Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your access to and use of the Marketing Mindset platform, website, applications, educational content, and related services (collectively, the "Service"). The Service is operated by Cyberma s.r.o., Belehradska 858/23, 120 00 Prague, Czech Republic, under the Marketing Mindset brand ("Company", "we", "our", "us").

By creating an account, purchasing a plan, or otherwise using the Service, you confirm that you have read, understood, and agree to these Terms and to our Privacy Policy. If you do not agree, you must not use the Service.

2. Definitions

• Account means the user profile you create to access the Service.
• Content means educational materials, lessons, courses, text, images, audio, video, tools, templates, and other materials available through the Service.
• User Content means data or materials you submit, upload, write, store, or generate in the Service, including profile inputs, notes, prompts, assignments, comments, messages, reviews, files, course materials, and similar materials.
• AI Features means tools that use artificial intelligence, machine learning, profiling, recommendation systems, or generated responses to personalize the Service or produce outputs.
• AI Output means any text, suggestions, summaries, recommendations, analyses, or other results generated by AI Features.
• AI Credits means virtual platform credits that may be used for eligible AI Features or other credit-based functionality in the Service.
• Subscription means a recurring paid plan billed at regular intervals until canceled.
• Course Entitlement means a plan benefit that allows an eligible user to select access to a premium course according to the rules shown in the Service.
• One-Time Purchase means a non-recurring paid purchase for specific access, content, credits, or features.
• Client means a user who requests or books a Consultation.
• Consultant means an independent user or professional who offers consultation services through the Service.
• Consultation means a paid session or service arranged between a user and a Consultant through the Service.

3. Eligibility, Accounts, and User Responsibilities

You may use the Service only if you can enter into a binding agreement under applicable law. The Service is intended primarily for adults. If we allow access for a person under 18, that access must be approved by a parent or legal guardian who accepts these Terms on the minor's behalf.

You are responsible for keeping your Account credentials confidential and for all activity carried out through your Account. You must provide accurate, current, and complete information and update it when necessary. You must notify us without undue delay if you suspect unauthorized access or misuse of your Account.

You may not create an Account using false information, impersonate another person or entity, share your login in a way that circumvents plan limits, or use the Service in violation of applicable law.

4. Description of the Service

Marketing Mindset is a SaaS platform that gives users access to educational resources such as courses, lessons, exercises, tools, dashboards, consultations, and related learning materials. Certain content or features may be available only to registered users, paying users, or users on specific plans.

Some content is released gradually or becomes available according to specific timing, progress, or business rules. We do not guarantee that all content will be available immediately after registration or purchase, unless we expressly state otherwise on the relevant offer page.

We may provide AI Features, including AI-based profiling, personalization, recommendations, generated text, and contextual assistance that may use information from your profile, activity, and prior interactions to tailor your experience.

Consultation Marketplace

The Service may allow users to discover, request, schedule, and pay for Consultations with Consultants. In those cases, Marketing Mindset acts as a platform provider that connects users and Consultants. Consultants are independent from us and determine their own availability, proposed services, and pricing within the functionality made available in the Service.

We do not guarantee the quality, legality, suitability, accuracy, outcome, or business result of any Consultation. You are responsible for choosing whether a Consultant is appropriate for your needs and for evaluating any information, guidance, or materials provided during a Consultation.

We may review, suspend, restrict, or remove Consultants, Consultant profiles, Consultations, proposals, or related content where reasonably necessary to enforce these Terms, protect users, address fraud or abuse, comply with law, or maintain platform integrity.

5. AI Features and AI Output Disclaimer

AI Features are provided to support learning, ideation, and workflow assistance. AI Output may be inaccurate, incomplete, outdated, biased, irrelevant to your situation, or otherwise unsuitable for your intended use.

AI Output is advisory only. It is not legal, business, financial, medical, psychological, regulatory, tax, or other professional advice. You are solely responsible for reviewing AI Output, verifying it independently, and deciding whether and how to use it.

You must not rely on AI Output as the sole basis for important personal, commercial, legal, compliance, or educational decisions. We are not responsible for decisions, actions, omissions, losses, or claims resulting from your use of or reliance on AI Output.

To operate and improve AI Features, we may store and process AI interactions, prompts, inputs, profile data, usage context, and generated outputs as described in our Privacy Policy.

AI Credits and Usage Limits

Some AI Features may require AI Credits. AI Credits are virtual platform credits, have no cash value, are not a deposit, stored-value instrument, electronic money, or currency, and may not be sold, transferred, exchanged, or redeemed for cash except where required by mandatory law.

AI Credit usage may depend on the AI Feature used, configured AI model, input size, output size, and other usage factors shown or applied by the Service. We may reserve AI Credits before an AI request and then consume, release, or adjust the reserved amount based on actual usage or provider failure. If your available AI Credit balance is insufficient, the relevant AI Feature may be unavailable.

We may modify, replace, suspend, or limit AI models, AI Features, pricing calculations, credit reservations, and usage limits for operational, security, cost-control, abuse-prevention, legal, or product reasons. We may throttle, block, or refuse AI requests that appear abusive, unlawful, unsafe, or inconsistent with these Terms.

6. Acceptable Use

You agree not to misuse the Service. In particular, you must not:

• use the Service in violation of applicable law, third-party rights, or these Terms;
• submit unlawful, defamatory, abusive, hateful, discriminatory, infringing, or misleading User Content;
• upload malware, harmful code, or materials designed to disrupt or damage the Service;
• attempt to gain unauthorized access to accounts, systems, APIs, databases, or networks;
• reverse engineer, scrape, copy at scale, or automate access to the Service without our written permission;
• use AI Features to generate unlawful content, spam, deceptive content, or content that infringes the rights of others;
• harass, threaten, discriminate against, abuse, impersonate, or spam Consultants, users, our staff, or any other person;
• send illegal, exploitative, sexually explicit, violent, or otherwise inappropriate material through chat, messaging, video, reviews, profiles, course materials, or consultation tools;
• interfere with platform security, performance, or availability;
• share access in a way that avoids applicable seat, user, or plan restrictions.

We may remove content, restrict communication features, suspend Consultations, disable messaging or video access, or suspend or terminate Accounts where reasonably necessary to respond to misconduct, protect users or Consultants, comply with law, or enforce these Terms.

7. User Content

You retain ownership of your User Content. However, you grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, adapt, process, display, and transmit your User Content to the extent necessary to operate, secure, maintain, support, personalize, and improve the Service, comply with law, and enforce these Terms.

You represent and warrant that you have the rights required to submit your User Content and that your User Content does not violate applicable law or the rights of any third party. We may review, remove, disable, or restrict User Content where reasonably necessary for legal, security, operational, or policy reasons.

If you submit feedback, suggestions, or ideas about the Service, we may use them without restriction or compensation to you.

Course Creators and Uploaded Educational Content

If you create, upload, or manage courses, lessons, activities, videos, files, certificates, or other educational materials through the Service, you are responsible for that User Content. You must own it or have all rights, licenses, permissions, and consents required to upload it, publish it, and allow us to host and deliver it through the Service.

Course creators and instructors must not upload infringing, unlawful, misleading, unsafe, discriminatory, or otherwise inappropriate materials. They are responsible for the accuracy and legality of their course descriptions, lesson materials, claims, files, and supporting resources.

In addition to the license above, you grant us the rights necessary to host, store, process, stream, transmit, display, format, adapt for technical delivery, and make your uploaded educational content available to enrolled or otherwise authorized users. We may remove, disable, or restrict educational content where reasonably necessary for legal, security, quality, operational, or policy reasons.

8. Intellectual Property

The Service, including its software, branding, structure, design, educational materials, databases, and all Content other than User Content, is owned by us or our licensors and is protected by copyright, trademark, database, and other applicable laws.

Subject to these Terms and any paid plan you purchase, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for its intended purpose. Except where mandatory law allows otherwise, you may not copy, resell, redistribute, publish, publicly display, or create derivative works from the Service or our Content without our prior written consent.

9. Data Usage, Processing, and Privacy

We process personal data in connection with account creation, authentication, profile management, educational progress, lesson and course activity, consultation activity, purchases, billing, support, analytics, security, AI interactions, and personalization. This may include account data, contact details, billing data, device and log data, usage data, profile inputs, responses, notes, uploaded materials, prompts, consultation messages, and AI-generated outputs.

We process personal data for the following purposes and legal bases under applicable data protection law, including GDPR:

• Performance of a contract to provide the Service, maintain your Account, deliver paid access, process purchases, and provide support.
• Compliance with legal obligations such as accounting, tax, fraud prevention, and regulatory record-keeping.
• Legitimate interests to secure the Service, prevent abuse, analyze usage, improve features, develop new functionality, personalize content and recommendations, and maintain platform quality.
• Consent where legally required, for example for certain marketing communications or specific optional cookies or tracking tools.

We may use third-party providers, including payment processors, hosting providers, analytics tools, communications tools, and AI infrastructure providers, acting as processors or independent controllers depending on the service they provide. More detail is set out in our Privacy Policy.

We keep personal data for as long as necessary for the purposes for which it was collected, for the duration of your Account, and for a reasonable period afterward where needed for legitimate business purposes, dispute resolution, backup, security, or legal compliance. Billing and tax records may be retained for the period required by applicable law.

Subject to applicable law, you may have rights to access, correct, erase, restrict, object to processing, request data portability, withdraw consent where processing is based on consent, and lodge a complaint with a supervisory authority. For privacy-related requests, please contact us using the details in the Contact section and review our Privacy Policy.

10. Payments, Subscriptions, Renewals, and Fees

Certain parts of the Service are paid. Prices, billing periods, included features, and usage limits are shown at checkout or on the relevant offer page. Payments are processed through Stripe or another designated payment provider. We do not store your full payment card details.

By submitting a payment method, you confirm that you are authorized to use it and authorize the applicable charges, including recurring charges for Subscriptions, taxes, and any other fees clearly disclosed during checkout.

Subscriptions renew automatically for the same billing period unless canceled before the next renewal date. You can cancel renewal through your account settings where available or by contacting us. Cancellation prevents future renewal charges but does not retroactively cancel or refund the current paid period unless required by law or expressly stated otherwise.

If payment fails, is reversed, or remains overdue, we may retry the charge, suspend paid features, limit access, place the Account into read-only mode, or terminate access after reasonable notice where appropriate.

We may change prices from time to time. For active Subscriptions, price changes will apply no earlier than the next renewal period after we give reasonable prior notice.

We may offer free trials, discounts, promotional pricing, or introductory plans subject to the specific conditions shown when the offer is made. Unless stated otherwise, promotional offers do not guarantee continued pricing after the promotional period ends.

Subscription Benefits and Course Entitlements

Subscription plans may include access to specific features, tools, communities, courses, AI Features, or other benefits shown on the relevant offer page or in the Service. Included benefits may differ by plan and may be subject to usage limits, eligibility rules, technical availability, and the access rules described in these Terms.

Some Subscription plans may include a Course Entitlement. Where available, a Course Entitlement allows you to select one eligible premium course for the relevant entitlement period or billing cycle, unless the offer page states a different rule. The Service may require you to make or confirm a course selection after purchase or renewal.

Course Entitlements are plan benefits, not cash balances. They are not transferable, may not be exchanged for money, and may be limited to eligible courses shown in the Service. If a Subscription renews and the plan grants a new Course Entitlement, the Service may require you to keep your current selected course or replace it within the available choice window. If you do not make a choice before the deadline shown in the Service, the Service keeps the existing selected course by default.

Access obtained through a Course Entitlement is different from access obtained through an individual course purchase. Purchased course access is tied to the specific course purchase. Subscription and Course Entitlement access depends on the relevant Subscription remaining active and on the access rules shown in the Service. If your Subscription expires, is canceled, cannot be renewed, or is terminated, Subscription benefits and entitlement-based access may expire or be restricted, while separately purchased course access may continue unless these Terms or applicable law allow us to restrict it.

Marketplace Consultation Fees

Marketing Mindset applies platform fees to Consultation transactions. Fees are calculated and displayed before payment confirmation where supported by the checkout flow.

Current standard fees:

• 3% customer platform fee
• 10% consultant platform fee

Consultants who exceed $5,000 in lifetime earnings on the platform may qualify for a reduced consultant fee of 8%.

Fees may change in the future and are always displayed during checkout before payment confirmation.

Stripe Connect and Consultant Payouts

Consultants who receive payments through the Service must maintain a valid Stripe Connect account and complete all onboarding, identity, tax, payout, and compliance requirements requested by Stripe or by us. Consultants are responsible for providing accurate and current tax, business, billing, and payout information and for complying with all laws, professional obligations, and tax obligations that apply to their services.

Payout processing is handled by Stripe and may be subject to Stripe's terms, verification requirements, payout timing, reserves, restrictions, holds, fees, reversals, refunds, disputes, chargebacks, or account limitations. We are not responsible for delays or failed payouts caused by Stripe, a Consultant's bank, inaccurate payout information, regulatory checks, disputes, chargebacks, fraud reviews, or events outside our reasonable control.

We may suspend or restrict Consultant payouts, Consultation bookings, Stripe Connect access, or related Account functionality where reasonably necessary because of suspected fraud, abuse, chargebacks, disputes, legal obligations, sanctions or compliance concerns, breach of these Terms, or platform security risk.

11. Right of Withdrawal and Refund Policy

This section applies separately to Subscriptions, individual course purchases, AI Credit purchases, and Consultation bookings. Nothing in these Terms limits any mandatory consumer rights you may have under applicable law.

Subscriptions

Subscription fees are generally non-refundable for the current paid period once paid access to digital content or digital services has begun, unless mandatory law or a specific offer page requires otherwise. Canceling a Subscription prevents future renewal charges but does not automatically refund the current billing period.

Individual Course Purchases

Individual course purchases are generally non-refundable once access to the purchased digital course content has been granted, unless mandatory law or a specific offer page requires otherwise. If a course purchase fails or access is not delivered because of a technical or payment processing issue, please contact us so we can review the transaction.

AI Credit Purchases

AI Credit purchases are generally non-refundable once AI Credits have been credited to your Account or used, unless mandatory law requires otherwise. If a payment refund is processed for an AI Credit purchase, we may reverse the corresponding unused AI Credits from your balance. Credits already reserved or consumed by AI Features may reduce the amount that can be reversed or refunded.

Consultation Bookings

Consultation cancellations follow the cancellation preview shown in the Service. Unless a different rule is shown before you confirm the booking, Client cancellations more than 24 hours before the scheduled start receive a 100% refund, Client cancellations 12 to 24 hours before the scheduled start receive a 50% refund, and Client cancellations less than 12 hours before the scheduled start are not refunded.

Consultant cancellations receive a 100% refund to the Client. If the Client does not attend the scheduled Consultation or is marked as a no-show after the scheduled start time, the booking is not refunded. Consultant no-shows are reviewed case by case unless a separate policy is shown in the Service.

We may review Consultation disputes, late cancellations, no-shows, payment failures, refund failures, suspected abuse, and force majeure situations case by case. We may, at our discretion and subject to mandatory law, issue or deny a refund, arrange a rescheduling opportunity, restrict a Consultant or user, or take other reasonable action.

EU Right of Withdrawal for Digital Content and Services

If you are a consumer in the EU or EEA, you may have statutory withdrawal rights for certain digital purchases. However, digital content and digital services may become non-refundable once performance begins before the end of the withdrawal period after your explicit consent and acknowledgment of the legal effect of starting performance, in accordance with applicable EU consumer protection laws.

To request a withdrawal or refund where you believe a mandatory right applies, contact us at info@marketing-mindset.net with your account email, purchase details, and the reason for your request.

12. Availability, Service Changes, and Content Access Rules

We aim to keep the Service available and secure, but we do not guarantee uninterrupted or error-free operation. We may modify, update, suspend, discontinue, or replace features, plans, content, integrations, AI models, or parts of the Service where reasonably necessary for operational, legal, security, or business reasons.

Educational content may change over time. Lessons, recommendations, tools, or materials may be updated, removed, reordered, or made available gradually. We may also set or modify eligibility rules, feature gates, usage limits, and plan entitlements.

Course Entitlements, renewal-choice windows, available courses, AI Credit pricing rules, AI model availability, Consultation scheduling features, and marketplace functionality may depend on technical systems and business rules in the Service. We may update those rules where reasonably necessary, but we will not intentionally remove paid access in a way that violates mandatory law or the express terms shown at checkout.

13. Read-Only Access, Suspension, and Termination

If your Subscription expires, is canceled, or cannot be renewed, we may move your Account or parts of the Service into a read-only state. In read-only mode, you may retain limited access to certain previously available information, but you may lose the ability to edit, submit, generate, or access paid-only features, courses, lessons, tools, or AI functionality.

We may suspend or terminate your Account, remove content, or restrict access immediately if you breach these Terms, create legal or security risk, misuse the Service, fail to pay applicable fees, or where we are required to do so by law.

For Consultants, suspension or termination may also include removing public profiles, disabling availability, restricting Consultation bookings, limiting messaging or video access, restricting Stripe Connect functionality, or suspending payouts where reasonably necessary for fraud prevention, dispute handling, compliance, or enforcement of these Terms.

You may stop using the Service at any time. If you want us to delete your Account, we may need to retain certain data where required for legal, tax, accounting, fraud prevention, dispute resolution, security, or evidentiary purposes.

14. Third-Party Services

The Service may rely on or link to third-party services, including Stripe, hosting providers, Google services, analytics providers, error monitoring providers, video and media providers, chat and video-call providers, communication tools, location and country-detection providers, and AI providers. Those third parties may have their own terms and privacy practices, and we are not responsible for services that we do not control.

Stripe and Stripe Connect may process payments, refunds, chargebacks, identity checks, tax information, and payouts. Chat, video-call, media, and AI providers may process communications, video or media data, prompts, outputs, technical logs, or other information needed to provide the relevant feature, as described in our Privacy Policy.

15. Disclaimer of Warranties

To the maximum extent permitted by law, the Service is provided on an "as is" and "as available" basis. We do not guarantee that the Service will be uninterrupted, error-free, secure, or fit for your specific purpose, or that any Content or AI Output will be accurate, complete, or reliable.

Educational content and AI Features are provided for informational and learning purposes only. You are responsible for evaluating whether the Service is suitable for your needs and for implementing appropriate review and human oversight.

Consultations are provided by independent Consultants. We do not warrant that any Consultant, Consultation, course, review, message, AI Output, or educational material will meet your expectations, achieve a particular business result, or be suitable for your specific circumstances.

16. Limitation of Liability

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business opportunity, goodwill, data, or anticipated savings, arising out of or related to the Service, these Terms, User Content, Consultations, Consultant services, third-party services, or AI Output.

To the maximum extent permitted by law, our total aggregate liability arising out of or related to the Service and these Terms will not exceed the total amount you paid to us for the relevant Service during the 12 months preceding the event giving rise to the claim, or EUR 100 if you have not made any payment.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, willful misconduct, death or personal injury caused by negligence where such limitation is prohibited, or mandatory consumer rights.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Czech Republic, excluding conflict-of-laws rules. If you are a consumer, you also benefit from any mandatory provisions of the law of your country of habitual residence that cannot be waived by contract.

Unless mandatory consumer law provides otherwise, disputes arising out of or in connection with these Terms or the Service shall be resolved by the competent courts of the Czech Republic.

18. Changes to These Terms

We may update these Terms from time to time to reflect changes in the Service, legal requirements, or our business practices. Material changes will be communicated by posting the updated Terms on the website and, where appropriate, by notifying users through the Service or by email. The updated Terms take effect on the date stated at the top of this page.

If you continue to use the Service after the updated Terms take effect, you agree to the revised Terms. If you do not agree, you must stop using the Service.

19. Contact Information

If you have questions about these Terms, privacy requests, billing issues, or support matters, please contact us:

Cyberma s.r.o.
Belehradska 858/23
120 00 Prague
Czech Republic
Email: info@marketing-mindset.net