Terms and Conditions
Last updated: February 2026
§ 1 Scope of Application
These General Terms and Conditions apply to all contracts between ByteNubes GmbH (hereinafter "Contractor") and its clients (hereinafter "Client") for consulting services in the field of Artificial Intelligence and process automation, unless expressly agreed otherwise.
Deviating, conflicting or supplementary terms and conditions of the Client shall only become part of the contract if and to the extent that the Contractor has expressly agreed to their validity.
§ 2 Subject Matter of Contract
The Contractor provides consulting services in the field of Artificial Intelligence and process automation for small and medium-sized businesses. The specific services are specified in the respective individual contract or offer.
Possible services include in particular:
- Analysis of existing business processes
- Identification of automation potential
- Design and planning of AI solutions
- Implementation of automation solutions
- Training and onboarding of employees
- Ongoing support and optimization
§ 3 Conclusion of Contract
Offers from the Contractor are non-binding and subject to change, unless they are expressly marked as binding.
A contract is concluded through written order confirmation by the Contractor or by commencement of service provision. For a free initial consultation, a contract for the consultation service is concluded with appointment confirmation.
§ 4 Service Provision
The Contractor provides services according to the current state of technology and the recognized rules of their field. The type and scope of services result from the respective offer or service description.
Dates and deadlines are only binding if they are expressly designated as "binding" or "fixed". In case of delays caused by the Client, the dates shall be postponed accordingly.
The Contractor is entitled to use qualified third parties (subcontractors) for service provision. The Contractor remains responsible to the Client.
§ 5 Remuneration
Remuneration is based on the individual offer. Unless otherwise agreed, billing is based on time and materials at the Contractor's current hourly or daily rates.
All prices are subject to the statutory value added tax at the rate applicable at the time of service provision.
Invoices are payable within 14 days of the invoice date without deduction, unless otherwise agreed.
Free Initial Consultation: The first consultation (initial meeting) is free of charge and serves mutual acquaintance and analysis of consulting needs.
§ 6 Client's Cooperation Obligations
The Client shall provide the Contractor with all information, documents, and access necessary for service provision in a timely and complete manner.
The Client shall designate a contact person who is available for queries and coordination and who is authorized to make decisions.
If the Client fails to meet cooperation obligations and this causes delays in service provision, the Contractor shall be released from their service obligations as long as cooperation is not provided.
§ 7 Warranty and Liability
The Contractor is liable for intent and gross negligence. In case of slight negligence, the Contractor is only liable for breach of a material contractual obligation (cardinal obligation) and only for the foreseeable, contract-typical damage.
Liability for indirect damages, particularly lost profits, is excluded in case of slight negligence.
The foregoing limitations of liability do not apply to damages arising from injury to life, body, or health or in case of fraudulent concealment of defects.
Liability under the Product Liability Act remains unaffected.
§ 8 Confidentiality
Both parties undertake to keep confidential all confidential information obtained in the course of cooperation and to use it only for the purposes of contract fulfillment.
The confidentiality obligation shall continue to apply after termination of the contractual relationship.
Excluded from confidentiality are information that is publicly known, was already known to the recipient, or was lawfully obtained from third parties.
§ 9 Intellectual Property and Rights of Use
Work results created as part of the consultation shall transfer to the Client's ownership upon full payment, unless otherwise agreed in individual cases.
The Contractor retains the right to use general methods, concepts, and know-how developed or used during the collaboration for other clients as well.
Copyrighted materials of the Contractor (e.g., presentations, templates) may only be used by the Client for internal purposes.
§ 10 Termination
Contracts for one-time services (projects) may be terminated by either party for good cause. Good cause exists particularly when continuation of the contractual relationship until the agreed end is unreasonable.
Continuing obligations may be terminated with 30 days' notice to the end of the month, unless otherwise agreed.
In case of early termination by the Client, the Contractor is entitled to compensation for services rendered up to termination and reimbursement of expenses incurred.
§ 11 Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction for all disputes arising from this contractual relationship is Munich, provided the Client is a merchant, legal entity under public law, or special fund under public law.
Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with an effective regulation that comes closest to the economic purpose of the invalid provision.
Amendments and additions to this contract require written form. This also applies to the amendment of this written form clause.