Terms and Conditions

These General Terms and Conditions (GTC) apply to all contracts for services between Viktor Hermann, trading as „Appiq-Solutions“ („contractor“, „we“), and the respective client („client“, „you“). Deviating terms of the client only become effective if we expressly agree to them in writing.

We provide software development and IT consulting services, in particular:

• development of cross-platform mobile apps (including Flutter)
• web development and platforms (including React/Next.js)
• MVP and prototype development
• AI systems, AI agents, bots and automation
• landing pages and custom software solutions
• technical consulting

The specific scope of services, timeline and remuneration result from the respective proposal or statement of work (SOW).

A binding contract is formed when the client accepts a written proposal or statement of work provided by us. Unless stated otherwise, proposals are non-binding. Acceptance may be given in text form (including by email).

The scope of services is defined in the accepted proposal or SOW. Subsequent change requests by the client may result in additional effort and an adjustment of remuneration and timeline. Changes require text form and the consent of both parties. We are entitled to decline change requests that are technically infeasible or outside our scope of expertise.

The client provides the information, materials and access required for service delivery in a timely and complete manner and names a contact person. The client warrants that it holds the necessary rights to the content provided. Delays due to a lack of cooperation are not attributable to us.

• Remuneration: the amount results from the accepted proposal or SOW. Unless stated otherwise, amounts are in euros (€) plus statutory VAT.
• Payment schedule: payment terms (e.g. deposit, milestone and final payments) are set out in the proposal or SOW.
• Late payment: in the event of late payment, the statutory default interest applies. Further claims remain unaffected.
• Expenses: reasonable, pre-agreed expenses (e.g. third-party services, licenses) are reimbursed separately.

Stated dates and periods are non-binding estimates unless expressly agreed as binding. Delays due to force majeure, insufficient cooperation by the client, or circumstances beyond our control extend the deadlines accordingly.

Upon full payment of the agreed remuneration, the contractor grants the client the rights of use required for the agreed purpose in the created work results. Until full payment, all rights remain with the contractor.

Rights to pre-existing components, libraries, frameworks and tools (including the Appiq Cognitive Engine) as well as to reusable know-how remain with the contractor; the client receives a simple, non-exclusive right of use to these within the scope of the delivered service.

We use AI-supported tools to deliver our services (including the Appiq Cognitive Engine and large language model services). The client consents to this use.

• The final review and approval of work results is always subject to human oversight.
• Confidential client data is not used to train public AI models without a legal basis; where available, we use options without training use.
• We align ourselves with the requirements of the EU AI Act.

We provide our services professionally and in accordance with the recognized state of the art. Statutory provisions apply to defects. Obvious defects must be reported in text form without undue delay, at the latest within 14 days of acceptance. We only assume a guarantee in the legal sense to the extent expressly agreed in writing.

• We are liable without limitation for intent and gross negligence and for damage arising from injury to life, body or health.
• For simple negligence, we are only liable in the event of a breach of a material contractual obligation (cardinal obligation) and limited in amount to the foreseeable damage typical for the contract.
• Otherwise, liability is excluded. Liability under the Product Liability Act remains unaffected.

Both parties treat the other party's confidential information as strictly confidential and use it solely for the performance of the contract. The processing of personal data is governed by our privacy policy. On request, we conclude a data processing agreement (DPA) pursuant to Art. 28 GDPR.

Project contracts end upon full performance and acceptance. The right to terminate for good cause remains unaffected for both parties. Services already rendered are to be remunerated on a pro rata basis in the event of termination. Terminations require text form.

• The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
• If the client is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is our place of business.
• If individual provisions are invalid, the validity of the remaining provisions remains unaffected.
• Amendments and additions to these GTC require text form.

The following additional terms apply to paid risk roadmaps within the project risk analysis offering:

• We deliver a plan (roadmap, risk register, time estimate) — not source code and not working software.
• Time forecasts are estimates, not guaranteed deadlines.
• We accept no liability for business decisions made based on the roadmap.
• The customer's repository is analyzed read-only and is never modified.
• Payment is by invoice after the paid engagement has been commissioned in writing.
• Portal access is valid for 12 months from commissioning.