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Terms & Condition

These Terms & Conditions govern the use of the services provided by BMKL Media GmbH, represented by Philipp Klimke, Gummertstraße 39, 45131 Essen, Germany.
1. Scope These Terms & Conditions ("Terms") govern all agreements entered into between BMKL Media GmbH ("Company") and its clients ("Client"), to the extent permitted by applicable law. These Terms apply exclusively. Any conflicting, differing, or additional terms proposed by the Client shall not become part of the agreement unless expressly accepted in writing by BMKL Media GmbH.
2. Formation of the Agreement Agreements between BMKL Media GmbH and the Client may be concluded by telephone, video recording, or in writing. Where possible, the Company will provide a written confirmation of the agreement.
3. Services Provided by BMKL Media GmbH BMKL Media GmbH provides individualized coaching, consulting, and training services for business clients in the field of OnlyFans management. Services may include, but are not limited to: Model acquisition strategies Chatter recruitment strategies Business and management structure development Process optimization Operational organization Scaling OnlyFans businesses The agreement constitutes a service contract rather than a contract guaranteeing specific results. Unless expressly agreed otherwise in writing, BMKL Media GmbH does not guarantee any particular financial, business, or commercial outcome. The Company retains the right to determine the manner in which services are provided, provided such determination is reasonable. BMKL Media GmbH may also engage qualified third parties or subcontractors in providing its services. During the contractual term, the Client receives WhatsApp support as part of the agreed services. WhatsApp support is intended for short organizational and coaching-related questions concerning the services provided. The Client is not entitled to any specific response time. Support is provided during the Company's normal business hours. The Client agrees to provide all information, documents, approvals, and other cooperation reasonably requested by BMKL Media GmbH in a complete and timely manner. Failure to cooperate shall not affect the Company's entitlement to the agreed compensation. Any additional work or expenses resulting from delays caused by the Client shall be borne by the Client.
4. Acceptance of Services Unless otherwise agreed in writing, the services provided by BMKL Media GmbH constitute services rather than work requiring formal acceptance. Where the parties expressly agree that specific deliverables are subject to acceptance, the following provisions shall apply. Upon completion of individual project milestones or the overall project, BMKL Media GmbH may request formal acceptance of the completed work. Acceptance requires the Client to verify that the agreed functionality and contractual requirements have been fulfilled. Once testing has been successfully completed, the Client shall promptly declare acceptance. The Company may set a reasonable deadline for acceptance. If the Client does not provide written notice identifying any material defects before the deadline expires, the services shall be deemed accepted. If defects are claimed, the Client shall prepare a written defect report and submit it to BMKL Media GmbH. If material defects are identified, BMKL Media GmbH shall have the right to remedy such defects. The Company is entitled to two attempts to correct material deficiencies. Minor defects shall not prevent acceptance. In the event of a dispute regarding whether a defect is material, the parties agree to consult an independent expert appointed by the competent Chamber of Commerce before initiating legal proceedings. Both parties shall initially share the expert's fees equally. The final allocation of costs shall depend on the expert's findings. Except where mandatory law provides otherwise, the Client shall not be entitled to reimbursement of self-incurred repair costs, additional damages, or compensation for wasted expenses.
5. Pricing & Payment All prices quoted by BMKL Media GmbH are binding. Unless otherwise stated, all prices are exclusive of applicable value-added tax (VAT). Payment is due immediately upon receipt of the invoice unless otherwise agreed in writing. Unless expressly agreed otherwise, the agreed service fee becomes due upon execution of the agreement. If payment by SEPA Direct Debit is agreed, the Client shall provide a signed SEPA Direct Debit Mandate after entering into the agreement. The mandate shall also apply to future orders unless revoked. If a direct debit payment is rejected or reversed for reasons attributable to the Client, the Client shall pay the outstanding balance within three (3) business days after notification and reimburse any fees or charges incurred as a result of the failed transaction. Neither party may offset claims or exercise a right of retention unless the opposing party has expressly acknowledged the claim or the claim has been finally determined by a court of competent jurisdiction.
6. Term and Termination The agreement shall remain in effect for the minimum term individually agreed upon by the parties, whether orally or in writing. Unless otherwise expressly agreed, the standard coaching term is three (3) months beginning on the contract start date. During the coaching period, the Client is entitled to one Zoom coaching session per calendar week. Missed appointments expire without replacement unless otherwise agreed in writing. Early termination during the agreed minimum term is excluded unless otherwise expressly provided in the agreement or required by mandatory law. Either party may terminate the agreement by giving 30 days' written notice prior to the end of the agreed contract term. The date on which the notice is received shall determine compliance with the notice period. If contract pauses are permitted by BMKL Media GmbH, any pause may not exceed one (1) month. Notices of termination must be submitted in writing by email or postal mail. The statutory right of either party to terminate the agreement for good cause remains unaffected.
7. Default and Extraordinary Termination Deadlines for the Company's performance shall not begin until: the agreed payment has been received in full; and the Client has provided all required information, documents, and cooperation necessary for the performance of the services. If the Client is in default of payment, BMKL Media GmbH may suspend the performance of all remaining services until the outstanding balance has been paid in full. If BMKL Media GmbH terminates the agreement for cause due to the Client's payment default, the Company may claim, to the extent permitted by law, the full compensation that would have become due through the next ordinary termination date as damages. 8. Client Conduct Both parties agree to maintain respectful and professional communication throughout the contractual relationship. Harassment, discrimination, threats, abusive language, or any other inappropriate conduct toward employees, contractors, or other participants is strictly prohibited. The Client agrees to use all coaching materials, strategies, documentation, recordings, templates, and other information provided by BMKL Media GmbH solely for the Client's own business purposes. Such materials may not be shared, disclosed, or distributed to third parties without the Company's prior written consent. Recording coaching sessions, Zoom meetings, phone calls, or any other communication is prohibited unless BMKL Media GmbH has given prior written permission. If the Client materially breaches these Terms or significantly disrupts the coaching process, BMKL Media GmbH may temporarily suspend access to the services or terminate the agreement for good cause. To the extent permitted by applicable law, such suspension or termination shall not affect the Company's right to receive the agreed compensation.
9. Third-Party Intellectual Property The Client represents and warrants that all materials provided to BMKL Media GmbH—including, but not limited to, photographs, videos, graphics, text, trademarks, and other content—are free from third-party rights or that the Client has obtained all necessary licenses and permissions required for the performance of this Agreement. The Client agrees to indemnify and hold harmless BMKL Media GmbH from any third-party claims arising from the use of such materials. 10. Intellectual Property Rights All coaching materials, documents, recordings, videos, training materials, templates, strategies, business processes, know-how, and any other work product provided by BMKL Media GmbH are protected by copyright and other intellectual property laws and remain the exclusive property of BMKL Media GmbH. The Client receives a limited, non-exclusive, non-transferable license to use the provided materials solely for the Client's own internal business purposes during and after the term of this Agreement. Without the Company's prior written consent, the Client may not: copy, reproduce, publish, distribute, sublicense, sell, transfer, or otherwise make available any coaching materials or intellectual property to third parties. In particular, the Client is prohibited from using the Company's coaching materials, recordings, templates, strategies, or know-how to create competing coaching, consulting, educational, or training services. The license granted under this Agreement becomes effective only after full payment of all agreed fees. Until payment has been made in full, all intellectual property rights remain exclusively with BMKL Media GmbH.
11. Copyright The Client represents that they own all necessary copyrights or usage rights to any images, videos, text, databases, or other content provided to BMKL Media GmbH for publication or use. All content created by BMKL Media GmbH—including, but not limited to, text, photographs, videos, graphics, layouts, and other creative works—is protected by copyright law. Such content may not be copied, reproduced, modified, distributed, published, or otherwise used without the prior written consent of BMKL Media GmbH. 12. Right of Withdrawal Clients acting as businesses or commercial entities are not entitled to a statutory right of withdrawal, nor does BMKL Media GmbH voluntarily grant such a right. If the Client qualifies as a consumer under applicable law, the statutory withdrawal rights shall apply. For agreements involving digital content—including online training materials, videos, recordings, coaching sessions, downloadable resources, membership areas, or other digital products not supplied on a physical medium—the Client's statutory right of withdrawal expires once BMKL Media GmbH begins providing the digital content, provided that the Client has: expressly consented to the immediate commencement of performance before the withdrawal period expires; and acknowledged that this consent results in the loss of the statutory right of withdrawal. Performance shall be deemed to have commenced upon granting access to digital content, online training materials, video recordings, member areas, coaching recordings, or any comparable digital resources. By expressly requesting immediate performance and confirming their understanding that the right of withdrawal is thereby forfeited, the Client acknowledges that the statutory withdrawal right expires upon commencement of the Company's performance, to the extent permitted by applicable law.
13. Limitation of Liability BMKL Media GmbH shall be liable for damages, regardless of the legal basis, only in cases of willful misconduct or gross negligence, except where mandatory law provides otherwise. Nothing in these Terms shall limit or exclude liability under the German Product Liability Act (Produkthaftungsgesetz), for any expressly assumed guarantee, or for any liability that cannot legally be limited or excluded.
14. Data Protection The Client represents and warrants that any personal data provided to BMKL Media GmbH has been collected, processed, and disclosed in compliance with the applicable data protection laws, including the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG), where applicable.
15. Final Provisions Any amendments or modifications to these Terms must be made in writing to be legally effective. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The parties agree to replace any invalid provision with a legally valid provision that most closely reflects the original commercial intent. These Terms shall be governed exclusively by the laws of the Federal Republic of Germany, excluding its conflict-of-law rules. The place of performance shall be the registered office of BMKL Media GmbH. To the extent permitted by law, the exclusive place of jurisdiction for all disputes arising out of or in connection with this Agreement shall be the registered office of BMKL Media GmbH. Version: June 2026