40HE Terms & Conditions

Last updated: April 27, 2026

Below you will find the legal terms governing the different offerings of 40HE. Please refer to the section relevant to your specific purchase.

These Terms and Conditions govern your participation in the 40HE Club digital membership and community. By purchasing a membership, you agree to the following terms.

1. Scope & B2B Exclusivity

The 40HE Club is operated by Fabiano Abreu Ott, Ilsetraße 10, 10318 Berlin, Germany ("Organizer", "Seller", "we", "us").

This membership is strictly a Business-to-Business (B2B) offering. By signing up, you explicitly confirm that you are acting in your capacity as an entrepreneur, freelancer, or business entity (Unternehmer under § 14 BGB) and not as a private consumer (Verbraucher under § 13 BGB).

2. No Statutory Right of Withdrawal (Widerrufsrecht)

Because this is a strict B2B transaction, European consumer protection laws do not apply. There is no statutory 14-day right of withdrawal (Widerrufsrecht) for this purchase. However, we do offer a contractual money-back guarantee (see Section 5).

3. Subject of the Agreement

The 40HE Club membership grants you digital access to the community, including but not limited to founder calls, expert Q&A sessions, and the private community space.

• Exclusion of Physical Events: Any in-person events (such as the Sorrento Mastermind) are strictly separate offerings. They are billed separately and are governed by their own distinct terms, liability waivers, and tax rules (See Part B).

4. Pricing, Billing & Tax Status

• Membership Fees & Billing Cycle: The recurring rate and billing interval (e.g., quarterly, annually) for your membership are determined by the price agreed upon at the time of checkout. If you join under a specific "Founding Member" or "Price Lock" promotion, your specific introductory rate is locked in for the lifetime of your continuous membership, provided the 40HE Club continues to operate under its fundamental current community model. If you cancel and rejoin later, you will be subject to the standard active pricing at that time.
• Tax Exemption & Future VAT: As a German Small Business (Kleinunternehmer under § 19 UStG), the Organizer currently does not charge German VAT. The membership fee displayed at checkout is a strictly net price. Should the Organizer's tax status legally change in the future (e.g., crossing the revenue threshold), statutory VAT will be legally added to your net price on future invoices where applicable.
• Advance Billing: Your membership is billed in advance for your chosen billing cycle via Stripe.

5. Refunds & Promotional Guarantees

Because this is a B2B transaction, all membership fees are generally non-refundable. However, we offer specific guarantees based on your cohort:

• The Founding Member 90-Day Guarantee: If you joined as part of our initial "Founding Cohort," your membership is fully protected by a 90-day guarantee. If, within the first 90 days of your membership kickoff, you actively participate but feel you haven't received equivalent value, you can request a full refund of your initial payment.
• Future Cohorts & Promotions: For all subsequent members, refunds are only applicable if an explicit money-back guarantee was provided in writing at your time of checkout.
• Processing: To claim an applicable guarantee, simply email the Organizer before your respective guarantee period expires. Upon processing the refund, your access to the 40HE Club and all related assets will be immediately revoked.

6. Confidentiality & The "Chatham House Rule"

Trust is the foundation of this community. Founders share highly sensitive revenue numbers, struggles, and trade secrets.

• The Rule: You may share the insights and learnings you gather from the group with the outside world, but you may never reveal who said it or share identifiable details about another founder’s business without their explicit prior consent.
• Enforcement: Breach of this confidentiality rule will result in immediate termination of your membership without warning and without a refund.

7. Disclaimer of Liability

The 40HE Club brings in subject-matter experts and facilitates peer-to-peer advice. However, all information shared in calls, workshops, or the community space is strictly for educational and networking purposes.

• No Professional Advice: Nothing shared constitutes binding legal, tax, financial, or medical advice.
• Limitation of Liability: You are solely responsible for how you implement any advice in your own business. The Organizer and guest experts bear no liability for any financial losses, business damages, or legal issues resulting from actions you take based on discussions within the 40HE Club, except in cases of gross negligence or intentional harm by the Organizer.

8. Cancellation & Termination

• By You: You can cancel your membership at any time via your Stripe billing portal or by emailing the Organizer. Cancellations take effect at the end of your current paid billing cycle. There are no pro-rated refunds for partially used billing periods.
• By Us: We reserve the right to terminate your membership at any time (e.g., for toxic behavior, violating the Chatham House rule, or non-payment). If we terminate your membership without cause, we will refund the pro-rated remainder of your current billing cycle.

9. Final Provisions

• Governing Law: This agreement and the entire legal relationship between the parties are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
• Jurisdiction: The exclusive place of jurisdiction for all disputes arising from this contract is Berlin, Germany.

These Terms and Conditions govern your participation in our separately billed, in-person Mastermind Retreats (e.g., the Sorrento Mastermind).

1. Scope of Service & Nature of the Event

This contract governs the participation in a B2B business mastermind and strategy seminar ("The Event"). The Organizer provides professional facilitation, workshops, and networking opportunities. Accommodation at the venue and on-site catering are provided solely as ancillary logistical support to facilitate the seminar curriculum at a shared location. This Event does not constitute a package holiday or touristic travel service under § 651a BGB. Participants are solely responsible for organizing and financing their own travel (flights, transfers) to and from the venue.

2. Target Audience & Right of Withdrawal (B2B Exclusion)

This offer is directed exclusively at entrepreneurs and businesses (Unternehmer im Sinne des § 14 BGB). By purchasing a ticket, the participant confirms they are acting in a professional/commercial capacity. Therefore, the statutory right of withdrawal for consumers (Widerrufsrecht) does not apply to this contract.

3. Organizer Cancellation & Minimum Participants

The Event requires a minimum of 6 paying participants to ensure the quality of the mastermind dynamic. The Organizer reserves the right to cancel the Event by September 15, 2026, if this minimum number is not reached, or in cases of force majeure, illness of the host, or venue cancellation.

In the event of cancellation by the Organizer, participants will receive a 100% refund of the paid ticket price via the original payment method (Stripe). The Organizer assumes no liability for any external costs incurred by the participant, including but not limited to booked flights, trains, or rental cars.

4. Participant Cancellation & Transfer Policy

Due to the strictly limited capacity of the venue (6 participant spots) and the upfront costs of the Mastermind, the following cancellation policy applies to participants:

• Until July 15, 2026: Cancellations are eligible for a 100% refund of the ticket price.
• July 16, 2026 – August 15, 2026: Cancellations are eligible for a 50% refund of the ticket price.
• On or after August 16, 2026: Tickets are 100% non-refundable.
• Ticket Transfers: If a participant cannot attend, they may transfer their ticket to another qualified business founder. To ensure the replacement participant fits the peer group, the proposed replacement must be submitted to and approved by the Organizer at least 30 days prior to the Event (by September 2, 2026). The Organizer reserves the right to reject a transfer if the proposed participant does not meet the professional criteria of the Mastermind.

5. Liability & Teambuilding Disclaimer

Participation in the Mastermind and all related on-site activities (including physical teambuilding modules, sports, and use of the venue's facilities such as the pool or sports pitch) is strictly voluntary and at the participant's own risk. The Organizer is liable only for damages resulting from gross negligence or intentional misconduct. The Organizer assumes no liability for typical sports injuries or accidents occurring during free time.

6. Media, Photo & Video Release

The Organizer may take photographs and video recordings during the Event. By participating, the participant grants the Organizer the right to use these recordings for promotional and marketing purposes across all media channels (including website and social media) without compensation. However, the privacy and comfort of our attendees are paramount. Participants may opt out of being photographed or recorded at any time by simply informing the Organizer verbally during the Event, and no media containing them will be published.