Terms & Conditions Allgemeine Geschäftsbedingungen

1. Provider / Seller — Anbieter

Agape Benjamin
Operating under the trade name: AlmaA (Einzelunternehmen — sole trader)
c/o IP-Management #10131, Ludwig-Erhard-Straße 18, 20459 Hamburg, Germany
General e-mail: hello@thealmaa.com · Legal: legal@thealmaa.com

2. Mandatory Consumer Information — Pflichtinformationen gemäß § 312d BGB i.V.m. Art. 246a EGBGB

3. Products and Services

• Elevated Digital Tools: Downloadable PDFs (Life Design Journal, Creative Blueprint, High Protein Kitchen, Financial Clarity Map, 90-Day Self Architecture). €12–€22. Delivered by e-mail.
• Grocery Checklist: Downloadable curated printable. €9. Delivered by e-mail.
• Creative Mentoring: One-to-one mentoring sessions via video call. Price as listed on the service page.
• AlmaA Marketing: Creative and marketing consultancy. Price agreed individually after enquiry. Subject to a separate service agreement.
• Letters to Life: Publication of a personal letter in the AlmaA collection. Page Only: €35. Page + Physical Book: €50. Subject to editorial review.
• Ambassador Program: Community membership with referral commission. One-time entry fee: €15. See Section 8 and Ambassador Terms.
• Get Verified: Verified creator status on the AlmaA platform. Processing fee: €27. See Section 9.
• Write & Earn: Content submission program. Accepted submissions may earn a credit or payment as described on the program page. AlmaA has sole editorial discretion to accept or reject any submission without compensation being owed for rejected submissions. Accepted submissions are subject to a non-exclusive publication licence.
• Engage & Receive: Community engagement program. Credits or rewards are issued as described on the program page. AlmaA may modify, suspend, or discontinue this program with 14 days' notice to active participants.
• Free content: Newsletter, editorial articles, free printables. No purchase required.

4. Prices, Payment, and Contract Formation

All prices are in Euro (€), final prices (no VAT). AlmaA reserves the right to change prices at any time; changes do not affect already-confirmed purchases. A contract is formed when AlmaA sends a purchase confirmation e-mail. Payment is processed exclusively by Stripe, Inc. or PayPal. AlmaA does not access or store card data.

5. Right of Withdrawal — Widerrufsrecht

Consumers (natural persons acting outside their trade or profession — § 13 BGB) have a 14-day right of withdrawal from the date of purchase confirmation under §§ 355 ff. BGB and EU Directive 2011/83/EU. The complete statutory withdrawal notice is at /legal/withdrawal.

Exclusions — When the Right of Withdrawal Is Excluded

• Digital content (all PDF downloads): Excluded under § 356 Abs. 5 BGB and Art. 16(m) Directive 2011/83/EU, where prior express consent to immediate delivery is given at checkout and the waiver of the withdrawal right is acknowledged. Both consents are recorded electronically before payment is taken.
• Letters to Life: Non-refundable once the submission portal has been accessed and the letter submitted (service fully performed under § 356 Abs. 4 BGB with prior consent). Exception: if AlmaA declines the letter, a full refund is issued within 14 days.
• Ambassador Program entry fee (€15): Non-refundable membership fee. Explicitly waived by you at checkout, recorded electronically. Exception: full refund if AlmaA declines the application before account activation.
• Get Verified (€27): Non-refundable once approved. Full refund within 14 days if not approved.
• Sessions — Creative Mentoring, Marketing, Strategy:
  • Cancellation ≥ 24 hours before session: full refund within 5 business days.
  • Cancellation < 24 hours before session: non-refundable.
  • No-show: non-refundable.
  • AlmaA cancels due to illness or force majeure: full refund or complimentary rescheduling at your choice.

Referral Code Deduction on Refunds

Where a purchase was made using a referral code issued by another AlmaA Ambassador (Person A), and the purchaser (Person B) exercises a valid right of refund, the refund amount will be reduced by the commission credit (€5) that was, or would be, issued to the referring Ambassador as a result of that purchase. The referring Ambassador's commission is not funded by AlmaA; it is logically sourced from the referred purchase price. Accordingly, the net refund issued to Person B will be the purchase price paid, minus the €5 referral commission.

Example: Person B paid €45 using Person A's referral code. Person A earned or would earn €5 commission. On a valid refund request by Person B, AlmaA will refund €40. Person B acknowledges this deduction at the time of checkout when using a referral code.

This deduction applies only where a referral commission was generated or credited. It does not apply where no referral code was used.

Invoices for Business Customers

Upon written request, AlmaA will issue an invoice for any purchase. Customers who purchase Creative Mentoring sessions, AlmaA Marketing sessions, or any other service for legitimate business purposes may request an itemised invoice from hello@thealmaa.com with subject "Invoice Request — [Order Number]". As AlmaA operates under § 19 UStG (Kleinunternehmerregelung), no VAT will appear on the invoice. Invoices may be used as a business expense document; however, AlmaA cannot confirm deductibility — consult your tax advisor.

Pre-Dispute Contact Requirement

Before initiating any formal legal complaint, chargeback, or court proceeding against AlmaA, you are required to contact AlmaA in writing at legal@thealmaa.com and allow a minimum response period of 14 calendar days (urgent matters) or 30 calendar days (all other matters). AlmaA will make every good-faith effort to resolve your concern. This requirement does not waive or restrict any statutory consumer rights.

How to Withdraw (Where Applicable)

Send a clear written statement to hello@thealmaa.com within 14 days of purchase, including your order number. You may use the model form at /legal/withdrawal. Eligible refunds are processed within 14 days via the original payment method, with no fees charged.

6. Delivery of Digital Products

Digital products are delivered by e-mail within 24 hours of confirmed payment. Check your spam folder if not received. AlmaA is not responsible for non-delivery caused by an incorrect e-mail address entered at checkout — contact hello@thealmaa.com to resend. AlmaA is not responsible for delivery failures caused by your e-mail provider.

7. Intellectual Property — All Rights Reserved

All content on thealmaa.com is the exclusive intellectual property of Agape Benjamin / AlmaA, protected under: German Copyright Act (UrhG); EU copyright directives (2001/29/EC, 2019/790); the Berne Convention; the TRIPS Agreement; and the WIPO Copyright Treaty.

Prohibited without prior express written permission: reproducing, copying, distributing, selling, sublicensing, or sharing any content or digital product; creating derivative works; scraping or automated downloading; using AlmaA's name or branding in any commercial material; impersonating AlmaA.

Personal-use licence for purchased digital products: A limited, non-exclusive, non-transferable, non-sublicensable personal licence for your own private, non-commercial use. One user only. May not be shared electronically, gifted, resold, or used commercially. Violations may result in licence termination and claims under §§ 97 ff. UrhG.

8. Ambassador Program — Key Terms

Full terms at Ambassador & Affiliate Terms. Summary: one-time entry fee €15 (non-refundable); €5 credit per successful referral per person; 10% personal discount (non-transferable, non-retroactive, non-combinable); minimum withdrawal €10; payout within 5 business days of approval; ambassador earnings are taxable income in your country of residence; AlmaA may modify commission rates with 30 days' notice; accounts may be terminated for false income claims, spam tactics, or conduct damaging to the AlmaA brand.

9. Get Verified

€25 non-refundable application processing fee (except: full refund if AlmaA declines). AlmaA may accept or decline any application at its sole discretion without giving reasons. Verified status may be revoked without refund for misrepresentation or conduct inconsistent with AlmaA's community standards.

10. Letters to Life — Specific Terms

• Payment of €35 (Page Only) or €50 (Page + Physical Book) required before submission.
• Letters must be original, personal work of the submitter, 300–500 words, in English.
• Submission does not guarantee publication; all letters are subject to editorial review.
• AI-assisted editorial review: Initial review of submitted letters is conducted using an automated AI system (Anthropic Claude) to assess compliance with the AlmaA Code of Correspondence. This AI assessment does not constitute a guarantee of literary quality, style, or suitability beyond the published guidelines. Where the AI system declines a submission, AlmaA will notify the submitter with the relevant guideline category. The final decision to publish, decline, or offer an alternative rests with AlmaA. AlmaA is not liable for any editorial judgement made by the AI system, and the submitter's right to a refund (where applicable under these Terms) is not affected by the method of review.
• If declined: full refund within 14 days. Where an AI-generated alternative version is offered and the submitter chooses to publish it, no refund is due — the service has been fully performed with the submitter's express consent.
• By submitting, you grant AlmaA a non-exclusive, worldwide, perpetual, royalty-free licence to publish, reproduce, and distribute the letter in any format under the AlmaA brand. You retain all other ownership rights. This licence is irrevocable once published.
• AlmaA may edit letters for length or style, with your approval for substantial changes. Where an AI-generated alternative version is offered and accepted by the submitter, the submitter confirms the published version as their authorised submission and grants AlmaA the same non-exclusive licence described above. AlmaA does not claim authorship of any AI-assisted alternative; the submitter remains the named author of their letter as published.
• Physical book (where applicable): dispatched within 60 days of publication. Standard international shipping. AlmaA is not responsible for customs duties or postal delays.

11. Write & Earn — Specific Terms

• Submissions must be original work created by you.
• AlmaA has sole editorial discretion to accept or reject any submission. Rejection carries no obligation to pay compensation.
• Accepted submissions: you grant AlmaA a non-exclusive, worldwide, royalty-free licence to publish, reproduce, and distribute the content on the AlmaA platform and associated channels.
• Earnings or credits for accepted work are as described on the program page at the time of submission and are paid in the form stated (platform credit, PayPal, or bank transfer).
• AlmaA may modify, suspend, or discontinue the Write & Earn program with 30 days' notice.

12. User Conduct

By using AlmaA you agree not to: use the platform for unlawful purposes; share or resell purchased digital products or account access; impersonate AlmaA, team members, or other users; use automated systems or scrapers; submit defamatory, offensive, discriminatory, or illegal content; send unsolicited commercial communications; engage in conduct that damages AlmaA's reputation, community, or intellectual property; or circumvent security or access control measures. AlmaA reserves the right to terminate or restrict your access for violations, without refund, and to pursue legal remedies.

13. Limitation of Liability — Haftungsbeschränkung

14. Indemnification

You agree to indemnify, defend, and hold harmless Agape Benjamin / AlmaA from and against any claims, damages, losses, costs, and legal fees arising out of or relating to: your use of the platform; your violation of these Terms; your infringement of third-party intellectual property or other rights; or your violation of applicable law.

15. Force Majeure — Höhere Gewalt

AlmaA is not liable for any delay or failure to perform where such failure results from circumstances beyond AlmaA's reasonable control, including: acts of God, pandemic, epidemic, war, terrorism, government action, strikes, failure of third-party infrastructure (Stripe, Vercel, Google), or power outages. In such cases, AlmaA will notify affected users without delay. Where a paid service is discontinued due to force majeure, affected users will receive a pro-rata refund or credit.

16. Governing Law and Jurisdiction — Rechtswahl und Gerichtsstand

These Terms are governed exclusively by the laws of the Federal Republic of Germany, including BGB, UWG, and UrhG, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

• Business users: Exclusive jurisdiction in Nürnberg, Bavaria, Germany (Amtsgericht Nürnberg / Landgericht Nürnberg-Fürth).
• EU consumers: Right to bring proceedings in the courts of your country of habitual residence; mandatory consumer protections of your country's law apply.
• UK consumers: Rights under the Consumer Rights Act 2015 and UK consumer law are preserved.
• Australian consumers: Rights under Australian Consumer Law (ACL), including consumer guarantees, are preserved and cannot be excluded.
• Canadian consumers: Applicable provincial consumer protection legislation is respected.
• UAE consumers: UAE Federal Law No. 15 of 2020 on Consumer Protection is respected.
• Israeli consumers: Israeli Consumer Protection Law 5741-1981 rights are preserved.

17. Online Dispute Resolution — ODR

EU Commission ODR platform: ec.europa.eu/consumers/odr/. Contact for ODR: legal@thealmaa.com. AlmaA is not obligated or willing to participate in alternative dispute resolution under § 36 VSBG.

18. Severability — Salvatorische Klausel

If any provision of these Terms is held invalid or unenforceable, it shall be modified to the minimum extent necessary to render it enforceable, or severed if modification is not possible. Remaining provisions continue in full force.

19. Changes to These Terms

AlmaA reserves the right to update or modify these Terms at any time. The current version is always published at this URL. The "Last updated" date at the top of this page reflects when the Terms were last changed. AlmaA does not undertake to notify users individually of updates. It is your responsibility to visit this page periodically and check the "Last updated" date for any changes. Continued use of thealmaa.com following any update constitutes your acceptance of the revised Terms.

Where a change materially affects ongoing subscriptions or purchased access rights (such as the Ambassador Program membership), AlmaA will use reasonable efforts to publish an advance notice on the website, but is not obligated to provide individual notification by email.