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Terms and Conditions

Last updated: July 2025

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://tobiasschnellbaecher.com website (the “Service”) operated by TKS Web Marketing & Development (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Services Offered

We provide:

  • Marketing consulting and audit services
  • AI-powered marketing assessments
  • Digital marketing implementation
  • Training and educational content
  • Online courses and digital products

User Accounts and Registration

Some features of our Service may require you to create an account. You are responsible for:

  • Maintaining the confidentiality of your account information
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use

AI-Powered Assessment

Our marketing fitness assessment uses artificial intelligence to analyze your responses and generate personalized recommendations. By participating:

  • You consent to AI analysis of your responses
  • You understand that results are generated automatically
  • You acknowledge that recommendations are general in nature
  • You can request deletion of your assessment data at any time

Payments and Billing

For paid services:

  • Payments are processed securely through PayPal and Stripe
  • All prices are listed in the currency specified
  • Refunds are subject to our refund policy
  • Recurring subscriptions will auto-renew unless cancelled

Service Availability and Performance

While we strive to provide reliable service:

  • We do not guarantee specific business results or ROI
  • AI systems may require optimization time (3-6 months)
  • External factors may affect performance
  • We are not liable for third-party platform changes

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of TKS Web Marketing & Development and its licensors. This includes:

  • Website content and design
  • Proprietary methodologies
  • Assessment algorithms
  • Training materials

You may not copy, modify, distribute, or create derivative works without explicit permission.

User Content and Conduct

When using our Service, you agree to:

  • Provide accurate information
  • Not use the Service for illegal purposes
  • Not interfere with Service functionality
  • Respect intellectual property rights
  • Not transmit harmful or malicious content

Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which forms part of these Terms.

Limitation of Liability

To the maximum extent permitted by law:

  • Our liability is limited to the amount you paid for services in the 12 months prior to the claim
  • We are not liable for indirect, incidental, or consequential damages
  • We do not guarantee specific business outcomes
  • You use our Service at your own risk

Service Warranties and Disclaimers

Our services are provided “AS IS” and “AS AVAILABLE.” We disclaim all warranties, express or implied, including:

  • Merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Uninterrupted or error-free operation

For consulting services, we provide:

  • Services according to current industry standards
  • 60-day correction period for setup errors
  • Documentation as specified in service agreements

Links To Other Web Sites

Our Service may contain links to third-party websites or services. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Termination

We may terminate or suspend access to our Service immediately, without prior notice, for any reason, including breach of these Terms.

Upon termination:

  • Your right to use the Service stops immediately
  • Provisions regarding intellectual property, disclaimers, and limitations of liability survive

Governing Law and Jurisdiction

These Terms are governed by the laws of Wyoming, USA, without regard to conflict of law provisions. Any disputes will be resolved in the courts of Wyoming, USA.

Dispute Resolution

Before pursuing legal action, we encourage you to contact us directly to resolve any issues. For eligible disputes, you may also use online dispute resolution platforms.

Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated with at least 30 days’ notice. Continued use of the Service after changes become effective constitutes acceptance of the new Terms.

Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

Contact Information

If you have any questions about these Terms, please contact us:

  • Email: contact@tobiasschnellbaecher.com
  • Phone: +1 307 218 0354
  • Address: TKS Web Marketing & Development, 30 N Gould St, Ste R, Sheridan, WY 82801, USA