a proposal or consulting agreement shall prevail over these GTC.

For the purposes of these GTC, the following definitions shall apply:

Deliverables

All consulting results specifically created for the Client, including but not limited to strategy documents, presentations, analyses, positioning frameworks, messaging systems, brand frameworks, reports, and comparable project-specific materials.

Frameworks

Any methodologies, models, systems, templates, canvases, workshop methods, processes, checklists, or other proprietary consulting tools developed, owned, or used by the Consultant before, during, or after the engagement.

Project

Any consulting engagement or defined scope of work agreed upon between the parties.

Retainer

An ongoing consulting engagement performed on a recurring basis within an agreed scope and term.

Additional Services

Any services not expressly included in the accepted proposal.

3.1. The Consultant provides strategic consulting services in the field of brand development.

3.2. Services may include, in particular:

• Brand Strategy;
• Brand Positioning;
• Brand Architecture;
• Messaging Systems;
• Brand Narrative;
• Brand Operating Systems;
• Creative Direction;
• Communication Strategy;
• Executive Advisory;
• Workshops;
• or Strategic Marketing Consulting.

3.3. The exact scope of services shall be determined exclusively by the respective proposal accepted by the Client.

3.4. All services constitute consulting, analytical, conceptual, or facilitation services.

3.5. Unless expressly agreed otherwise in writing, operational implementation—including but not limited to graphic design, software development, copywriting, paid advertising, technical implementation, or production services—is not part of the Consultant's contractual obligations.

3.6. The Consultant does not guarantee any specific commercial outcome, including but not limited to revenue growth, increased market share, improved business performance, successful fundraising, lead generation, or other measurable business results.

4.1. Proposals issued by the Consultant are non-binding unless explicitly designated as binding.

4.2. A contract shall be deemed concluded upon:

• written acceptance of a proposal;
• confirmation via email;
• execution through electronic signature;
• any written instruction to commence work;
• or the commencement of services at the Client's request.

4.3. Amendments or additions to a proposal shall only become binding upon confirmation by the Consultant.

5.1. The scope of work is exclusively determined by the accepted proposal.

5.2. Any services not expressly included shall be deemed excluded from the engagement.

5.3. The Consultant may engage qualified subcontractors or external specialists where necessary, provided that the Client's legitimate interests are not adversely affected.

5.4. Third-party services—including but not limited to design, web development, photography, videography, translation, software engineering, or similar services—are not included unless expressly stated in the proposal.

5.5. Where the Client independently appoints third-party service providers, the Consultant assumes no responsibility or liability for their work, performance, or deliverables.

6.1. The Consultant performs all Services as an independent contractor.

6.2. Nothing in this Agreement shall be construed as creating an employment relationship, partnership, joint venture, agency, fiduciary relationship, or any other form of legal association between the Parties.

6.3. The Consultant shall remain solely responsible for determining the manner and method of performing the Services, unless expressly agreed otherwise.

Unless expressly agreed otherwise in writing, the Consultant shall remain free to provide services to other clients, including competitors of the Client. In doing so, the Consultant shall continue to comply with all confidentiality obligations owed to the Client.

8.1. Successful consulting requires active cooperation by the Client.

8.2. The Client shall, in particular,

a) provide complete and accurate information necessary for the engagement;

b) supply all required documents and materials in a timely manner;

c) appoint a decision-making contact person;

d) provide approvals within reasonable timeframes;

e) submit consolidated and complete feedback wherever reasonably possible.

8.3. Unless otherwise agreed, feedback should be provided within five (5) business days.

8.4. Any delays resulting from the Client's failure to cooperate shall automatically extend agreed project timelines accordingly.

8.5. Should additional work become necessary due to incomplete, delayed, or inaccurate cooperation by the Client, such work may be invoiced separately after prior notification.

9.1. Any project schedules, timelines, milestones, or estimated delivery dates are provided for planning purposes only and shall not constitute binding deadlines unless expressly agreed in writing.

9.2. The Consultant may structure the engagement into reasonable project phases and deliver work in successive stages where appropriate.

9.3. Workshops, strategy sessions, presentations, and meetings shall be scheduled by mutual agreement.

9.4. If the Client postpones a scheduled meeting or workshop less than twenty-four (24) hours before its agreed start time, or fails to attend without prior notice, the Consultant may treat the appointment as delivered if the reserved time could not reasonably be allocated elsewhere.

9.5. Should a workshop or meeting significantly exceed its agreed duration due to circumstances attributable to the Client, the additional time may be invoiced separately.

9.6. The Consultant may reschedule appointments for justified reasons, including illness, force majeure, or unforeseen operational circumstances. The Client shall be informed without undue delay.

10.1. The Client may request changes or additions to the agreed scope of work at any time.

10.2. Such requests shall not create any entitlement to additional services free of charge.

10.3. Changes to the agreed scope may affect:

• fees;
• project timelines;
• resource allocation;
• delivery dates;
• or the overall project structure.

10.4. Before commencing any additional work, the Consultant shall inform the Client of any material commercial or scheduling implications.

10.5. Additional Services shall only be performed following the Client's approval in writing or in text form (including email).

10.6. Where the Client expressly instructs the Consultant to proceed with additional work, or knowingly accepts such work without objection, the additional services shall be deemed commissioned.

11.1. Fees shall be determined exclusively by the accepted proposal.

11.2. Unless otherwise agreed, all fees are quoted exclusive of applicable value-added tax (VAT), where legally applicable.

11.3. Unless otherwise agreed, payment shall be structured as follows:

• fifty percent (50%) upon project commencement;
• fifty percent (50%) prior to delivery of the final Deliverables.

11.4. Retainer engagements shall be invoiced in advance for the relevant billing period.

11.5. Where services are charged on an hourly or daily basis, invoices shall reflect the actual time spent unless a fixed fee has been agreed.

11.6. Travel expenses, accommodation costs, and other reasonable out-of-pocket expenses shall only be invoiced where previously agreed with the Client.

12.1. Invoices are payable within fourteen (14) calendar days from the invoice date without deduction.

12.2. Payment shall be deemed received only when the invoiced amount has been credited to the Consultant's designated bank account.

12.3. If the Client is in default of payment, the Consultant may, after prior notice,

• suspend ongoing work;
• postpone scheduled meetings or workshops;
• withhold Deliverables not yet provided;
• suspend further performance until all outstanding invoices have been settled.

12.4. Statutory default interest and any further statutory rights remain unaffected.

12.5. The Client may only offset claims or exercise rights of retention where such claims have been finally adjudicated, are undisputed, or expressly acknowledged by the Consultant.

13.1. If a Project is suspended at the Client's request, or due to circumstances for which the Client is responsible, for more than thirty (30) consecutive calendar days, the Consultant may:

• reschedule the Project;
• revise the Project timeline;
• reallocate internal resources.

13.2. In such circumstances, the Client shall have no entitlement to the originally planned delivery schedule.

13.3. Services already rendered shall remain fully payable.

13.4. Where a Project remains suspended for more than ninety (90) consecutive calendar days, the Consultant may consider the engagement terminated and invoice all services rendered up to that date.

14.1. Retainer engagements provide ongoing strategic consulting within the agreed monthly scope.

14.2. Unless expressly agreed otherwise, unused consulting hours, meetings, or consulting capacity shall expire at the end of each billing period.

14.3. Unused capacity shall neither roll over into subsequent billing periods nor give rise to any refund or credit.

14.4. Any services exceeding the agreed Retainer scope shall be invoiced separately.

14.5. The Parties may agree at any time to increase or reduce the Retainer scope to reflect changing business requirements.

15.1. Consulting services shall be deemed completed once the agreed Deliverables have been presented or made available to the Client.

15.2. The Client shall review the Deliverables within seven (7) calendar days.

15.3. If no written notice identifying material contractual deficiencies is received within this period, the Deliverables shall be deemed accepted.

15.4. Minor comments, subjective preferences, or requests for additional creative exploration shall not constitute grounds for refusing acceptance.

15.5. Any changes requested after acceptance shall constitute Additional Services and may be invoiced separately.

16.1. Project-based agreements shall automatically terminate upon completion of the agreed Services. No separate notice of termination shall be required.

16.2. Ongoing engagements, including Retainers, shall continue for the minimum term specified in the respective Proposal.

16.3. Following the expiry of any agreed minimum term, either Party may terminate a Retainer Agreement by giving one (1) month's notice to the end of a calendar month, unless otherwise agreed in writing.

16.4. The statutory right of either Party to terminate the Agreement for good cause (außerordentliche Kündigung) shall remain unaffected.

16.5. Any notice of termination must be made at least in text form (including email).

17.1. If the Client terminates a Project before its completion, all Services performed up to the effective termination date shall remain payable.

17.2. The Client shall reimburse all reasonable expenses and third-party costs already incurred on its behalf.

17.3. Where a fixed project fee has been agreed, the Consultant may invoice the proportion of the fee corresponding to the Services already performed.

17.4. Where the Consultant has reserved personnel, consulting capacity, or Project resources specifically for the Client and such capacity cannot reasonably be allocated elsewhere following the termination, the Consultant shall remain entitled to the agreed remuneration to the extent permitted under applicable law.

18.1. Ownership of all intellectual property rights shall remain with the Consultant unless expressly transferred under this Agreement.

18.2. Upon full payment of all outstanding invoices, the Client shall receive a non-exclusive, perpetual, and worldwide license to use the Deliverables created specifically for the Client for its own internal business purposes.

18.3. Unless expressly agreed otherwise in writing, the license granted under this Agreement does not include the right to:

• sublicense;
• resell;
• distribute commercially;
• modify for resale;
• or make the Deliverables available as standalone products or services.

18.4. Drafts, preliminary concepts, working documents, source files, research materials, and internal production files remain the property of the Consultant unless their transfer has been expressly agreed.

19.1. All methodologies, frameworks, systems, models, templates, canvases, workshop concepts, prompts, checklists, consulting processes, operating models, and other proprietary know-how used or developed by the Consultant remain the exclusive intellectual property of the Consultant.

19.2. This applies irrespective of whether such materials were:

• created before the engagement;
• refined during the Project;
• presented during workshops;
• incorporated into Deliverables;
• or developed collaboratively with the Client.

19.3. The Client acquires no ownership rights in the Consultant's underlying methodologies, know-how, or consulting tools.

19.4. Unless expressly authorized in writing, the Client shall not:

• reproduce;
• commercialize;
• license;
• sell;
• publish;
• adapt for commercial consulting purposes;
• or otherwise exploit the Consultant's proprietary methodologies independently of the Deliverables.

19.5. Nothing in this Agreement shall restrict the Consultant from using, applying, refining, developing, or further enhancing her general professional knowledge, experience, methodologies, frameworks, models, processes, ideas, concepts, or know-how acquired or developed in the course of her professional activities for other clients, projects, or her own business purposes, provided that the Consultant does not disclose or make unauthorized use of the Client's Confidential Information or Client-specific protected Deliverables.

20.1. The Consultant may use appropriate artificial intelligence ("AI") tools to support the efficient delivery of the Services.

20.2. The use of AI shall not reduce the Consultant's professional responsibility for the quality, accuracy, and strategic integrity of the Deliverables.

20.3. Confidential Information and personal data shall only be processed in compliance with applicable data protection laws.

20.4. Unless expressly agreed otherwise, the Client acquires rights only in the final Deliverables and not in any intermediate prompts, workflows, AI configurations, or internal production processes used by the Consultant.

21.1. Unless the Client objects in accordance with § 21.4, the Consultant may identify the Client as a business reference following completion of the Project.

21.2. The Consultant may use:

• the Client's company name;
• logo;
• a brief description of the engagement;
• images and excerpts of the Deliverables;
• and the nature of the Services provided

for reasonable marketing and portfolio purposes.

21.3. No confidential information, internal documents, unpublished strategies, or commercially sensitive information shall be disclosed without the Client's prior written consent.

21.4. The Client may object to future reference use at any time by giving notice in text form. Such objection shall apply prospectively only.

21.5. Where the Client voluntarily provides a testimonial, review, or recommendation, the Consultant may use such testimonial for reasonable marketing and portfolio purposes unless the Client withdraws its consent.

22.1. Each Party shall treat all Confidential Information received from the other Party as strictly confidential.

22.2. Confidential Information includes, in particular:

• business strategies;
• financial information;
• customer information;
• internal processes;
• technical information;
• Project documentation;
• Deliverables;
• workshop materials;
• presentations;
• analyses;
• and all information which, by its nature or the circumstances of disclosure, should reasonably be regarded as confidential.

22.3. Confidential Information shall not include information which:

• is publicly available without breach of this Agreement;
• was lawfully obtained from a third party;
• was independently developed without reference to the Confidential Information;
• or must be disclosed pursuant to applicable law or a legally binding order of a competent authority.

22.4. The confidentiality obligations under this Agreement shall survive its termination.

23.1. The Consultant may retain Project documentation for the duration of any applicable statutory retention periods.

23.2. The Consultant is under no obligation to archive Project files indefinitely.

23.3. Following delivery of the Deliverables, the Client shall be responsible for maintaining appropriate backups of all files provided.

23.4. After expiry of applicable statutory retention periods, or where otherwise legally permissible, the Consultant may permanently delete Project documentation in accordance with applicable data protection laws.

24.1. The Consultant shall be liable without limitation for damages resulting from intentional misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit).

24.2. In cases of slight negligence, the Consultant shall only be liable for the breach of essential contractual obligations (Kardinalpflichten). In such cases, liability shall be limited to the foreseeable damage typical for this type of agreement at the time the contract was concluded.

24.3. Any further liability for slight negligence is excluded to the fullest extent permitted under applicable law.

24.4. The foregoing limitations of liability shall not apply to:

• injury to life, body, or health;
• liability under the German Product Liability Act (Produkthaftungsgesetz);
• fraudulent concealment of defects;
• expressly assumed guarantees;
• or any other liability that cannot legally be excluded or limited.

24.5. The Consultant shall not be liable for business decisions, investments, operational measures, commercial developments, or other actions taken by the Client based on the Consultant's advice or Deliverables.

24.6. Strategic recommendations are based on the information available at the time of the engagement and represent professional assessments rather than guarantees of future results.

24.7. The Client remains solely responsible for evaluating, implementing, and acting upon any recommendations made by the Consultant.

24.8. The Consultant shall not be liable for services, products, or Deliverables provided by third parties, including any external suppliers, agencies, or freelancers engaged by or on behalf of the Client.

25.1. The Services provided under this Agreement constitute professional consulting services and do not constitute a guarantee of commercial success or a contract for a specific result.

25.2. The Consultant therefore does not warrant or guarantee:

• revenue growth;
• increased profitability;
• market success;
• financing or investment outcomes;
• lead generation;
• customer acquisition;
• or any comparable commercial objective.

25.3. If the Client identifies a material defect in the Services, the Consultant shall first be given a reasonable opportunity to remedy the defect.

25.4. Only where such remedy has definitively failed or is unreasonable shall the Client be entitled to exercise any statutory rights available under applicable law.

26.1. Neither Party shall be liable for delays or failures in performance caused by events beyond its reasonable control.

26.2. Force Majeure includes, but is not limited to:

• natural disasters;
• war;
• terrorism;
• pandemics;
• epidemics;
• strikes;
• governmental actions;
• cyberattacks;
• widespread internet outages;
• prolonged power failures;
• civil unrest;
• or any comparable unforeseeable event beyond the affected Party's reasonable control.

26.3. The affected Party shall notify the other Party without undue delay after becoming aware of such event.

26.4. Where a Force Majeure event continues for more than sixty (60) consecutive calendar days, either Party may terminate the Agreement with prospective effect.

27.1. Both Parties shall comply with all applicable data protection laws, including the General Data Protection Regulation (EU) 2016/679 ("GDPR") and any applicable German data protection legislation.

27.2. Further information regarding the processing of personal data is set out in the Consultant's Privacy Policy.

27.3. Where the Services require processing of personal data on behalf of the Client within the meaning of Article 28 GDPR, the Parties shall enter into a separate Data Processing Agreement prior to the commencement of such processing.

28.1. The Parties agree that communication may take place electronically.

28.2. Electronic communication includes, without limitation:

• email;
• video conferencing;
• project management platforms;
• collaboration software;
• electronic signature services;
• and comparable digital communication tools.

28.3. Electronic communications shall be deemed received when they become accessible under normal operating conditions.

28.4. Unless mandatory law requires a stricter form, text form (Textform) shall satisfy any contractual requirement for written communication under these GTC.

29.1. These GTC and all contractual relationships between the Parties shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

29.2. To the extent legally permissible, the exclusive place of jurisdiction shall be the registered place of business of the Consultant.

29.3. The English version of these GTC is provided solely for the convenience of international Clients. In the event of any discrepancy, ambiguity, or inconsistency between the German and English versions, the German version shall prevail.

30.1. These GTC, together with the applicable Consulting Agreement and the accepted Proposal, constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede all prior negotiations, discussions, understandings, and representations relating thereto.

30.2. If any provision of these GTC is held to be invalid, illegal, or unenforceable, the validity of the remaining provisions shall remain unaffected.

30.3. Any invalid or unenforceable provision shall be replaced by the applicable statutory provision. Where no such statutory provision exists, the Parties shall be deemed to have agreed upon a valid provision that most closely reflects the commercial intent of the original provision.

30.4. Amendments or additions to these GTC shall require at least text form unless mandatory law requires a stricter form.

30.5. These GTC shall also apply to all future engagements between the Parties unless expressly agreed otherwise.

1.1. These General Terms and Conditions for Digital Products ("Brand Kit GTC") apply to digital products and resources made available under The Brand Kit by:

The Brand Case Owner: Lara Katharina Schmitt Prälat-Diehl-Straße 2 64372 Ober-Ramstadt Germany Email: info@thebrandcase.studio Website: www.thebrandcase.studio ("Provider").

1.2. The Brand Kit comprises digital products and resources relating to brand development, brand strategy, positioning, messaging, identity, implementation, brand management, and related subjects.

1.3. Brand Kit Products may be offered for purchase or access through Gumroad, which provides the transaction and distribution infrastructure and acts as Merchant of Record for transactions completed through its services in accordance with its applicable terms.

1.4. These Brand Kit GTC govern in particular the scope and characteristics of Brand Kit Products provided by the Provider, the Customer's rights of access and use, license conditions, intellectual property rights, product-specific obligations and restrictions, and the relationship between the Provider and the Customer concerning the Brand Kit Product.

1.5. The purchase transaction through Gumroad, including checkout, payment processing, invoicing, applicable indirect taxes, and other transaction-related matters, is additionally subject to the terms and policies applicable to the Customer's use of Gumroad.

1.6. These Brand Kit GTC apply to both paid and free Brand Kit Products where applicable. Certain provisions apply only to Consumers or only to Entrepreneurs where expressly stated.

1.7. These Brand Kit GTC do not apply to individual consulting services provided by The Brand Case. Consulting services are governed by the separate General Terms and Conditions for consulting services and, where applicable, the relevant Proposal, Consulting Agreement, and associated policies.

1.8. Subscription services offered separately under The Brand Subscription are subject to separate terms and conditions unless expressly stated otherwise.

1.9. Any individual agreement expressly concluded between the Provider and the Customer takes precedence over these Brand Kit GTC with respect to the subject matter of that individual agreement.

2.1. Brand Kit Product means any digital product or resource offered under The Brand Kit by the Provider.

2.2. Brand Kit Products may include, in particular:

• digital courses and lessons;
• guides, workbooks, and digital publications;
• Templates;
• Frameworks and strategic tools;
• worksheets and checklists;
• reference materials;
• digital documents and presentations;
• downloadable files;
• video, audio, and other multimedia content;
• online or platform-based resources;
• bundles or collections of Brand Kit Products; and
• other digital educational or professional resources expressly offered as part of The Brand Kit.

2.3. Consumer means any natural person who enters into a legal transaction for purposes that predominantly are outside that person's trade, business, or profession within the meaning of § 13 of the German Civil Code (Bürgerliches Gesetzbuch – BGB).

2.4. Entrepreneur means a natural or legal person or a partnership with legal personality acting, when entering into a legal transaction, in the exercise of its trade, business, or profession within the meaning of § 14 BGB.

2.5. Customer means any Consumer or Entrepreneur who lawfully acquires or accesses a Brand Kit Product.

2.6. Frameworks means methods, models, processes, systems, structures, strategic approaches, tools, canvases, and comparable proprietary materials contained in or forming part of a Brand Kit Product.

2.7. Templates means editable or reusable structures, documents, worksheets, files, layouts, prompts, or other materials intended to support the Customer in creating the Customer's own work product.

3.1. The specific content, scope, format, functionality, compatibility, access method, and price of a Brand Kit Product are determined by the applicable product description available at the time of purchase or acquisition.

3.2. Product descriptions, previews, sample lessons, and other information expressly made available in connection with a Brand Kit Product form part of the agreed characteristics of that Brand Kit Product to the extent required by applicable law.

3.3. The Provider may offer Brand Kit Products individually or as part of a bundle.

3.4. Where several Brand Kit Products are offered together as a bundle, the bundle comprises the products expressly identified as included at the time of purchase.

3.5. Unless expressly stated otherwise, purchasing a bundle does not create an entitlement to Brand Kit Products, courses, Templates, Frameworks, resources, or other materials first released after the purchase.

3.6. The Provider may offer both free and paid Brand Kit Products.

4.1. Paid Brand Kit Products are offered for purchase through Gumroad unless expressly stated otherwise.

4.2. When the Customer follows a purchase, download, or comparable link from the Provider's website to Gumroad, the transaction is completed through Gumroad's services.

4.3. Gumroad acts as Merchant of Record for transactions processed through its services in accordance with Gumroad's applicable terms.

4.4. Gumroad is responsible for the transaction functions assigned to it under its applicable terms, including payment processing and the administration, collection, reporting, and remittance of applicable indirect taxes where required.

4.5. The Customer's use of Gumroad and completion of a transaction through Gumroad are additionally subject to Gumroad's applicable terms, checkout conditions, and policies.

4.6. The Provider does not control Gumroad's independent platform terms, payment infrastructure, or technical operation.

4.7. These Brand Kit GTC do not replace Gumroad's terms. Conversely, the use of Gumroad does not expand the Customer's license to the Provider's Brand Kit Products beyond the rights expressly granted under these Brand Kit GTC or the applicable product description.

4.8. In the event of an inconsistency concerning the Customer's permitted use of the Provider's intellectual property or Brand Kit materials, these Brand Kit GTC and any product-specific license govern the license granted by the Provider to the extent legally permissible.

5.1. The applicable purchase price is displayed on the relevant Gumroad product or checkout page before the Customer completes the transaction.

5.2. Available payment methods, currencies, and transaction-related information are determined by the applicable Gumroad checkout.

5.3. Payment is processed through Gumroad or the payment services integrated into Gumroad.

5.4. Gumroad acts as Merchant of Record and handles applicable indirect taxes in accordance with its terms and the legal requirements applicable to the transaction.

5.5. Any invoice, receipt, or comparable transaction document generated through Gumroad is subject to Gumroad's applicable processes.

5.6. Nothing in this section affects mandatory rights of the Customer relating to payments, taxes, or transaction information.

6.1. Brand Kit Products are provided digitally unless expressly stated otherwise.

6.2. Depending on the relevant Brand Kit Product, provision may take place through:

• a Gumroad download;
• a Gumroad product library or account;
• an access link;
• email;
• an online learning or content platform;
• a digital workspace;
• a third-party service identified in the product description; or
• another electronic method described in connection with the Brand Kit Product.

6.3. Access or download information may be provided through Gumroad, the Provider, or another platform used to deliver the relevant Brand Kit Product.

6.4. The Customer is responsible for providing a valid email address and maintaining reasonable access to the email account associated with the purchase.

6.5. Where access credentials are required, the Customer must keep them secure and must not make them available to unauthorized third parties.

6.6. If a Customer has completed a purchase but cannot access the relevant Brand Kit Product, the Customer may contact Gumroad for Gumroad-specific download, payment, or account issues and the Provider for product-specific access or content issues.

6.7. Mandatory statutory rights in the event that a digital product is not provided remain unaffected.

7.1. The Customer is responsible for having a suitable internet connection and the hardware and software ordinarily required to access, download, open, or use the relevant Brand Kit Product.

7.2. Where a Brand Kit Product requires particular software, an account with a third-party service, a particular file format, or another material technical requirement, this will be identified in the applicable product information where required.

7.3. The Provider does not guarantee compatibility with hardware, software, applications, or third-party services beyond the compatibility expressly agreed or required under mandatory law.

7.4. Statutory requirements concerning functionality, compatibility, interoperability, accessibility, and other characteristics of digital products remain unaffected.

8.1. Unless a different license is expressly stated for a particular Brand Kit Product, the Customer receives a limited, non-exclusive, non-transferable, and non-sublicensable right to use the relevant Brand Kit Product in accordance with these Brand Kit GTC.

8.2. The standard Brand Kit license is a single-user license.

8.3. The license permits the Customer to access and use the Brand Kit Product for the Customer's own personal purposes.

8.4. The Customer may apply knowledge, principles, insights, and skills learned through a Brand Kit Product in the Customer's own business or professional work, including work performed for clients.

8.5. Where a Brand Kit Product is intended to enable the Customer to create individual work product, the Customer may use the Customer's own completed work product for the Customer's own personal, business, or professional purposes, including in work performed for clients, subject to any product-specific license conditions.

8.6. The distinction between the Customer's own work product and the underlying Brand Kit Product must be maintained. Permission to use the Customer's own completed work product does not permit the Customer to distribute or commercially exploit the underlying Template, Framework, course material, or other proprietary Brand Kit material.

8.7. The license does not transfer ownership of the Brand Kit Product or any intellectual property rights in the Brand Kit Product to the Customer.

9.1. The standard Brand Kit license is granted to one individual user.

9.2. Purchasing a Brand Kit Product for professional purposes does not automatically create a team, company-wide, agency, or client license.

9.3. The Customer may apply knowledge gained through the Brand Kit Product in work carried out within the Customer's organization or for the Customer's clients.

9.4. The Customer may also use the Customer's own independently created or completed work product within the Customer's organization or in work for clients where permitted under § 8.

9.5. The underlying Brand Kit Product itself, including Templates, Frameworks, worksheets, guides, course materials, videos, files, and other proprietary materials, may not be:

• distributed to team members, employees, contractors, or clients;
• uploaded to a shared company, agency, or client drive;
• maintained as a shared internal resource;
• made available through a company knowledge base, intranet, or resource library; or
• otherwise made accessible to multiple users,

unless the applicable product license or a separate written agreement expressly permits such use.

9.6. Each person requiring direct access to a Brand Kit Product requires an appropriate license.

10.1. Unless expressly authorized by the applicable product license, agreed in writing by the Provider, or permitted by mandatory law, the Customer may not:

• copy or reproduce a Brand Kit Product except to the extent reasonably necessary for authorized use;
• distribute, publish, upload, or otherwise make a Brand Kit Product available to third parties;
• share a Brand Kit Product, account, access link, or download with another person;
• resell or commercially distribute a Brand Kit Product;
• sublicense, rent, lease, or lend a Brand Kit Product;
• incorporate a Brand Kit Product itself into another product, service, course, program, methodology, Framework, Template library, resource library, or comparable offering;
• use Brand Kit materials as materials delivered to the Customer's own clients;
• present the Provider's proprietary Templates, Frameworks, methods, content, or materials as the Customer's own proprietary methodology or intellectual property;
• remove or obscure copyright, trademark, authorship, or other proprietary notices;
• systematically extract, scrape, reproduce, or compile substantial parts of a Brand Kit Product;
• circumvent technical access restrictions or security measures;
• use a Brand Kit Product to create, reproduce, or distribute a substantially identical or substitutive resource based on protected Brand Kit content; or
• otherwise use a Brand Kit Product beyond the rights expressly granted.

10.2. Nothing in this section restricts acts that cannot lawfully be prohibited under applicable mandatory law.

11.1. All copyrights, trademark rights, database rights, and other intellectual property rights in Brand Kit Products and their protected components remain with the Provider or the respective rights holder.

11.2. This includes, where legally protected:

• content and texts;
• courses and lessons;
• Templates;
• Frameworks;
• methods and models;
• diagrams and visual structures;
• workbooks and guides;
• strategic tools;
• checklists and worksheets;
• presentations;
• video, audio, and other media;
• digital systems and workflows;
• proprietary terminology and materials; and
• the selection, structure, and presentation of protected content.

11.3. Payment for a Brand Kit Product is consideration for the contractual right to access and use that product in accordance with the applicable license. It does not constitute an assignment of the Provider's intellectual property rights.

11.4. Rights not expressly granted remain reserved.

12.1. Brand Kit Products are educational and informational resources.

12.2. They are intended to support the Customer's understanding, development, and application of branding, brand strategy, and related professional capabilities.

12.3. Unless expressly agreed otherwise, Brand Kit Products do not constitute individual consulting services.

12.4. Brand Kit Products do not constitute legal, tax, financial, investment, or other regulated professional advice.

12.5. Examples, case studies, exercises, recommendations, Templates, and Frameworks may require adaptation to the Customer's individual circumstances.

12.6. The Customer remains responsible for the Customer's own business, strategic, creative, and commercial decisions.

13.1. The Provider does not guarantee a particular commercial, financial, strategic, creative, or professional result from the purchase or use of a Brand Kit Product.

13.2. In particular, no guarantee is given regarding:

• revenue or profitability;
• business growth;
• market share;
• customer acquisition;
• conversion rates;
• brand awareness;
• audience growth;
• funding or investment;
• competitive performance; or
• any other particular business outcome.

13.3. This section does not limit any obligation to provide the Brand Kit Product with the contractually agreed characteristics or any right arising under mandatory law.

14.1. Brand Kit Products may be revised, corrected, updated, or further developed from time to time.

14.2. Unless expressly stated in the applicable product description, purchase of a Brand Kit Product does not create an entitlement to:

• future products;
• future courses or modules;
• newly released Templates or Frameworks;
• expanded editions;
• additional resources; or
• other content released after the purchase.

14.3. Where an updated version of the same Brand Kit Product is voluntarily made available to existing Customers, this does not create a general obligation to provide future substantive updates unless expressly agreed or required by law.

14.4. Any statutory obligation to provide updates necessary to maintain conformity of a digital product remains unaffected.

14.5. Where applicable law imposes requirements concerning changes to a digital product provided continuously over a period, those requirements remain unaffected.

15.1. Where a Brand Kit Product is expressly described as including lifetime access, this means access without a predetermined contractual expiry date, subject to these Brand Kit GTC and the continued existence of the relevant product.

15.2. Lifetime access does not mean that a particular website, Gumroad functionality, hosting provider, learning platform, third-party software, file format, or other technical infrastructure is guaranteed to remain available indefinitely.

15.3. The Provider may migrate a Brand Kit Product to another technically suitable platform or delivery method.

15.4. Where reasonably possible, such migration will not materially reduce the Customer's contractual ability to access the content forming part of the purchased Brand Kit Product.

15.5. If the Provider permanently discontinues a Brand Kit Product for which lifetime access was expressly promised, the Provider will, where reasonably and technically possible and subject to third-party rights, provide affected Customers with a reasonable opportunity to download or otherwise retain the content forming part of the purchased product before access is discontinued.

15.6. Lifetime access does not include an entitlement to future Brand Kit Products, future editions, additional modules, or new content unless expressly stated.

15.7. Mandatory statutory rights remain unaffected.

16.1. Certain Brand Kit Products may be made available free of charge.

16.2. Unless expressly stated otherwise, the intellectual property and license restrictions applicable to paid Brand Kit Products also apply to free Brand Kit Products.

16.3. Free availability does not place a Brand Kit Product in the public domain and does not grant unrestricted rights to copy, distribute, resell, sublicense, or commercially exploit the product.

16.4. Where mandatory statutory provisions concerning digital products apply because personal data or another form of legally recognized consideration is provided in connection with a free Brand Kit Product, those statutory provisions remain unaffected.

17.1. Brand Kit Products may use, link to, refer to, or require third-party websites, platforms, tools, software, services, research, publications, or other resources.

17.2. Third-party materials and services remain subject to the terms and rights of their respective providers.

17.3. Unless expressly stated otherwise, the Provider does not control third-party services and does not guarantee their continued availability or unchanged functionality.

17.4. The Provider may replace a third-party delivery mechanism with another reasonably suitable mechanism where necessary to maintain or improve delivery of a Brand Kit Product.

17.5. Mandatory liability and statutory consumer rights remain unaffected.

18.1. Because Brand Kit Products are digital products that can generally be accessed or downloaded shortly after purchase, purchases are non-refundable except where:

• a mandatory statutory right of withdrawal applies;
• the Brand Kit Product has not been provided as required;
• the Brand Kit Product is not in conformity with the contract and applicable law provides a refund or price reduction;
• the payment was duplicated or unauthorized;
• the applicable product description expressly provides a refund right; or
• another mandatory legal right requires a refund.

18.2. A Customer's decision not to access, download, complete, or use a properly provided Brand Kit Product does not by itself create a contractual right to a refund.

18.3. Product-specific refund requests may be submitted to the Provider using the contact information associated with the purchase or through the applicable Gumroad process.

18.4. Refund processing may take place through Gumroad in accordance with Gumroad's technical processes and applicable policies.

18.5. Where mandatory consumer law applicable to the Customer provides broader refund, cancellation, or withdrawal rights, those rights remain unaffected.

19.1. Consumers may have a statutory right of withdrawal under German or other applicable consumer law.

19.2. Where German law applies, Consumers are provided with the legally required information concerning the right of withdrawal separately where required.

19.3. In the case of paid digital content that is not supplied on a tangible medium, the statutory right of withdrawal may expire before the end of the ordinary withdrawal period where all requirements of § 356 BGB are fulfilled.

19.4. In particular, where required by law, early expiry requires that the Consumer:

• expressly consents to performance beginning before expiry of the withdrawal period;
• confirms the Consumer's knowledge that the right of withdrawal will be lost when performance begins;
• receives the legally required confirmation; and
• all further statutory requirements are satisfied.

19.5. Where those requirements are not satisfied, these Brand Kit GTC do not independently eliminate the Consumer's statutory right of withdrawal.

19.6. Where Gumroad obtains or records legally required declarations during checkout as part of its transaction process, the applicable checkout information and confirmations form part of that process.

19.7. Mandatory withdrawal or cancellation rights applicable in the Consumer's country remain unaffected.

20.1. Consumers retain all mandatory statutory rights applicable to digital products.

20.2. Where the relevant statutory provisions apply, the Customer may have rights concerning, in particular:

• provision of the digital product;
• conformity with agreed and statutory requirements;
• functionality, compatibility, and interoperability;
• required updates;
• bringing the digital product into conformity;
• reduction of the price;
• termination of the relevant contract; and
• damages or reimbursement of expenses where the statutory requirements are satisfied.

20.3. These Brand Kit GTC do not exclude or restrict rights that cannot lawfully be excluded or restricted.

20.4. Contractual license restrictions remain subject to mandatory statutory rights.

21.1. Where a Brand Kit Product requires an individual account, login, access link, password, or comparable credential, access is intended solely for the authorized individual licensee.

21.2. Access credentials must not be shared with unauthorized third parties.

21.3. The Customer must take reasonable measures to protect access credentials against unauthorized use.

21.4. The Customer must inform the Provider or, where appropriate, the relevant platform provider without undue delay if the Customer becomes aware of material unauthorized access or misuse.

21.5. Reasonable technical measures may be used to prevent or investigate unauthorized access, account sharing, mass downloading, or redistribution, subject to applicable law.

22.1. Access may be temporarily restricted where reasonably necessary to:

• protect the security or integrity of the relevant product or delivery platform;
• prevent material unauthorized access;
• investigate a suspected material license violation;
• carry out necessary technical maintenance; or
• comply with a legal obligation.

22.2. The Provider may terminate the contractual license or revoke access where the Customer materially or repeatedly violates the license provisions of these Brand Kit GTC, in particular through unauthorized sharing, redistribution, resale, sublicensing, or commercial reproduction of Brand Kit Products.

22.3. Except where immediate action is reasonably necessary because of the seriousness of the violation, security considerations, or another compelling reason, the Provider will generally provide a reasonable opportunity to cease or remedy the violation before permanently revoking access.

22.4. Termination or revocation does not authorize continued use of the Brand Kit Product beyond any rights that survive under applicable law.

22.5. Where a contract is validly terminated and applicable law requires that the Customer cease further use of the digital product, the Customer must cease such use.

22.6. Mandatory statutory rights of Consumers remain unaffected.

23.1. Unauthorized distribution of Brand Kit Products may infringe contractual rights and intellectual property rights of the Provider.

23.2. The Provider reserves the right to pursue appropriate contractual and statutory remedies against unauthorized copying, publication, resale, sublicensing, or distribution.

23.3. Nothing in these Brand Kit GTC establishes a contractual penalty unless such penalty is expressly and validly agreed separately.

24.1. For Brand Kit Products provided through online access, temporary interruptions may occur as a result of maintenance, security measures, technical faults, Gumroad availability, third-party platform availability, or circumstances outside the Provider's reasonable control.

24.2. The Provider will take reasonable measures within its control to maintain access to hosted Brand Kit Products in accordance with the agreed product characteristics.

24.3. Uninterrupted availability is not promised unless expressly agreed for the relevant Brand Kit Product.

24.4. This section does not restrict statutory rights where an interruption constitutes failure to provide the digital product or lack of conformity under mandatory law.

25.1. The Provider is liable without limitation:

• for intent and gross negligence;
• for injury to life, body, or health;
• under the German Product Liability Act (Produkthaftungsgesetz), where applicable;
• where the Provider has expressly assumed a guarantee; and
• in all other cases in which liability cannot lawfully be excluded or limited.

25.2. In the event of slight negligence, the Provider is liable for breach of a material contractual obligation whose fulfillment is essential for proper performance of the contract and on whose fulfillment the Customer may ordinarily rely. In such cases, liability is limited to damage that was foreseeable and typical for this type of contract at the time the relevant contract was concluded.

25.3. Subject to § 25.1, liability for slight negligence in relation to non-material contractual obligations is excluded to the extent legally permissible.

25.4. The limitations of liability in this section also apply in favor of the Provider's legal representatives, employees, agents, and other persons used to perform contractual obligations.

25.5. The Provider is not liable for acts, omissions, payment processing, platform failures, or other circumstances attributable exclusively to Gumroad or another independent third-party service provider unless the Provider is legally responsible for such circumstances.

25.6. Mandatory statutory consumer rights remain unaffected.

26.1. Personal data processed by the Provider in connection with Brand Kit Products is processed in accordance with applicable data protection law and the Provider's Privacy Policy.

26.2. Gumroad processes personal data in connection with its platform, checkout, payment, and transaction services in accordance with its own applicable privacy information.

26.3. Other third-party platforms used to provide a Brand Kit Product may process personal data in accordance with their applicable privacy information.

26.4. The Provider's Privacy Policy provides further information about processing for which the Provider is responsible.

26.5. The exercise of statutory data protection rights does not affect contractual rights except to the extent provided by applicable law.

27.1. Brand Kit Products may be made available to Customers located in Germany, elsewhere in the European Union, and internationally.

27.2. Subject to mandatory law, the legal relationship between the Provider and the Customer concerning the Brand Kit Product and the license granted by the Provider is governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

27.3. Where the Customer is a Consumer and mandatory consumer-protection provisions of the law that would apply in the absence of the choice of German law provide protection that cannot be derogated from by agreement, the choice of German law does not deprive the Consumer of that protection.

27.4. Nothing in these Brand Kit GTC excludes mandatory consumer rights applicable by reason of the Consumer's habitual residence or another mandatory connecting factor under applicable law.

27.5. The contractual relationship between the Customer and Gumroad concerning Gumroad's services remains subject to the law and jurisdiction provisions applicable under Gumroad's own terms.

28.1. Where the Customer is an Entrepreneur, a legal entity under public law, or a special fund under public law, the courts having jurisdiction at the Provider's registered place of business shall have exclusive jurisdiction over disputes arising from the contractual relationship governed by these Brand Kit GTC to the extent legally permissible.

28.2. For Consumers, the statutory rules concerning jurisdiction apply.

28.3. Nothing in this section limits a Consumer's right to bring proceedings before a court that has jurisdiction under mandatory applicable law.

28.4. Any jurisdiction provisions applicable to the Customer's independent contractual relationship with Gumroad remain unaffected.

29.1. The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board unless a legal obligation to participate applies in an individual case.

29.2. Mandatory information obligations under the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz – VSBG) remain unaffected.

30.1. The Customer may not transfer or assign the contractual license to a Brand Kit Product to another person unless:

• the Provider has expressly agreed;
• the applicable product license expressly permits the transfer; or
• applicable mandatory law provides otherwise.

30.2. This provision does not restrict statutory rights that cannot lawfully be restricted.

31.1. The Provider may make changes to Brand Kit Products where reasonably necessary, including to:

• correct errors;
• maintain security;
• maintain technical compatibility;
• adapt to changes in third-party platforms;
• comply with legal requirements; or
• improve usability or presentation.

31.2. Changes must not unlawfully impair contractually agreed characteristics or mandatory Customer rights.

31.3. Where a digital product is provided continuously over a period and mandatory law imposes particular requirements concerning changes to that product, those requirements apply.

32.1. The version of these Brand Kit GTC applicable at the time of the relevant acquisition or transaction applies to that contractual relationship.

32.2. The Provider may amend these Brand Kit GTC for future transactions.

32.3. An amendment made after a Customer has acquired a Brand Kit Product does not retroactively alter the existing contractual relationship unless:

• the Customer expressly agrees;
• a valid contractual mechanism permits the amendment; or
• applicable law permits or requires the amendment.

32.4. Mandatory statutory provisions concerning modifications of digital products remain unaffected.

33.1. These Brand Kit GTC may be made available in German and English.

33.2. Where both a German and an English version are provided, the German version is authoritative to the extent legally permissible.

33.3. The English version is provided for international accessibility.

33.4. Where mandatory law requires contractual information to be provided in another manner or language, those requirements remain unaffected.

34.1. The Provider's Privacy Policy governs the Provider's processing of personal data.

34.2. The Provider's Cookie Policy applies to the use of cookies and comparable technologies on the Provider's website.

34.3. The Provider's General Terms and Conditions for consulting services, Consulting Agreement, Payment & Retainer Policy, and consulting-specific Intellectual Property Policy do not apply to Brand Kit Products unless expressly incorporated into a particular agreement. These policies are available upon request.

34.4. These Brand Kit GTC are intended to constitute the product-specific contractual framework for The Brand Kit.

34.5. Gumroad's applicable terms and policies apply independently to the Customer's use of Gumroad and the transaction functions provided by Gumroad.

35.1. If an individual provision of these Brand Kit GTC is or becomes wholly or partially invalid or unenforceable, the validity of the remaining provisions is not affected.

35.2. The applicable statutory provisions apply in place of an invalid or unenforceable provision.

35.3. The same applies to any unintended contractual gap.

Questions concerning Brand Kit Products, product-specific access, licenses, permitted use, or content may be directed to:

The Brand Case Owner: Lara Katharina Schmitt Prälat-Diehl-Straße 2 64372 Ober-Ramstadt Germany Email: info@thebrandcase.studio Website: www.thebrandcase.studio

For Gumroad-specific payment, receipt, account, or platform issues, Customers may also use the support options provided by Gumroad.