02Terms and conditions

1. Who we are and what these terms cover

These terms are the contract between you and Martín Silva Molina, who runs The Mariscal as a private individual (Ul. Ivana Rendića 28b, 10000 Zagreb, Hrvatska, OIB 42550330688), "The Mariscal", "we", "us". Our full details are in the Legal notice.

They apply to themariscal.com and all its subdomains (the company website, the Academy and its courses, My account, My notebook, My exercises, the blog, the guides, the book, the demos and the rest), which these terms call "the sites". The part made up of the courses, the book, the guides, My account, My notebook and My exercises we call "the Academy".

To use the sites with an account or to buy anything, you need to accept these terms. How we handle your data is explained separately in the Privacy policy, and cookies in the Cookie policy. Custom software projects (websites, apps, agents) are governed by the proposal you accept and by the Service terms.

2. Words we use

• Course: a set of lessons (videos, texts, exercises, exams and materials) sold as a single unit. It's digital content.
• The book: “Cómo se piensa una app” and any other digital books we publish, which you read at book.themariscal.com.
• Guides: the long, free guides at guides.themariscal.com.
• Skill: a bundle of instructions, templates and files that lets an artificial intelligence agent carry out a task. It's digital content.
• Credits: the virtual units you spend on Mariscal AI features.
• Mariscal AI: the Academy's artificial intelligence assistant (see Artificial intelligence at The Mariscal).
• Gift: a course someone buys for another person, who receives it as a code to redeem.
• Demos: the showcase sites (the 3D shops and configurators, the publishing house, the cube and the others) that show what we can build.
• Your content: anything you write or upload: notes, highlights, post-its, notebooks, routines, chats, comments, files.
• Consumer: a person who uses the sites for purposes outside their trade, business or profession.

3. Your account

• Age: you can create an account from the age of 16. If you're younger, only with the permission and supervision of your parent or guardian, who accepts these terms on your behalf. The sites aren't meant for children under 13.
• Purchases: to pay, you must be an adult under the law of your country or have permission from your parent or guardian. If a minor bought something without permission, write to us and we'll sort it out.
• One person, one account: your account is personal. Don't share it, sell it or lend it.
• Your details: they must be true. Look after your password and access to your email; if you think someone has got into your account, let us know.
• Signing in: with email and password, with a code sent by email, or with Google or Apple. One session works across every themariscal.com site.

4. What the sites offer

The Mariscal is a software company with an academy. Part of the sites is free (the website, the blog, the guides, the demos, the free lessons and the open chapters of the book) and part is paid (the full courses, the book and the skills we sell). What each product includes (lessons, length, language, level, format) is described on its page before you buy.

What you need to use them

• An internet connection and an up-to-date browser (Chrome, Safari, Firefox or Edge from the last two years) on a computer, tablet or phone.
• Some videos play through the YouTube player, so it has to be available in your country and on your network.
• The 3D demos need WebGL; on very old devices they may run slowly.
• To use a skill you need a compatible AI agent (for example Claude Code or another agent that reads skills); that agent belongs to a third party and comes with its own terms and costs.

5. The demos

The demos show what a client's shop, configurator or publishing house could look like. They don't actually sell anything: the orders, baskets and production orders you put together there aren't sent to anyone and nobody charges you for them. Whatever you configure or upload (an image, a 3D file, some text) is processed in your browser and stored only on your device, unless the demo clearly says otherwise. The prices they show are examples.

6. How buying works

1. You choose the course, the book, the skill or the gift. Before paying, you see what's included, the total price and these terms.
2. If it's digital content for yourself, it's sold with immediate access: to pay, you tick the box asking for that access and acknowledging that you lose your right of withdrawal for that purchase. The box is never pre-ticked. If you'd rather take your time, you can look at the free lessons and open chapters first.
3. You tap the payment button, which says clearly that ordering means paying ("Pay", "Buy"), and you pay on Stripe's secure page. Up to that point you can go back and correct any details.
4. Once Stripe confirms the payment, the contract is concluded and what you bought appears in your account.
5. We send you a confirmation email with the details of your purchase, these terms and, where relevant, confirmation that you asked for immediate access. That email is your copy of the contract: keep it.

The contract can be concluded in Spanish, English or Croatian. We don't file a separate copy beyond your confirmation email and the record of the purchase in your account.

7. Prices, taxes and payment

• Prices are in euros (€) and are final: The Mariscal isn't registered for VAT (PDV), so none is added. Outside the European Union, your country may charge its own taxes or fees (for example on card purchases in a foreign currency), which are out of our hands.
• You pay by card or by the other methods Stripe offers on the payment page. We never see or store your card details.
• When we advertise a price reduction, we also show the lowest price from the previous 30 days, as the law requires.
• We don't personalise prices using automated decisions about your profile.
• If a technical error makes a price obviously wrong (for example €0.10 instead of €10), we'll tell you before charging you or refund your payment; we never charge you more than the price you saw.
• We email you the receipt.

8. Access to what you bought

When you buy a course, the book or a skill, you get a personal, non-exclusive, non-transferable licence to use it as set out in the Licence section, with no time limit for as long as the service keeps running.

The content gets better

We fix mistakes, add lessons and chapters, and update skills when the tools change. We may modify what you bought for valid reasons (updating it, improving it, technical or legal changes) at no cost to you. If a change makes your access, or what you bought, noticeably worse, we'll email you beforehand and you can terminate the contract within the following 30 days and get back the proportional part of the price (art. 19 of Directive (EU) 2019/770).

If a product or the Academy closes

We'll give you at least 60 days' notice. If you bought it less than 24 months earlier, we refund the proportional part of the price for the time left until those 24 months are up and, in any case, the balance of paid credits you haven't spent. You can download your data and your content before it closes. A skill you've already downloaded is still yours to use under its licence.

9. Gifts and offers

• Whoever buys the gift is the one who contracts with us and holds the consumer rights for that purchase.
• The recipient gets the gift by email as a code to redeem in their account. To send it we need their name and email, which the buyer gives us; the gift email explains where we got their details.
• Codes for a purchased gift don't expire. Promotional codes we give away ourselves may have a deadline, shown next to the code.
• If the recipient already had that course, write to us: we'll swap it for another one at the same price or refund the buyer.
• A code can't be exchanged for money (except where the law requires it) and can only be redeemed once.
• Withdrawal: as long as the code hasn't been redeemed, the buyer can withdraw from the gift within 14 days of buying it and get the money back (see Withdrawal).
• 3-for-2 and other multi-buy offers: if you withdraw from part of it, we recalculate: we refund what you paid minus the normal price of whatever has been redeemed.
• If a code gets lost or never arrives, write to us and we'll send it again.

10. Credits

Credits are virtual units you spend on Mariscal AI features. They aren't money: they only work inside the Academy.

• How you get them: the ones we give you (when you create your account, when you buy a course or in a promotion) and, when we offer them, the ones you buy in packs. Each pack shows its price in euros before you pay.
• What each feature costs: shown before you use it. If a feature's price changes, we'll tell you beforehand.
• They don't expire for as long as your account exists.
• They can't be transferred to another account, can't be exchanged for money and aren't electronic money.
• If a request to the AI fails because of a problem on our side, we give you the credits back.
• Order of spending: for refund purposes, gifted credits count as spent first and purchased credits after.
• Withdrawal: a purchased pack can be returned within 14 days of buying it; we refund the value of the credits from that pack you haven't spent.
• If you close your account, any credits left are lost: if you have unspent purchased credits from the last 14 days, ask for a refund first. If we close the Academy or your account through no fault of yours, we refund your balance of unspent paid credits.

11. The right of withdrawal

As a consumer in the European Union you have 14 days to withdraw from a distance purchase without giving a reason. For digital content (courses, the book, skills), you lose that right once access begins with your express consent and your acknowledgement that you lose it. All the details, the exceptions, the form and the button to withdraw are in Withdrawal and complaints. For development services, see the Service terms.

12. If something doesn't work: the legal guarantee

The digital content you bought has to be as we described it and work as you'd reasonably expect (Directive (EU) 2019/770 and the Croatian law that implements it). If a video won't load, a lesson is missing, a skill doesn't include the files we promised or something doesn't match what was offered, let us know: we'll fix it free of charge within a reasonable time. If we can't, you can ask for a proportionate price reduction or terminate the contract and get a refund within 14 days. These rights can't be excluded and don't depend on any commercial guarantee.

13. Mariscal AI

• When Mariscal AI answers you, analyses something or generates exercises and notebooks, an artificial intelligence system is answering, not a person. We say so in every feature.
• The AI can get things wrong: check anything important. Don't use it for medical, legal, financial or safety decisions.
• Generated answers are for your personal use and learning; if you use them in your work, it's up to you to check them.
• Don't use the AI to generate illegal content, to harass anyone, or to get around its limits or automate requests.
• To answer you, what you write and the minimum context needed are sent to AI providers: see the Privacy policy and Artificial intelligence at The Mariscal.

14. Exams, marks and diplomas

The Academy's marks, analyses and diplomas are for guidance and personal use only. They aren't official qualifications or accredited certificates from any education system. If you disagree with an assessment made by the AI, you can ask for a person to review it by writing to hey@themariscal.com.

15. Your content

• What you write or upload (notes, highlights, post-its, notebooks, routines, chats with the AI) is yours and, unless you publish it, only you can see it.
• So that we can store it, show it to you and make the sites work, you give us a free, worldwide, non-exclusive licence limited to that. It ends when you delete the content or your account (except for backups, which are deleted automatically on their own cycle, and anything other people have already quoted).
• What you publish for others (comments, reviews) is shown to everyone with your name and profile picture. For that, the licence includes showing it publicly and translating it automatically into the site's other languages.
• You're responsible for having the rights to what you publish or upload and for making sure it isn't illegal.

16. What you can't do

• Share, sell or lend your account, or access to a course, the book or a skill.
• Download, record, copy or redistribute the videos, texts or materials, except as the licence allows.
• Use bots, scrapers or scripts to extract content, or use the content to train artificial intelligence models.
• Try to get into parts of the systems you're not meant to, probe for vulnerabilities without permission, overload the services or reverse-engineer them.
• Cheat with gifts, codes, credits or payments (for example, chargebacks on purchases you did receive).
• Publish illegal content or content that breaks the Community guidelines, impersonate someone else or harass anyone.

If you find a vulnerability, tell us at hey@themariscal.com before making it public: we'll be grateful and we won't take action against research done in good faith.

17. Moderation and restrictions

Under art. 14 of Regulation (EU) 2022/2065 (the Digital Services Act, DSA), here's how we moderate what users publish:

• What isn't allowed: whatever the Community guidelines say.
• How we find it: through reports from users (the "Report" button and the form) and through review by a person. We don't use automated systems that delete content.
• What we can do: hide or remove content, limit who can see it, suspend the ability to post or, in serious or repeated cases, suspend or close the account.
• We tell you why: if we take action on your content or your account, we send you the reasons (what we did, why, which rule or term we relied on and how to appeal), unless the law doesn't allow it.
• How to appeal: reply to that email or write to hey@themariscal.com. A person reviews it and we get back to you. You can also go to court or to the competent authority.

18. Intellectual property and licence

All the content on the sites (code, design, videos, texts, guides, the book, the skills, illustrations and 3D models) is ours or used under licence. We give you a personal, non-exclusive, non-transferable, non-sublicensable licence, revocable only for a serious breach, to view and use it for learning, on your own devices. You can print or export to PDF your own notebooks, your notes and the guides for personal use.

Skills

A purchased skill can be installed and used in the AI agents of whoever bought it (and, if a company bought it, of the people at that company who use it for their work), including for work done for clients. Whatever you produce with it is yours. What isn't allowed is reselling, publishing or redistributing the skill itself (its instructions and files), or passing it off as your own. If a skill comes with its own licence (for example an open-source licence), that licence applies.

All other rights are reserved. What we deliver to a client in a custom project is governed by the Service terms.

19. Availability

We do what we reasonably can to keep the sites running at all times, but there may be outages for maintenance, because a provider fails (hosting, YouTube, payments, AI models) or for reasons beyond our control. If an outage stops you using what you bought for a significant length of time, write to us.

20. Liability

• We're liable without limit for damage caused intentionally or through gross negligence, for harm to life, body or health, and in every case where the law doesn't allow liability to be limited.
• For slight negligence, we're only liable if we breach an essential obligation of the contract, and up to the foreseeable damage typical of this kind of contract.
• We're not liable for the content of linked third-party sites, for third-party AI agents in which you use a skill, or for how you use the AI's answers outside the Academy.
• Nothing in these terms limits the rights the law gives you as a consumer, including the legal guarantee of conformity.

21. Closing your account

• You can do it whenever you like, by writing to hey@themariscal.com. Closing your account means losing access to what you bought and to your credits, so we'll check with you first. What happens to your data: Privacy policy.
• We only close an account for a serious or repeated breach of these terms (fraud, a shared account, illegal content), on the order of an authority or where the law requires it. We'll warn you first and explain why, unless it's urgent or the law forbids it. If it isn't your fault, we refund the proportional part of what you paid and your balance of unspent purchased credits.

22. Changes to these terms

We may update these terms because of legal, technical or service changes. If a change is significant, we'll email you at least 30 days beforehand. Changes never make what you've already bought worse. If you don't agree, you can close your account before they take effect (with whatever refund applies under Closing your account). All previous versions stay published at the bottom of this document.

23. Governing law and courts

• These terms are governed by the law of the Republic of Croatia. If you're a consumer living in another country, you're also protected by the mandatory rules of your own country's law: this choice of law doesn't take that protection away (art. 6 of Regulation (EC) 593/2008, Rome I).
• If you're a consumer living in the European Union, you can sue us in Croatia or in the courts where you live; we can only sue you in the courts where you live (arts. 17 to 19 of Regulation (EU) 1215/2012).
• If you're not a consumer (you're buying for your business), the courts of Zagreb have jurisdiction.
• Before it gets as far as a court, tell us about the problem: it can almost always be sorted out with an email. The ways to complain are in Withdrawal and complaints.

24. Languages of this contract

These terms are available in Spanish, English and Croatian, and all three versions are equally valid. If they differ, the version in the language you contracted in prevails; if you live in Croatia, the Croatian version prevails.

25. Final provisions

• If any clause turns out to be invalid, the rest still applies.
• If we don't enforce a right at some point, that doesn't mean we've given it up.
• We may transfer this contract to whoever carries on The Mariscal (for example, when it becomes an obrt or a company), telling you first and without you losing any rights. You can't transfer your account.
• We're not liable for failures caused by force majeure (disasters, widespread internet or power outages, decisions by the authorities) for as long as they last.

26. Contact

Any questions about these terms: hey@themariscal.com, the contact form or by post to Ul. Ivana Rendića 28b, 10000 Zagreb, Hrvatska.