General Terms and Conditions

§ 1 Scope

(1) These General Terms and Conditions (hereinafter „T&C“) apply to all consulting, training and implementation services provided by mysoftwarelab GmbH, Am See 22, 67547 Worms (hereinafter „Contractor“) to entrepreneurs within the meaning of § 14 BGB (hereinafter „Customer“).

(2) Deviating, conflicting or supplementary terms and conditions of the Customer shall only become part of the contract if the Contractor has expressly agreed to their validity in writing.

(3) Consumers within the meaning of § 13 BGB are excluded from accepting contracts.

§ 2 Conclusion of contract

(1) Offers calculated in the online wizard are non-binding and do not constitute a binding contractual offer by the Contractor.

(2) By clicking „Accept offer“ on the offer page or by signing a written consulting agreement, the Customer submits a binding offer to conclude the contract. The contract is concluded upon order confirmation or commencement of performance by the Contractor.

§ 3 Scope of services

(1) The specific scope of services results from the individual offer or order confirmation. mysoftwarelab GmbH provides consulting and implementation services in the fields of artificial intelligence, process automation and digitalisation.

(2) The Contractor owes an activity in the sense of a service contract (§§ 611 ff. BGB), not a specific economic outcome. In particular, the savings and funding potentials shown in the AI potential check represent non-binding estimates.

(3) The Contractor is entitled to engage qualified subcontractors to perform the services.

§ 4 Customer's obligations to cooperate

(1) The Customer shall provide all information, data and access required for the performance of the services in a timely manner and shall designate a binding contact person.

(2) Delays resulting from insufficient cooperation shall not be at the Contractor's expense.

§ 5 Remuneration and payment terms

(1) Remuneration is based on the individual offer. All prices are net plus the applicable statutory VAT.

(2) For the AI Potential Check (one-off engagement with fixed price), the full order value becomes due upon conclusion of the contract and is payable immediately without deduction, at the latest before the start of service delivery (project start).

(3) For package contracts with monthly remuneration, the first month's invoice is issued upon conclusion of the contract and is payable immediately without deduction, at the latest before project start. Subsequent months are charged in advance at the beginning of each month (due within 14 days). With annual prepayment, the full annual amount is due upon conclusion of the contract and payable immediately without deduction, at the latest before project start.

(4) In the event of default, the Contractor is entitled to charge default interest at the statutory rate (§ 288 BGB).

§ 6 BAFA funding

(1) The Contractor is listed in the BAFA consultant directory (consultant ID #213652) and supports the Customer with the application under the funding directive „Promotion of entrepreneurial know-how“.

(2) The funding application must be submitted by the Customer independently to BAFA before the contract begins. A binding funding commitment is issued exclusively by BAFA. The Contractor assumes no liability for the approval of the grant.

(3) If BAFA denies the grant, the Contractor's remuneration claim remains in full.

§ 7 Term and termination

(1) The AI potential check is performed as a single engagement and ends with completion of the consulting service.

(2) Package contracts have a minimum term as set out in the individual offer (AI Starter: 6 months; AI Partner and AI Transformation: 12 months) and automatically renew for further twelve-month periods unless terminated to the end of the term. The notice period is three months for AI Partner and AI Transformation, and one month for AI Starter, in each case to the end of the then-current term. The right to extraordinary termination for good cause remains unaffected.

§ 8 Liability

(1) The Contractor is liable without limitation for damage arising from injury to life, body or health and for damage based on intent or gross negligence.

(2) In the case of slightly negligent breach of essential contractual obligations („cardinal obligations“), liability is limited in amount to the foreseeable damage typical for the contract, but not exceeding the order volume.

(3) Otherwise, liability — including for consequential damages and lost profits — is excluded.

§ 9 Confidentiality

Both parties undertake to treat as confidential all confidential information, trade and business secrets of the other party obtained in the course of the collaboration. This obligation continues to apply after the end of the contract.

§ 10 Rights of use

Upon full payment, the Customer receives a simple, non-transferable right to use the concepts, documents and software configurations created during the consulting for internal purposes. The Contractor retains the right to use the know-how acquired for further projects.

§ 11 Data protection

The processing of personal data is carried out in accordance with the privacy policy. For data processing on behalf, a separate agreement pursuant to Art. 28 GDPR will be concluded at the Customer's request.Privacy Policy

§ 12 Final provisions

(1) The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) Place of performance and exclusive place of jurisdiction for all disputes arising from this contract is Worms, provided the Customer is a merchant, legal entity under public law or special fund under public law.

(3) Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.