General Terms and Conditions of CREATE BEYOND® (operated by Matthias Dangl)
§ 1 Scope of the GTC and Contracting Parties
1. These General Terms and Conditions (GTC) apply to all educational and informational services, contents as well as deliveries provided by Matthias Dangl (operating under the brand CREATE BEYOND®) (hereinafter “Provider”). Matthias Dangl represents himself with regard to the provision of services. Unless expressly agreed in text form, deviating, supplementary or conflicting terms and conditions of the customer shall not apply.
2. Customers within the meaning of these GTC are both consumers and entrepreneurs. Consumers within the meaning of these GTC are natural persons who use the services for a purpose that can be attributed predominantly neither to their commercial nor their self-employed professional activity. Entrepreneurs within the meaning of these GTC are natural or legal persons or partnerships with legal capacity who, when concluding the contract, act in the exercise of their commercial or self-employed professional activity.
§ 2 Services
Matthias Dangl (operating under the brand CREATE BEYOND®) (hereinafter “Service Provider”) offers digital educational content in the form of video courses for filmmaking and content creation. Additionally, the Provider operates a free marketplace where users can spend their earned points for products sponsored by sponsors. Courses and marketplace features are regularly updated and expanded to support users in developing their skills in filmmaking and content creation.
The Provider emphasizes the importance of consistent engagement with the content to achieve personal growth and success in these creative fields. Customers are advised that success in filmmaking and content creation involves individual effort and creativity, and results cannot be guaranteed. The Provider’s content aims to support customers in developing their understanding and skills in filmmaking and content creation.
§ 3 Distribution
Matthias Dangl (operating under the brand CREATE BEYOND®) (hereinafter “Distribution Partner”) is responsible for the distribution of the services.
§ 4 Ordering Process and Conclusion of Contract
The presentation of our products takes place on the online portal createbeyond.io (hereinafter “Portal”).
The Provider does not make a binding offer, but an invitation to submit an offer by the customer. A binding purchase offer is made by the customer, who can place an order via the Portal. For this purpose, the creation of a customer profile on the Portal of the Distribution Partner is necessary.
After the order, the customer receives an automatic order confirmation by email, which contains the details of the order and can be printed out. This order confirmation represents the acceptance of the offer by the Provider. In this email or in a separate email, the customer will be sent the contract text (consisting of order, GTC and order confirmation) on a durable medium (email) (contract confirmation). The contract text is stored in compliance with data protection. Registered customers can also view their order data in the customer area of the Portal.
§ 5 Purpose
The Provider’s services are for education and skill-building in the fields of filmmaking and content creation. They do not constitute professional certification or guaranteed career advice and should not be interpreted as such.
The Provider does not provide specific guarantees for outcomes or results from using the courses or marketplace. Customers are urged to apply the learned skills based on their personal situation and goals. The services, contents, and features are in the area of education and information and in no way constitute binding professional advice.
Customers are solely responsible for their creative decisions and outcomes and are urged to seek additional professional guidance if needed for career or business purposes.
§ 6 Copyrights and Use of Content
All provided content, including texts, graphics, PDFs, videos and other materials, are protected by copyright and are the property of the Provider or the respective rights holders. The content may only be used for personal and non-commercial purposes.
Reproduction, distribution, transmission or any other use of the content without the express written consent of the Provider is strictly prohibited.
§ 7 Privacy Policy
The processing of personal data is carried out in accordance with national and European data protection laws.
The Provider collects and processes personal data of customers for the purpose of providing the services. The Provider’s privacy policy can be accessed under the following link: https://createbeyond.io/privacy-policy/
The parties undertake to maintain confidentiality of non-obvious or generally accessible information or documents from the area of the other party.
§ 8 Payment Terms
The payment processing is carried out by Matthias Dangl (operating under the brand CREATE BEYOND®) (hereinafter “Payment Service Provider”).
The price for the respective product and the term is indicated on the Provider’s online portal.
The Payment Service Provider offers various payment methods and reserves the right to change them. There is no automated subscription model.
Payment is made in advance and is non-refundable.
§ 9 Delivery
The services are provided via the online portal and associated platforms (hereinafter referred to as “Delivery Platform”). Customers receive access to the Delivery Platform after completion of the ordering process in the Portal. The access data to the Delivery Platform will be sent to the email address provided by the customer to the Distribution Partner or in the Portal.
The customer shall immediately notify the Distribution Partner by email of any changes that affect the performance of the services and the contractual relationship (e.g., relocation, name change, change of email address) or change them independently in the Portal.
§ 10 Right of Withdrawal
There is no right of withdrawal, as the services represent digital content, are digital in nature and are immediately available.
§ 11 Right of Termination
Each payment represents an independent transaction for a defined period. The customer makes a new decision with each purchase as to whether to use the services for a further period. There is no automated subscription model.
§ 12 Warranty
In contracts for the acquisition of digital content, the customer is entitled to the rights and claims under the statutory law on liability for defects. If the customer is an entrepreneur, claims for liability for defects shall become statute-barred within twelve months of delivery.
It is the customer’s responsibility to report any defects, disruptions or damage immediately.
The Provider warrants that the services will be provided with the care of a prudent businessman.
§ 13 Liability
The Provider shall not be liable for damages incurred by customers through the use of the services, provided that such damages are not based on intentional or grossly negligent conduct by the Provider or its vicarious agents.
The Provider shall not be liable for damages arising from the use of the services by customers who knowingly misuse the services.
The Provider shall not be liable for damages caused by force majeure, such as power outages or internet failures.
The Provider shall not be liable for indirect damages, such as loss of profit, loss of revenue or damage to data.