Terms and conditions

§ 1 Scope

(1) These terms apply to all contracts between Deniz Erginos, Minty Software, Hauptstr. 37, 76872 Steinweiler ("Minty Software") and its clients for consulting, software development, apps, websites, AI solutions and related services.

(2) Minty Software works exclusively for businesses within the meaning of § 14 BGB, legal entities under public law and special funds under public law. Minty Software does not enter into contracts with consumers.

(3) Conflicting terms of the client apply only if Minty Software expressly agrees to them in text form.

(4) Individual agreements, in particular in the quote, take precedence over these terms.

§ 2 Conclusion of contract

(1) The first call and the quote are free and without obligation.

(2) A contract is concluded when the client accepts a quote from Minty Software in text form, for example by email. A quote is valid for 30 days unless it states otherwise.

§ 3 Scope of services

(1) The type and scope of services follow from the quote. Services not named there are not owed.

(2) The parties agree changes and extensions in text form. They may change the fee and the timeline.

(3) Minty Software may engage suitable subcontractors and use third-party services, for example for hosting or AI models. Minty Software remains responsible for its own work.

(4) Times in the quote are estimates. Dates are binding only if expressly agreed as binding. Missing cooperation by the client or force majeure extends deadlines reasonably.

§ 4 AI Check

(1) The AI Check is an analysis and consulting service. It consists of a workshop and a written roadmap. Implementation is not included.

(2) The fee is €490. If the client orders an implementation project from Minty Software within three months of receiving the roadmap, the fee is fully credited against that project.

(3) The roadmap contains professional assessments. No specific economic result is owed.

§ 5 Client cooperation

(1) The client provides the necessary information, content, access and test data in time, names a contact person and reviews interim results promptly.

(2) The client ensures that it may use the content and data it provides and that their use does not infringe third-party rights.

§ 6 Fees and payment

(1) The prices in the quote apply. A fixed price covers the scope described in the quote.

(2) As a small business under § 19 UStG, Minty Software charges no VAT.

(3) Unless the quote states otherwise, invoices are due without deduction within 14 days of receipt. Instalments follow the quote.

(4) The client bears the costs of third-party services, such as hosting, AI usage or app store fees, unless the quote provides otherwise.

§ 7 Acceptance

(1) The client accepts work results that essentially conform to the contract. Minor defects do not entitle the client to refuse acceptance.

(2) The work is deemed accepted if Minty Software has set the client a reasonable deadline for acceptance after completion and the client does not refuse acceptance within that deadline, naming at least one defect (§ 640(2) BGB).

§ 8 Rights of use

(1) Upon full payment, the client receives a simple, non-exclusive right to use the work results created for it, unlimited in time and territory, for the purposes set out in the contract. Further rights, such as exclusive rights or handover of source code, exist only if the quote expressly provides for them.

(2) Rights to pre-existing components, libraries, tools and general know-how that Minty Software developed independently of the order or uses across projects remain with Minty Software. The client may use them as part of the work results.

(3) Open source components are subject to their respective licences.

(4) Until full payment, use is permitted only on a revocable basis.

§ 9 AI and third-party services

(1) AI systems produce probability-based results that can be wrong. Minty Software sets up solutions as described in the quote but does not owe error-free AI results. The client checks results before using them for decisions with legal or economic effect.

(2) Third-party services are subject to their own terms. Minty Software is not responsible for their availability or for changes to their prices or features, unless Minty Software is at fault.

(3) The client is responsible for the lawful use of the solutions in its business, in particular for information duties towards its customers and employees.

§ 10 Defects

(1) Minty Software remedies defects at its choice by repair or new production. The client reports defects in text form with a comprehensible description.

(2) Claims for defects become time-barred twelve months after acceptance. This does not apply in case of fraudulent intent or to damage claims under § 11(1).

(3) There is no defect where an error results from changes by the client or third parties, from an operating environment not agreed upon or from changes to third-party services.

§ 11 Liability

(1) Minty Software is liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent of any guarantee given.

(2) In case of slight negligence, Minty Software is liable only for breach of an essential contractual obligation, meaning an obligation whose fulfilment makes proper performance of the contract possible and on whose observance the client may regularly rely. Liability is then limited to the typical, foreseeable damage.

(3) Otherwise, liability is excluded.

(4) For loss of data, Minty Software is liable only for the effort that restoration would have required had the client backed up its data regularly and appropriately to the risk.

§ 12 Operation and maintenance

The parties agree hosting, maintenance and support separately. Content, fees and term follow from the quote. Unless agreed otherwise, either party may terminate ongoing services in text form with one month’s notice to the end of a month.

§ 13 Confidentiality and data protection

(1) Both parties keep the other party’s confidential information confidential, including after the contract ends.

(2) Where Minty Software processes personal data on the client’s behalf, the parties conclude a data processing agreement under Art. 28 GDPR.

§ 14 References

Minty Software names the client or shows work results as a reference only with the client’s prior consent.

§ 15 Final provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The place of performance is the registered place of business of Minty Software. To the extent legally permitted, it is also the place of jurisdiction.

(3) If a provision of these terms is invalid, the rest of the contract remains valid.