Our commitment to engineering excellence is matched by our dedication to transparent, fair, and professional business relationships.
Last Updated: May 27, 2026
1. Scope and Applicability
These conditions outline the scope of our business engagement and terms of contract validity:
1.1 Contractual Scope
These Terms and Conditions govern all contractual relationships between DatenStrom-3AG Solutions UG (haftungsbeschränkt) (hereinafter "Provider," "we," or "us") and clients (hereinafter "Client" or "you") for software development, application development, and related services.
1.2 Exclusive Application
These terms apply exclusively. Deviating, conflicting, or supplementary terms and conditions of the Client shall only become part of the contract if and to the extent we have expressly agreed to their validity in writing.
2. Services
We provide high-precision software engineering and digital advisory services:
2.1 Service Description
We provide custom software and application development services, including but not limited to:
Web and mobile application development
Website development and UI/UX design
Software consulting and system architecture
System integration and API development
Digital marketing and HR recruitment solutions
Maintenance, support, and QA testing
2.2 Service Specifications
The specific scope of services, deliverables, timelines, and pricing shall be defined in individual project agreements or statements of work, which form an integral part of these Terms and Conditions.
3. Contract Formation and Project Execution
The guidelines below describe contract execution workflows and operational guidelines:
3.1 Quotations and Offers
Our quotations are non-binding unless expressly designated as binding offers. A contract is concluded upon our written confirmation of the Client's order or upon commencement of service delivery.
3.2 Client Obligations
The Client shall provide timely requirements, designate a qualified contact person, provide access to systems/data, review deliverables, and ensure compliance with laws.
3.3 Change Requests
Changes to agreed specifications require written agreement and may result in adjustments to timeline and pricing. We will provide a written change order for approval.
4. Intellectual Property Rights
Our software engineering deliverables are governed by the following intellectual property protection guidelines:
4.1 Pre-existing IP
We retain all rights to our pre-existing IP (frameworks, tools, etc.).
4.2 Developed Work
Upon full payment, the Client receives the agreed-upon usage rights to custom-developed software. Unless otherwise agreed, we grant a non-exclusive, perpetual license for internal business purposes.
4.3 Third-party Components
Client agrees to comply with third-party license terms.
4.4 Retention Rights
We may retain copies for documentation and portfolio purposes.
5. Pricing and Payment
Payment models, billing schedules, and statutory taxation rules:
5.1 Pricing Models
Fixed-price, Time and materials, or Subscription-based models as outlined in project statements of work.
5.2 Invoicing
All client invoices are generated and securely issued via Zoho Books.
5.3 Payment Terms
Due within 14 days of receipt. Accepted payment options: Bank transfer, Stripe, or PayPal.
5.4 Late Payment
Statutory interest rate applies. We reserve the right to suspend active project services if balances remain overdue.
5.5 Taxes
All prices and service rates are quoted exclusive of statutory value-added tax (VAT), which shall be calculated where applicable.
6. Delivery and Acceptance
Operational workflows for acceptance testing and project shipments:
6.1 Delivery
Dates are estimates unless agreed as binding. We communicate adjustments and targets proactively.
6.2 Acceptance Testing
Client shall test within 10 business days. Deemed accepted if no written objection is received.
6.3 Force Majeure
We are not liable for project delivery delays or failure to perform duties due to causes beyond our reasonable control.
7. Warranty and Defects
Guarantees and correction workflows for custom developed software modules:
7.1 Warranty Period
12 months from acceptance for conformity of code features to project SOW specifications.
7.2 Notification
Defects must be reported in writing promptly, providing detailed descriptions of the encountered application behavior.
7.3 Remediation
Repair, replacement, or price reduction/termination options apply if remediation steps fail.
7.4 Exclusions
Unauthorized modifications, misconfigurations, or misuse by the Client or third parties are excluded.
8. Liability
Compensation ceilings and accountability limits under applicable German law:
8.1 Limitation of Liability
Unlimited for intentional misconduct/gross negligence. Limited to foreseeable damages for breach of cardinal duties. No liability for slight negligence except injury to life/body.
8.2 Maximum Liability
Max €100,000 per contract year for slight negligence.
8.3 Data Loss
No liability if preventable by client backups executed in accordance with professional industry standards.
8.4 Third-party Claims
Client indemnifies Provider against claims arising from provided content, designs, or technical specifications.
9. Confidentiality and Data Protection
Safeguarding sensitive commercial information and personal user privacy:
9.1 Confidentiality
Both parties agree to maintain confidentiality regarding commercial details, proprietary code files, and trade secrets.
9.2 Data Protection
We process personal data in accordance with GDPR and our Privacy Policy.
10. Contract Duration and Termination
Lifecycle rules, notices, and cancellation procedures:
10.1 Project Duration
Project contracts terminate upon completion. Client pays for all services rendered up to termination.
10.2 Subscription Termination
Subscription contracts require 30 days' notice.
10.3 Cause for Termination
Extraordinary termination for cause remains unaffected.
11. General Provisions
Governing rules, legal framework jurisdictions, and validity:
11.1 Written Form
Amendments must be in writing.
11.2 Severability
Invalid provisions replaced by valid ones closest to economic purpose.
11.3 Assignment
Requires consent.
11.4 Governing Law
Federal Republic of Germany (excluding CISG).
11.5 Jurisdiction
Berlin, Germany.
12. Contact Information
Reach out to our corporate office for inquiry and contract representation: