Valid from 01.03.2025

(1) This is the English version of the German terms and conditions. The German "Allgemeinen Geschäftsbedingungen (AGB)" are legally binding. In case of discrepancies, the German version shall prevail.

You can access and read the German AGB here: https://tmbperformance.com/agb

(2) The Terms and Conditions (hereinafter referred to as "T&C") apply to the purchase of digital products and to the purchase and renewal of a membership in the Performance Revolution Community (hereinafter referred to as "Community"). The version of the T&C valid at the time of purchase shall always apply.

The T&C do not apply to coaching agreements concluded with TMB Performance GmbH.

(3) The parties to the purchase agreements are TMB Performance GmbH (UID-Number: CHE-457.889.081) in Hirschmattstrasse 30a, CH-6003, Lucerne (hereinafter "TMB Performance GmbH") and the natural or legal person making the purchase (hereinafter "Buyer").

The buyer confirms to TMB Performance GmbH that, if he is an individual (i.e. not a company), he is at least 18 years old and has legal capacity. He also confirms that he is legally authorized to use the website and assumes full responsibility for the selection and use of the website.

(4) With his purchase, the buyer accepts the T&C. TMB Performance GmbH does not recognize any deviating terms and conditions of the buyer unless TMB Performance GmbH expressly agrees to their validity.

(1) The object of purchase is the digital product or the community membership which the purchaser wishes to acquire. The respective content of the service description on the offer website of TMB Performance GmbH (e.g. on the homepage or the online store) applies.

(2) When purchasing a community membership, the buyer receives access to the community via the community platform Circle.so on which he must create a user account for its use.

(3) The buyer acknowledges that he is solely responsible for ensuring that the purchased digital product or the purchased community membership meets his needs. TMB Performance GmbH does not guarantee that the buyer will achieve a certain result, a certain professional qualification or a certain employment opportunity by purchasing and using the product or service.

(4) TMB Performance GmbH reserves the right to change, suspend or discontinue the services, products, fees, costs and conditions at any time, including the availability of functions or content.

By continuing to use the service, the buyer agrees to the changed terms and conditions.

(5) TMB Performance GmbH is also entitled to restrict certain functions and services or to restrict the purchaser's access to parts or all of the services without prior notice or liability.

(1) The presentation of the offers of TMB Performance GmbH on advertising media (e.g. on websites, online stores, flyers) does not constitute a binding offer, but a non-binding invitation to the buyer to submit an offer. Only the purchase by the buyer constitutes a legally binding offer to conclude a corresponding contract with TMB Performance GmbH. Upon acceptance of the offer by TMB Performance GmbH, the contract shall be deemed concluded.

(2) Upon conclusion of the contract, the buyer is obliged to pay the agreed price.

(3) The contract language is German.

(1) In order to use the community platform, the buyer must create a user account. For this purpose, a unique username ("user ID") and a password must be defined.

(2) TMB Performance GmbH may at any time refuse to allow the buyer to use a user ID that impersonates someone else, that may be illegal, that is protected by trademark or other intellectual property laws, that is offensive in any way or that, in the sole discretion of TMB Performance GmbH, may cause confusion in the marketplace.

(3) In order to complete registration, the buyer must provide certain information about himself ("user information"), including but not limited to his name, telephone number, postal address, e-mail address and credit card information. By creating and using the user account, the buyer agrees to (A) provide true, accurate, current and complete user information and (B) maintain and promptly update its user information so that its user information remains true, accurate, current and complete at all times. If the buyer provides untrue, inaccurate, outdated or incomplete user information, TMB Performance GmbH may, in its sole discretion, suspend or terminate the buyer's user account at any time and deny the buyer further use of the service.

(4) If the buyer creates a user account or uses the service on behalf of an employer or other legal entity, the buyer represents and warrants to TMB Performance GmbH that it has the full legal authority to bind its employer or other legal entity to these terms and conditions and the other rules, guidelines and policies of TMB Performance GmbH.

(5) The buyer acknowledges and agrees that he is at all times solely and fully responsible for all activities that occur with or through his user account and user ID (including payments or other actions taken by unauthorized persons using his user account), and he hereby releases TMB Performance GmbH from any liability for losses of any kind arising from or related to the unauthorized use of his user ID and password.

(6) User accounts, user IDs and passwords are non-transferable and any attempted transfer is invalid and has no legal effect.

(7) The buyer warrants to take reasonable measures to prevent unauthorized persons from accessing the community with his user ID and password.

(1) For all offers of TMB Performance GmbH, the fees and prices shown on the advertising media shall apply. Any special conditions on individual advertising media can only be granted if an offer is submitted via the same advertising medium(s).

(2) The invoice for the respective purchase shall be sent exclusively by e-mail as a PDF file. By submitting an offer, the buyer agrees to the invoice being sent by e-mail as a PDF file. Dispatches by normal post will only be made in accordance with the statutory provisions on separate request.

(3) Prepayment by bank transfer or PayPal shall be specified as the method of payment.

(4) Unless otherwise stated, fees and payments are stated in EUR or CHF.

(5) By concluding the contract, the buyer confirms that he is legally entitled to use the specified means of payment and, in the case of card payments, that the buyer is either the cardholder or has the explicit permission of the cardholder to use the card for payment.

(6) TMB Performance GmbH may refuse to process a transaction for any reason or refuse service to anyone at any time at its sole discretion. TMB Performance GmbH shall not be liable to the purchaser or any third party for any refusal or suspension of a transaction after processing has commenced.

(7) The fees are due directly at the time of purchase. Only after full payment of the fees will the buyer have access to the purchased digital product and/or the community.

(8) The buyer is solely responsible for all other costs incurred in connection with the use of the purchased digital product and/or the community (e.g. any software licenses).

(9) Non-use or reduced use of the services of the community does not entitle to a reduction of the membership fee.

(1) The buyer retains at all times all rights that may exist, including copyrights, trademarks and service marks, to the Contributions released by him in the community, provided that (A) TMB Performance GmbH automatically receives a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers of sublicensees), unrestricted, and transferable right and license to use, reproduce, copy, print, publish, distribute, edit, adapt, modify, alter, translate, create derivative works from, publicly display, digitally perform, incorporate such Contributions in other works and distribute such other works, and/or to otherwise exploit such Contributions or any parts thereof, along with your user ID, in any form, manner, or medium, without any compensation or obligation to you in TMB Performance GmbH's discretion for the full term of any copyrights that may exist in such Contributions, including any renewals and extensions thereof; (B) TMB Performance GmbH has the right (but not the obligation) to sell, license, and display any advertising, sponsorship, promotional, and/or distribution rights in connection with the buyer's Contributions, and TMB Performance GmbH is entitled to retain any and all revenue generated by or derived from any sale, licensing, or other exploitation of such advertising, sponsorship, promotional, or distribution rights. The buyer hereby waives and agrees not to enforce any so-called “moral rights” he may have in and to any of the Contributions he elects to share via the community; (C) the buyer acknowledges and agrees that all Contributions he shares are public and he has no expectation of privacy with respect to such Contributions. No confidential, fiduciary, contractual-implied or other relationship is created between him and TMB Performance GmbH by virtue of the fact that he shares a Contribution via the Community. He assumes full responsibility for his contributions at all times and remains solely liable for them.

(2) TMB Performance GmbH has the right (but not the obligation) to monitor, screen, review, moderate, edit, modify, block, remove, delete or refuse to post any Contributions approved by buyer at any time in its sole discretion, for any reason or no reason, whether intentional or unintentional, without notice or liability to it or any other party.

(3) The buyer is required to identify and comply with any copyright or other restrictions on use with respect to any Contributions he releases, and he is at all times solely and entirely responsible for determining whether his Contributions require the consent or license of any other person or entity and, if so, for obtaining such consents and paying any license or other fees in connection therewith. Under no circumstances is TMB Performance GmbH obligated to pay or assume any amounts to any person or entity arising from the use or exploitation of buyer's Contributions in connection with the community under these terms.

(4) The buyer is required to ensure that his Contributions are not unlawful, fraudulent, harassing, threatening, bullying, harmful, tortious, defamatory, libelous, abusive, discriminatory, hateful, obscene, vulgar, pornographic, sexually offensive, racially or ethnically offensive, is inflammatory, promotes conduct that would be considered a criminal offense, give rise to civil liability or violate any law, prevent any other person from using or enjoying the Community, or is otherwise objectionable in the sole discretion of TMB Performance GmbH.

(5) The purchaser is not permitted to disseminate advertising, promotional material or spam via his posts in the community.

(6) TMB Performance GmbH may investigate any reported or apparent breach of these terms and take any action TMB Performance GmbH deems appropriate in its sole discretion at any time, including, but not limited to, restricting, suspending or terminating privileges and access to all or part of the buyer's service, without prior notice or liability to him or any third party, to prevent or remedy any breach of these terms.

(7) The buyer acknowledges that TMB Performance GmbH is under no obligation to store, retain, archive or otherwise make available to him any Contributions he shares with TMB Performance GmbH, and that any Contributions he shares with TMB Performance GmbH may be deleted from TMB Performance GmbH's servers at any time, for any reason or no reason, whether intentional or unintentional, without notice or liability to him or any third party. He is at all times solely responsible for backing up and archiving his Contributions.

(1) All documents, materials and other documents (hereinafter referred to as “Documents”) which have been or will be made available to the buyer by TMB Performance GmbH after the purchase in electronic, digital, written or verbal form are and remain the unrestricted intellectual property of TMB Performance GmbH. The documents are subject to copyrights and other intellectual property rights.

(2) The buyer is granted a limited, revocable and non-exclusive license (without the right to sublicense) to access and use the community (including its documents) solely for informational purposes and to use its contents solely for non-commercial, personal use.

(3) The buyer is prohibited from intentionally or negligently making documents in whole or in part or the contents of these documents accessible to third parties, reproducing them, modifying them, creating works derived from them or using them for commercial purposes. The imitation of the information (e.g. “reverse engineering”) by the buyer or by third parties is also prohibited.

(4) The buyer is prohibited from removing any copyrights or other references of TMB Performance GmbH from the documents.

(5) The buyer is obliged to take suitable precautions to protect the information (e.g. passwords, protected folders). Access data may not be passed on to third parties.

(6) The buyer is not permitted to make transmissions that take place within the scope of the community accessible to third parties who are not also paying members of the community. It is therefore not permitted to record transmissions in sound and/or image, to make and save recordings, to stream or to allow unauthorized third parties to listen in. It is also prohibited to give others the opportunity to commit the aforementioned copyright infringements.

(7) The buyer assures to inform TMB Performance GmbH immediately at hello@tmbperformance.com if (A) he suspects unauthorized use or unauthorized access to his user ID or password; (B) he passes on his user data to third parties unintentionally or undesirably; (C) he becomes aware of other infringements of the copyrights and rights of use of TMB Performance GmbH.

(8) In the event of a breach of the copyrights and rights of use, TMB Performance GmbH reserves the right to terminate the contractual relationship and access to any services with immediate effect. In this case, the buyer's payment obligation remains unaffected. In addition, TMB Performance GmbH reserves the right to reclaim all costs incurred as a result of the infringement, including possible legal fees and court costs.

(1) Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.

(2) Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.

(3) This clause shall continue notwithstanding termination of these terms and conditions

(1) The contract does not contain a minimum term. The duration depends on the nature or purpose of the service. The contract is terminated at the end of the respective service.

(2) If the use of the service fails due to the buyer's failure to meet the technical requirements, this shall not constitute grounds for either a price reduction or termination.

(3) TMB Performance GmbH may, in its sole discretion, at any time and without notice or liability to the buyer or any third party, terminate the buyer's user account in the Community or otherwise restrict, suspend or terminate the buyer's access to the Service, without prejudice to any other remedies, if TMB Performance GmbH believes that the buyer's use of the Service (A) violates these Terms or the other rules, guidelines and policies of TMB Performance GmbH; (B) violates the rights of any person or entity (including intellectual property rights); (C) results in other legal liabilities; or (D) harms TMB Performance GmbH, its affiliated parties or users.

(4) TMB Performance GmbH may terminate the buyer's user account in the community or restrict, suspend or terminate his access to the service if he does not pay the fees due on time.

(5) In the event of termination, clauses 11 (Liability), 7 (Copyright and Rights of Use of TMB Performance GmbH) and 8 (Confidentiality) shall remain in force indefinitely notwithstanding such termination.

(1) When purchasing a digital product, there is no right to a refund. It is a digital download, which makes a return technically impossible.

(2) When purchasing a community membership, the buyer has the right to withdraw from the contract within 30 days of purchase. To do so, he must prove that he has actively participated in the community and used the frameworks, but has still not achieved the desired success. In this case, the buyer will be refunded the full amount.

(3) If an event (e.g. Q&A call) in the Community is canceled by TMB Performance GmbH, the purchaser shall grant TMB Performance GmbH a reasonable period of time to reschedule the event.

(1) There is no statutory liability for defects for the contract.

(2) TMB Performance GmbH shall only be liable for damages resulting from an intentional or grossly negligent breach of contract or duty. Essential contractual obligations are obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the buyer may regularly rely. The liability of TMB Performance GmbH is limited to the amount of the price paid for the service provided. Further claims for damages are not accepted.

(3) The provision of services shall not be deemed to be or understood to be the provision of legal advice.

(4) Although TMB Performance GmbH endeavors to provide the services to the highest standards in the industry, neither it nor its guests accept any liability for (A) any inaccurate or misleading information provided in the digital products or documents and for any reliance placed by the buyer on such information; (B) any loss of profit, revenue or goodwill; or (C) any indirect, special or consequential loss arising from any breach of the terms of this agreement

(5) The community platform Circle.so is used as part of the community. The buyer bears sole responsibility for his Contributions and the consequences of the publication of Contributions. TMB Performance GmbH is not responsible for the terms of use or guidelines of Circle.so.

(6) The buyer acknowledges that other users of the Circle.so community platform may occasionally post messages or other content that may be inaccurate, misleading, illegal, deceptive or otherwise objectionable. TMB Performance GmbH is under no obligation to review, monitor, edit, block or remove any messages or other content. TMB Performance GmbH is not responsible for the messages or other content of the users and is not liable to the buyer or other users for messages or other content that he or other users encounter within the community and that he finds inaccurate, misleading, illegal, deceptive, libelous, defamatory, obscene, pornographic or otherwise objectionable.

(7) The buyer acknowledges and agrees that his access to and use of the community, including any content downloaded or otherwise obtained through the use of the community, is at his sole discretion and risk. The buyer bears sole responsibility for (A) damages to his computer, tablet, mobile phone or other device; (B) corruption or loss of data; and (C) unsatisfactory quality, performance or accuracy of the community and releases TMB Performance GmbH therefrom. We recommend that you always use industry-recognized software to detect and remove viruses from downloaded content.

(8) The buyer acknowledges that reliance on any advice, opinion, statement, information or other content displayed or distributed through the community is at the buyer's own risk. TMB Performance GmbH is not liable for the purchase of goods and/or services from third parties on the basis of information or other content provided via the community.

(9) TMB Performance GmbH does not warrant or guarantee that (A) the operation of the community will be uninterrupted, error-free and free from viruses, malicious software or other harmful components; (B) the community platform will be compatible with any particular hardware or software; (C) the community will continue to be made available.

(10) Should TMB Performance GmbH change, suspend or discontinue services or products, restrict access to certain functions or restrict the buyer's access to parts or all of the service, TMB Performance GmbH shall in no event be liable to the buyer or any third party for such actions or any alleged loss, damage or compensation arising out of or in connection with such actions.

(11) TMB Performance GmbH shall not be liable to the buyer for any breach of its obligations due to causes beyond its control, including but not limited to fires, floods, earthquakes, volcanic eruptions and other acts of God, terrorism, strikes, delays due to transportation disputes, cancellation of an event due to a death in the teacher's family, illness of the teacher, government edicts or regulations.

(12) A claim cannot be made more than six months after the last date on which the services in question were terminated or ceased to be provided by us.

(1) The buyer's data shall be processed exclusively for the purpose of providing the service and fulfilling contractual obligations.

(2) The buyer has the right to demand the deletion of his personal data if the purpose of the data processing no longer applies. Data that is required to fulfill legal retention obligations (e.g. contracts, invoices) may not be deleted before the retention period has expired.

(3) Although TMB Performance GmbH follows generally accepted standards to protect user information and ensure adequate security, TMB Performance GmbH cannot guarantee or warrant that information transmitted over the Internet is secure or that such transmissions are or will be free from errors, delays, interruptions or interception. The buyer acknowledges that he provides his personal information to TMB Performance GmbH at his own risk.

(4) TMB Performance GmbH may supplement the information provided by the buyer with information it receives from third parties.

(5) The buyer has no right to privacy with respect to his use of the community, and TMB Performance GmbH may disclose any of his postings and/or user information if TMB Performance GmbH, in its sole discretion, deems it necessary to do so in order to comply with governmental requests, subpoenas or court orders or to protect TMB Performance GmbH, its user community and its consultants, moderators, agents and service providers ("related parties").

(6) TMB Performance GmbH may, at its sole discretion and without notice or liability to the buyer or any third party, delete all or part of the buyer's contributions from the servers owned or operated by TMB Performance GmbH after termination of the buyer's user account in the community.

(7) TMB Performance GmbH may at any time offer the buyer products and services based on user information provided by the buyer, and such offers, advertisements and promotions may be made by TMB Performance GmbH or its affiliates.

(8) Our products may contain links to third party websites and we are not responsible for their data policies or procedures or their content.

(9) The buyer is not permitted to collect and extract data from the community or to collect personal information of other users (e.g. "user IDs", passwords).

(10) Further information on data protection can be found in the privacy policy: https://tmbperformance.com/privacypolicy

By concluding a contract and using our services, the buyer agrees to the privacy policy.

(1) The e-mail address stored in the buyer's user account will be used by TMB Performance GmbH to send him notifications in accordance with these provisions or in relation to the use of the community. The buyer agrees to receive communications to this e-mail address and that these communications meet all legal requirements for the written form of communications.

(2) The buyer agrees that TMB Performance GmbH may respond to any communication he sends to it with an electronic communication, whether or not his original communication to TMB Performance GmbH was an electronic communication.

(3) Any e-mail sent by TMB Performance GmbH to the buyer shall be deemed to have been received within 2 calendar days of the date on which such communication was sent from the computer servers used by TMB Performance GmbH to the e-mail address provided by him in his user account.

(4) To the extent permitted by applicable law, any email sent by the buyer to TMB Performance GmbH will not be effective until TMB Performance GmbH has had a reasonable opportunity to respond to the notification.

(1) The language available for the conclusion of the contract is German.

(2) This agreement shall be governed exclusively by Swiss law, to the exclusion of conflict-of-law rules referring to foreign law under Swiss private international law (IPRG) or international treaties. Amendments must be made in writing.

(3) The courts at the registered office or place of business of TMB Performance GmbH (Lucerne) have exclusive jurisdiction.

(4) A transfer of rights and obligations on the part of the buyer to another natural or legal person is not possible without the express and written consent of TMB Performance GmbH.

(5) TMB Performance GmbH may at any time and at its own discretion assign, transfer, sell or delegate its rights and obligations in whole or in part to third parties.

(6) These Terms and Conditions constitute the entire agreement between the buyer and TMB Performance GmbH with respect to the subject matter of these Terms and Conditions and supersede all prior written or oral agreements between the buyer and TMB Performance GmbH with respect to the subject matter of these Terms and Conditions.

(7) Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.

(8) The failure of one of the contracting parties to insist on compliance with a provision of this contract or to assert a right under this contract shall not constitute a waiver of this right or of the provision in question. Similarly, a single or repeated failure to comply with a breach of contract shall not constitute a waiver of any rights arising from similar or future breaches of contract. All rights and obligations under this contract shall remain in full force and effect as if no forbearance had been granted.

(9) The buyer warrants that he has read and understood these conditions and agrees to be bound by them and that he has been given the opportunity to obtain legal advice concerning his rights and obligations under these conditions and that he has either taken or declined such advice.