Terms &
Conditions
Please read these Terms and Conditions carefully before using our services. By booking or using any service provided by The Digital Resident, you agree to be bound by these terms.
1. Introduction & Scope
These Terms and Conditions (“Terms”) govern the services provided by The Digital Resident, operated by Ian McLaren, based in Marbella, Costa del Sol, Málaga, Spain (“we”, “us”, “our”). These Terms apply to all clients (“you”, “your”) who book or use our services, whether in person, online, or via our website at thedigitalresident.com. By proceeding with a booking or subscription, you confirm that you have read, understood, and agreed to these Terms in full.
2. Our Services
The Digital Resident provides personalised technology and AI coaching services to individuals, including but not limited to: in-home coaching sessions, online video sessions, monthly retainer subscriptions, group coaching sessions, and access to our AI coaching assistant. Full descriptions of all services and their associated pricing are available at thedigitalresident.com. We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice.
3. In-Home & Online Coaching Sessions
The Client agrees to provide safe and reasonable access to the premises at the scheduled appointment time. To ensure the effectiveness of the session, the Client shall provide a suitable workspace with necessary internet connectivity as identified in the ‘Foundations Audit’.
The Client is responsible for providing accurate directions and access instructions. ‘The Digital Resident’ shall not be held accountable for shortened sessions or missed appointments resulting from incorrect location data or delayed entry, and such sessions will remain billable at the full rate.
It is the responsibility of the client to proactively book any online or in-home coaching sessions as included within their retainer each month. Sessions will not be rolled over to the following month if unused. Sessions must be booked via email or WhatsApp with a minimum of 24 hours’ notice. We reserve the right to reschedule sessions with reasonable notice in the event of unforeseen circumstances.
4. Device Security Health Checks
For Monthly Retainer Subscriptions: It is the responsibility of the client to proactively book the annual or bi-annual device security health checks included within their retainer plan. These will not be rolled over to the following year if unused. Health checks are carried out on a best-efforts basis and do not constitute a guarantee of complete device security.
5. AI Coach Conversations Limit
For Monthly Retainer Subscriptions: Whenever 5 hours passes between your conversations with our AI Coach, this will count as a new conversation against your monthly allowance. Monthly conversation allowances do not roll over to the following month if unused. The AI Coach is provided as a supplementary educational tool and its responses do not constitute professional legal, medical, or financial advice.
6. Retainer Subscription Cancellations
Cancellation requests for monthly retainer subscriptions can be made via your Account Profile after logging in. Cancellations only take effect at the end of the current monthly billing period. For example, if your subscription renews on the 2nd of each month and you cancel on the 26th, you will retain access until the 2nd of the following month. Individual session cancellations must be made with at least 24 hours’ notice; late cancellations or no-shows may be charged in full.
7. Privacy & Data Protection (GDPR)
We are committed to protecting your personal data in accordance with EU Regulation 2016/679 (the General Data Protection Regulation, “GDPR”) and applicable Spanish data protection law (LOPDGDD).
We collect your name, email address, phone number, and any information you voluntarily share during sessions or via our website forms. This data is used solely to provide and improve our services and to communicate with you.
Under GDPR you have the right to access, rectify, erase, restrict, or port your personal data, and to object to its processing. To exercise any of these rights, contact us at contact@thedigitalresident.com. We will respond within 30 days.
Personal data is retained for the duration of our business relationship and for up to 3 years thereafter for legitimate business purposes. We do not sell or share your personal data with third parties, except where required by law or where you have given explicit consent (e.g. payment processing via Stripe).
8. Right of Withdrawal (EU Consumer Rights)
Under EU Directive 2011/83/EU on Consumer Rights, if you are a consumer resident in the European Union, you have the right to withdraw from a distance or off-premises contract within 14 calendar days without giving any reason (the “cooling-off period”).
To withdraw, notify us at contact@thedigitalresident.com before the 14-day period expires, clearly stating your intention to withdraw and your booking or subscription details. You will receive a full refund within 14 days of your withdrawal notice.
If you request that services begin within the 14-day cooling-off period, you acknowledge that your right of withdrawal may be limited to a pro-rata refund for any services not yet delivered at the time of withdrawal.
9. Limitation of Liability
To the maximum extent permitted by applicable law, The Digital Resident’s total liability to you shall not exceed the total fees paid by you in the 12 months prior to the claim arising. We are not liable for indirect, incidental, special, or consequential damages, including but not limited to: loss of data, loss of revenue, or damage caused by reliance on advice or guidance provided during sessions. We provide general technology coaching and are not responsible for decisions made based on information shared in our sessions. We are not liable for the performance, security, or availability of any third-party applications, platforms, or services referenced or demonstrated during our sessions. Nothing in these Terms limits our liability for fraud, personal injury caused by negligence, or any other liability that cannot be excluded by law.
10. Intellectual Property
All materials, guides, resources, and content created or provided by The Digital Resident — including session notes, handouts, and digital materials — remain our intellectual property unless otherwise agreed in writing. You are granted a personal, non-transferable, non-commercial licence to use these materials for your own learning purposes only. You may not reproduce, distribute, or share these materials publicly without our prior written consent. The content and design of thedigitalresident.com, including all text, graphics, and code, is owned by The Digital Resident and protected by applicable intellectual property laws.
11. Governing Law & Dispute Resolution
These Terms are governed by and construed in accordance with the laws of Spain, without prejudice to any mandatory consumer protection rights you hold as an EU resident. In the event of a dispute, we encourage you to contact us first at contact@thedigitalresident.com so that we may attempt to resolve the matter amicably. If a resolution cannot be reached, disputes shall be subject to the exclusive jurisdiction of the courts of Málaga, Spain. EU residents may also use the European Commission’s Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr.
12. Changes to These Terms
We reserve the right to update these Terms at any time. Where changes are material, we will notify active subscribers by email at least 14 days before the changes take effect. Continued use of our services after the effective date constitutes acceptance of the revised Terms. The current version of these Terms is always available at thedigitalresident.com/terms-general.html.
Contact
For any questions regarding these Terms, please contact us at:
The Digital Resident
Marbella, Costa del Sol, Málaga, Spain
contact@thedigitalresident.com
© 2025 The Digital Resident · These Terms were last updated in May 2025.