Terms of Service

These Terms of Service (hereinafter "Terms") apply to all business relationships between ArkeonTech, Owner Michael Kaiser, Röderholzweg 2, 73434 Aalen, Germany (hereinafter "Provider", "we" or "us") and our customers (hereinafter "Customer" or "you").

These Terms apply exclusively. Deviating, conflicting or supplementary terms of the Customer will not become part of the contract unless we have expressly agreed to their validity in writing.

These Terms also apply to all future business relationships, even if they are not expressly agreed upon again.

We offer the following main services:

a) Development and provision of AI agents for sales, customer service and automation
b) Consulting services in the field of artificial intelligence and business process optimization
c) Implementation and integration of AI solutions into existing systems
d) Maintenance and support for provided AI systems

The specific scope of services, prices and deadlines are defined in individual offers or contracts. These take precedence over these Terms to the extent they deviate from them.

The Customer is responsible for ensuring that the technical requirements for using our services are met. We are happy to advise the Customer on this as part of our consulting services.

A contract is concluded by our written order confirmation or by commencement of service provision. Offers on our website and in our documents are subject to change and non-binding.

Obvious errors in offers, in particular typographical and calculation errors, entitle us to rescission. In such cases, we will inform the Customer immediately.

All prices are net prices plus statutory VAT, unless expressly stated otherwise. Prices apply only to the respective order and are not to be understood as a basis for follow-up orders.

Invoices are due for payment within 14 days of invoicing without deduction, unless individually agreed otherwise. In case of default in payment, default interest will be charged at the statutory rate (§ 288 BGB): 9 percentage points above the base rate for transactions between businesses.

The Customer may only set off against undisputed or legally established claims. A right of retention may only be asserted if the counterclaim is based on the same contractual relationship.

The Customer undertakes to:

a) Provide all necessary information and documents in a timely and complete manner
b) Designate contact persons and ensure their accessibility
c) Create the necessary technical prerequisites
d) Cooperate appropriately during the testing phase and implementation
e) Accept delivered services within the agreed timeframe

Delays due to unfulfilled cooperation obligations are at the Customer's expense. Additional costs arising from delayed or incomplete cooperation may be invoiced to the Customer.

All rights to AI systems, algorithms, source codes, concepts and documentation developed by us remain with us, unless individually agreed otherwise. The Customer is granted a simple, non-transferable right of use for the agreed purpose.

The Customer warrants that they have all necessary rights to the data provided by them and that their use does not violate any third-party rights. The Customer shall indemnify us against any third-party claims resulting from a breach of this warranty.

Both parties undertake to keep confidential information of the other party secret and to use it only for contract fulfillment. This obligation continues to apply after the termination of the contractual relationship.

We warrant that our services correspond to the agreed standard at the time of provision. The warranty period is 12 months from acceptance of the service.

In case of defects, we first have the right to subsequent performance within a reasonable period. If subsequent performance fails after two attempts, the Customer may, at their choice, demand reduction or withdraw from the contract.

Warranty claims do not exist for:

a) Improper use or unauthorized modifications by the Customer
b) Normal wear and tear or compatibility issues with third-party software
c) Defects due to incorrect or incomplete information from the Customer
d) Force majeure or circumstances beyond our control

We are liable without limitation for damages from injury to life, body or health, for damages from intentional or grossly negligent breaches of duty, and in cases of mandatory statutory liability (e.g. under the Product Liability Act).

For other damages from slightly negligent breaches of duty, we are only liable for breach of essential contractual obligations (cardinal obligations) and limited in amount to the foreseeable, contract-typical damage, but at most to the amount of the respective order sum.

Liability for indirect damages, lost profits and consequential damages is excluded to the extent legally permissible.

These liability limitations also apply to our vicarious agents and employees.

The processing of personal data is carried out in accordance with our Privacy Policy and the legal provisions of the GDPR and the German Federal Data Protection Act (BDSG).

Where we process personal data of the Customer on behalf as part of service provision, the parties shall conclude a separate data processing agreement in accordance with Art. 28 GDPR.

Continuing obligations may be terminated by either party with three months' notice to the end of a calendar month, unless individually agreed otherwise.

The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in case of:

a) Material breach of contractual obligations despite formal warning
b) Payment default of more than two months despite reminder
c) Opening of insolvency proceedings over the assets of a contracting party or rejection for lack of assets

Termination requires text form (email is sufficient).

German law applies to all legal relationships arising from this contractual relationship, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for all disputes arising from this contractual relationship is Aalen, Germany, provided the Customer is a merchant, a legal entity under public law or a special fund under public law.

Should individual provisions of these Terms be or become invalid, this does not affect the validity of the remaining provisions. The invalid provision is to be replaced by a valid one that comes as close as possible to the economic purpose of the invalid provision.

Amendments and additions to these Terms require text form for their validity. This also applies to the amendment of this text form clause.

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

For questions about these Terms, please contact:

ArkeonTech
Owner: Michael Kaiser
Röderholzweg 2
73434 Aalen
Germany

Email: [email protected]
Phone: +49 176 45672087