Terms of Service
Last updated: March 24, 2026
These Terms govern both the use of this Website and any freelance development services provided by Alexander Sadomsky (“the Operator”). For individual project engagements, a separate project agreement may be provided which takes precedence over these general Terms where applicable.
1. Scope & Definitions
These Terms of Service (“Terms”) govern the use of the website alexsdev.io (“the Website”) and any development, consulting, or infrastructure services (“Services”) provided by:
Alexander Sadomsky (Sole Proprietor)
c/o IP-Management #42121
Ludwig-Erhard-Str. 18, 20459 Hamburg, Germany
VAT ID: DE454774827
Email: [email protected]
“Client” refers to any individual or entity engaging the Operator for Services. “Deliverables” refers to all work products created as part of a project engagement. “Project Agreement” refers to any individual written agreement (proposal, quote, or contract) for a specific project.
By using this Website or engaging the Operator for Services, you agree to these Terms.
All development, consulting, and infrastructure services offered through this Website are directed exclusively at businesses, public institutions, and entrepreneurs within the meaning of §14 BGB (B2B). By engaging the Operator for paid Services, the Client confirms that they are acting in their capacity as a business or entrepreneur, not as a consumer within the meaning of §13 BGB.
2. Website Use
The Website serves as a portfolio and information platform. It provides:
- Information about available services (web development, server infrastructure, custom software, gaming development)
- Project showcases and case studies
- A blog with technical articles and tutorials
- Interactive demo features (e.g., the Backend Dashboard)
- A contact form for project inquiries
- Free online tools
Browsing the Website or submitting a contact inquiry does not create a binding contract for Services.
2.1 Digital Services & Online Tools
This Website may provide interactive digital services, including but not limited to:
- demonstration dashboards
- development tools
- API examples
- online utilities
- prototype interfaces
- educational or experimental features
These services are provided solely for demonstration, educational, or evaluation purposes. They are not intended for production use, business-critical operations, or storage of sensitive data.
Users should assume that any data entered into demo tools may be automatically deleted, reset, or overwritten at any time.
The Operator reserves the right to modify, limit, or discontinue such digital services without prior notice.
2.2 Demo Data & Simulation
Any dashboards, analytics panels, or backend interfaces presented on this Website may use simulated, anonymized, or randomly generated data.
Such systems are provided purely as demonstrations of interface design, development capabilities, or architectural concepts. They do not represent real client data, real systems, or real infrastructure environments.
2.3 Digital Service Disclaimer
All online tools, dashboards, demos, and interactive features available on this Website are provided “as is” and “as available”. The Operator makes no warranties regarding:
- uninterrupted availability
- error-free operation
- data persistence
- compatibility with specific devices or browsers
- suitability for production environments
The Operator shall not be liable for any damages resulting from the use, inability to use, or reliance on such digital services.
2.4 Data Storage & Security Notice
Users should not submit confidential information, credentials, personal data, or sensitive business information through demo tools or experimental features available on this Website.
Such systems may not implement full production-level security, logging, or encryption mechanisms. The Operator is not responsible for data entered voluntarily into demonstration environments.
2.5 Fair Use of Online Tools
The Operator may implement rate limiting, access restrictions, or automated abuse detection mechanisms to protect system stability.
Excessive automated requests, scraping, or attempts to bypass technical restrictions may result in temporary or permanent blocking of access.
2.6 Experimental Features
Certain tools or services provided on this Website may be experimental prototypes or proof-of-concept systems. Such features may change frequently, be discontinued without notice, or behave unpredictably. They are provided solely to demonstrate development capabilities.
3. User Obligations
When using this Website, you agree to:
- Use the Website only for lawful purposes
- Not attempt to gain unauthorized access to any part of the Website, server, or connected systems
- Not transmit malicious code, spam, or harmful content through any form or communication channel
- Not use automated tools (bots, scrapers) in a manner that degrades performance or availability
- Not misrepresent your identity when using the contact form
4. Contract Formation
A binding contract for Services is formed when:
- The Client submits a project inquiry and receives a written quotation or proposal from the Operator
- The Client accepts the quotation in writing (email confirmation is sufficient)
- Or when both parties sign a separate Project Agreement
Quotations are non-binding and valid for 14 days from the date of issue unless otherwise stated.
4.1 Taxes & VAT
All prices are quoted net of applicable taxes (excl. VAT) unless explicitly stated otherwise. As all Services are directed exclusively at businesses (B2B), prices do not include statutory VAT. Value Added Tax will be added to all invoices at the applicable rate (currently 19% in Germany).
- For EU business clients (B2B): Business clients within the European Union who provide a valid VAT identification number may be eligible for the reverse charge mechanism in accordance with Article 44 and Article 196 of Directive 2006/112/EC
- For non-EU clients: Clients located outside the European Union may be responsible for any local taxes, import duties, withholding taxes, or similar governmental charges applicable in their jurisdiction
The Client is responsible for ensuring compliance with their local tax obligations. The Operator does not provide tax advice.
5. Scope of Services & Deliverables
The scope of each project is defined in the respective quotation or Project Agreement. This typically includes:
- A description of the work to be performed
- Technical specifications and requirements
- Estimated timeline and milestones
- Number of included revision rounds
- Pricing and payment schedule
Change Requests
Any changes to the agreed scope (“Change Requests”) must be communicated in writing. The Operator will assess the impact on timeline and cost and provide an updated estimate. Work on Change Requests begins only after written approval from the Client. Significant scope changes may require a new quotation.
Revisions
Unless otherwise specified, each project includes up to two (2) rounds of revisions at no additional cost. Revisions must be within the originally agreed scope. Additional revisions or scope changes will be quoted separately.
6. Master Service Agreement
This Master Service Agreement governs ongoing service relationships between the Operator and the Client.
6.1 Statements of Work
Individual projects may be defined in separate Statements of Work (“SOW”) or Project Agreements. Each SOW may specify:
- Project scope and deliverables
- Technical specifications
- Timeline and milestones
- Pricing and payment schedule
The Statement of Work becomes part of this Agreement once accepted by both parties.
6.2 Relationship of the Parties
The Operator acts as an independent contractor. Nothing in this Agreement creates an employment, partnership, agency, or joint venture relationship between the parties.
6.3 Non-Exclusivity
The Operator is free to provide services to other clients, including competitors of the Client, unless otherwise agreed in writing.
6.4 Tools and Methods
The Operator may use development tools, frameworks, libraries, automation systems, and AI-assisted development tools as part of the service delivery process. The choice of tools and methods is at the Operator’s professional discretion, unless specific technologies are agreed upon in the Project Agreement.
6.5 Subcontractors
The Operator may engage subcontractors or specialized service providers where necessary to complete certain technical tasks, while remaining responsible for the overall delivery quality and contractual obligations.
7. Client Obligations
The Client agrees to:
- Provide all necessary materials, content, access credentials, and information in a timely manner
- Respond to questions and feedback requests within a reasonable timeframe (typically 5 business days)
- Ensure that all materials provided do not infringe third-party intellectual property rights
- Designate a single point of contact for project communication
- Review and approve Deliverables within the agreed timeline
Delays caused by the Client (e.g., late feedback, missing materials) may result in adjusted timelines and, in prolonged cases, additional charges to cover the administrative overhead of project resumption.
8. Timeline & Delivery
Estimated timelines are provided in good faith based on the information available at the time of the quotation. They are not binding deadlines unless explicitly agreed upon as fixed dates in writing.
The Operator will communicate any anticipated delays promptly. Delivery is considered complete when the Deliverables are made available to the Client (e.g., via repository access, file transfer, or deployment to the agreed hosting environment).
9. Pricing & Payment
9.1 Payment Structure
Unless otherwise agreed, the following payment structure applies:
- Projects under €500: Full payment upon completion, before final delivery of source files
- Projects €500 – €2,000: 50% upfront deposit, 50% upon completion
- Projects over €2,000: 30% upfront deposit, milestone-based payments, final payment upon completion
Specific payment schedules may be defined in individual Project Agreements.
9.2 Online Payments
Payments for services purchased through this Website may be processed via third-party payment providers including:
- Stripe (Stripe Payments Europe, Ltd.) — Credit/debit cards, SEPA direct debit. By paying via Stripe, you agree to Stripe’s Terms of Service.
- PayPal (PayPal (Europe) S.à r.l. et Cie, S.C.A.) — PayPal balance, linked bank account, credit/debit card via PayPal. By paying via PayPal, you agree to PayPal’s User Agreement.
- Bank Transfer — Direct transfer to our business bank account (details provided on invoice).
The Operator does not store or process payment card information. All payment data is processed directly by the respective payment provider. See our Privacy Policy for details on data handling.
9.3 Payment Confirmation
A project engagement or service order is considered confirmed once payment has been successfully processed and confirmed by the payment provider. The Operator will send a written confirmation (email) upon receipt of payment.
9.4 Fraud Prevention
The Operator reserves the right to delay or refuse service if a transaction is flagged as suspicious by the payment provider’s fraud detection systems. In such cases, the Operator may request additional verification before proceeding.
9.5 Invoicing
Invoices are issued electronically (PDF via email) and comply with German invoicing requirements (§14 UStG). All invoices include the applicable VAT where required. Clients within the EU (B2B) with a valid VAT ID may be eligible for reverse charge treatment under the EU reverse charge mechanism.
9.6 Late Payment
Invoices are due within 14 days of the invoice date unless otherwise agreed. In case of late payment, the Operator reserves the right to:
- charge late payment interest at the statutory rate (currently 5 percentage points above the base rate for consumers, 9 percentage points for businesses, per §288 BGB)
- suspend ongoing work until outstanding payments are settled
- withhold Deliverables and source code until full payment is received
9.7 Currency
All prices are quoted in Euros (€) unless otherwise agreed.
9.8 Payment Disputes & Chargebacks
The Client agrees to contact the Operator first to resolve any billing issues before initiating a payment dispute or chargeback through a payment provider.
Unauthorized chargebacks may result in:
- immediate suspension of service access
- revocation of repository or infrastructure access
- suspension of future service eligibility
The Operator reserves the right to provide project documentation, communication records, and delivery evidence to the payment provider to contest the dispute.
9.9 Refunds & Payment Processing Fees
Refund eligibility is governed by the cancellation policy described in Section 10 of these Terms.
Payment processing fees charged by payment providers (Stripe, PayPal) may be non-refundable, even in the event of a partial or full refund.
10. Cancellation & Refunds
10.1 Cancellation by the Client
The Client may cancel a project at any time by written notice. In case of cancellation:
- The Client is responsible for payment of all work completed up to the date of cancellation
- The upfront deposit is non-refundable, as it covers project setup, planning, and reservation of time
- Any Deliverables produced up to the cancellation date will be provided to the Client upon payment of outstanding amounts
10.2 Cancellation by the Operator
The Operator reserves the right to terminate a project if:
- the Client fails to provide required materials or feedback after repeated requests (30+ days of inactivity)
- the Client requests work that is illegal, unethical, or violates third-party rights
- payment obligations are not met within the agreed timeframe
In case of termination by the Operator due to Client breach, the deposit is non-refundable. In case of termination for reasons within the Operator’s control, a pro-rata refund for unperformed work will be issued.
10.3 No Consumer Right of Withdrawal
As all Services are offered exclusively to businesses (B2B), the statutory consumer right of withdrawal under the EU Consumer Rights Directive (§§312g, 355 BGB) does not apply. By engaging the Operator, the Client confirms their status as a business or entrepreneur (§14 BGB).
11. Intellectual Property & Licensing
11.1 Work Product
Upon full payment of all agreed fees, the Client receives full ownership and usage rights to the custom Deliverables created specifically for the project, including source code, designs, and documentation.
Until full payment is received, all rights to the Deliverables remain with the Operator (retention of title / Eigentumsvorbehalt, §449 BGB).
11.2 Pre-existing & Third-party Components
Projects may incorporate:
- Pre-existing code or frameworks owned by the Operator — licensed to the Client for use within the project scope
- Open-source components — subject to their respective licenses (MIT, Apache, GPL, etc.), which will be documented
- Third-party services or APIs — subject to the respective provider’s terms
11.3 Portfolio Usage
The Operator retains the right to display completed projects (or anonymized excerpts) in their portfolio, case studies, and marketing materials, unless the Client explicitly requests confidentiality in writing.
11.4 Website Content
All content on this Website (text, code, design, graphics, logos, animations) is the intellectual property of Alexander Sadomsky. Blog articles may be shared via link with attribution. Code snippets in blog posts may be used freely unless otherwise noted.
12. Warranty & Support
12.1 Bug Fix Support Period
The Operator will provide bug fixes for defects related to the original project scope for a period of 30 days after final delivery, at no additional cost. This applies to defects where the Deliverables do not substantially conform to the agreed specifications at the time of delivery.
Statutory warranty rights (Gewährleistung) under German law remain unaffected.
12.2 No Guaranteed Results
The Operator provides development, consulting, and infrastructure services based on the agreed specifications. However, the Operator does not guarantee specific business outcomes, performance metrics, search engine rankings, revenue results, user adoption, or approval by third-party platforms resulting from the use of the Deliverables.
12.3 Security Disclaimer
While the Operator follows reasonable industry practices for secure software development and infrastructure configuration, no system can be guaranteed to be completely free of vulnerabilities. The Operator does not warrant that Deliverables will be immune from security breaches, exploits, or malicious attacks.
Clients are responsible for implementing appropriate security practices, backups, monitoring, and system updates after delivery.
12.4 Exclusions
The bug fix support does not cover:
- issues caused by Client modifications to the Deliverables
- incompatibilities arising from third-party software updates
- hosting environment issues outside the Operator’s control
- feature requests or enhancements beyond the original scope
12.5 Ongoing Support & Response Times
After the bug fix support period, support, maintenance, and updates can be arranged under a separate support agreement at agreed-upon rates.
The Operator does not guarantee specific response times unless explicitly specified in a separate Service Level Agreement (SLA). General inquiries are typically responded to within 1–2 business days.
13. Limitation of Liability
To the fullest extent permitted by German law:
- The Operator’s total liability for any project is limited to the total fees paid by the Client for that specific project
- The Operator is not liable for indirect, incidental, consequential, or special damages, including lost profits, lost data, or business interruption
- The Operator is not liable for damages arising from the Client’s failure to maintain backups or implement recommended security measures
Liability for slight negligence (einfache Fahrlässigkeit) is excluded unless a material contractual obligation (wesentliche Vertragspflicht / Kardinalpflicht) has been violated. In such cases, liability is limited to foreseeable, typically occurring damages.
These limitations do not apply to damages arising from injury to life, body, or health, or from intentional or grossly negligent conduct (§§309 Nr. 7, 276 BGB).
14. Third-Party Dependencies
Projects may rely on third-party software, frameworks, APIs, hosting providers, cloud platforms, or other external services. The Operator has no control over the availability, policies, pricing, updates, or technical changes of such third-party providers.
The Operator shall not be liable for disruptions, incompatibilities, service interruptions, or functionality changes caused by third-party services.
15. Confidentiality
Both parties agree to treat all non-public information exchanged during the project as confidential. This includes but is not limited to:
- business strategies, processes, and internal data
- access credentials and API keys
- project specifications and technical details
- financial terms and pricing
Confidentiality obligations survive the termination of the project for a period of 2 years, unless the information becomes publicly available through no fault of the receiving party.
16. Indemnification
The Client agrees to indemnify and hold the Operator harmless from any claims, damages, or expenses arising from:
- materials, content, or data provided by the Client that infringe third-party rights
- the Client’s use of Deliverables in a manner not authorized or beyond the agreed scope
- the Client’s failure to comply with applicable laws in their jurisdiction
The Operator does not warrant that Deliverables will be free from third-party intellectual property claims if the Client provides materials, specifications, or instructions that incorporate such elements.
17. Acceptable Use of Deliverables
The Client agrees that Deliverables provided by the Operator will not be used for illegal activities or activities that violate applicable laws or third-party rights. Prohibited uses include, but are not limited to:
- malware development or distribution
- fraudulent systems or scam infrastructure
- unauthorized access or hacking tools
- distribution of copyrighted material without permission
- systems intended to exploit third-party platforms or services unlawfully
The Operator reserves the right to terminate cooperation immediately if such activities are identified.
18. Infrastructure & Repository Access
Where Deliverables are provided through repositories, cloud environments, or infrastructure managed by the Operator (e.g., GitHub repositories, servers, deployment environments), access will be granted as part of the project.
The Operator reserves the right to temporarily suspend or revoke such access if:
- payment obligations are not fulfilled
- contractual obligations are breached
- a payment dispute or chargeback is initiated
Access will be restored once the matter has been resolved.
19. Orders via Fiverr
Projects ordered through Fiverr are additionally subject to Fiverr’s Terms of Service.
Where Fiverr policies or dispute procedures apply, Fiverr’s platform rules take precedence over these Terms.
Payment processing, refunds, and dispute resolution for Fiverr orders are governed by Fiverr’s platform policies.
The Operator reserves the right to decline project continuation outside Fiverr if Fiverr platform rules prohibit direct engagement.
20. Backup Responsibility
The Client is responsible for maintaining backups of all systems, data, and infrastructure. The Operator shall not be liable for data loss resulting from server failure, software malfunction, or external incidents.
The Operator shall not be responsible for loss of data, system outages, or configuration issues occurring after project delivery, unless a separate maintenance or support agreement is in effect.
Where the Operator manages hosting or infrastructure as part of a project, backup arrangements will be specified in the respective Project Agreement or Statement of Work.
21. Platform Compliance
The Client is responsible for ensuring that the use of Deliverables complies with the terms and policies of third-party platforms used by the Client (e.g., hosting providers, marketplaces, game platforms, app stores).
The Operator shall not be liable for suspensions, restrictions, or penalties imposed by such platforms as a result of the Client’s use of Deliverables.
22. Force Majeure
Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including but not limited to natural disasters, pandemics, government actions, cyberattacks, internet outages, or third-party service failures. The affected party shall notify the other promptly and make reasonable efforts to resume performance.
22.1 Third-Party Service Interruptions
The Operator shall not be liable for service interruptions, delays, or failures caused by third-party providers including but not limited to:
- payment providers (Stripe, PayPal)
- hosting providers or cloud platforms
- domain registrars
- external APIs or infrastructure services
- internet service outages
23. Data Protection
The processing of personal data is governed by our Privacy Policy and the Cookie Policy. When processing Client data as part of a project (e.g., setting up databases, handling user data), the Operator acts as a data processor on behalf of the Client. A separate Data Processing Agreement (DPA) will be provided where required under Art. 28 GDPR.
This Website uses a self-hosted, cookie-free analytics system that collects pseudonymized pageview data including approximate geographic location (country and city) derived from your IP address via a locally hosted GeoIP database. Your full IP address is not stored. If your browser sends the Do-Not-Track (DNT) header, no analytics data is collected. For full details, see Section 12 of the Privacy Policy.
24. Availability
The Website and any online tools or demo systems are provided on an “as available” basis. The Operator does not guarantee uninterrupted availability, response times, or uptime of demo services unless explicitly defined in a separate service agreement.
25. External Links
This Website contains links to third-party websites (e.g., Fiverr, Stripe, GitHub). We have no control over their content and accept no responsibility for them.
26. Platform & Trademark Disclaimer
This Website and the services provided by the Operator may reference or support third-party software platforms, games, engines, or development ecosystems, including but not limited to:
- FiveM
- Grand Theft Auto V (GTA V)
- Rockstar Games
- Minecraft
- Mojang Studios
- Microsoft
- Other game engines or development platforms
All product names, trademarks, logos, and registered trademarks are the property of their respective owners.
The Operator is not affiliated with, endorsed by, sponsored by, or officially connected with any of the aforementioned companies unless explicitly stated otherwise.
Any references to such platforms are made solely for the purpose of describing compatibility, development services, modding support, or technical integration. The Operator provides independent development services and tools that interact with or extend publicly available platforms and APIs.
26.1 Rockstar Games Disclaimer
References to Grand Theft Auto, GTA V, FiveM, or Rockstar Games are used strictly for descriptive purposes. Rockstar Games, Grand Theft Auto, and related marks are trademarks or registered trademarks of Take-Two Interactive Software, Inc. The Operator is an independent developer and is not affiliated with Rockstar Games, Take-Two Interactive, or the FiveM development team.
26.2 Minecraft Disclaimer
Minecraft is a trademark of Mojang Studios and Microsoft Corporation. The Operator is not affiliated with, endorsed by, or associated with Mojang Studios or Microsoft.
27. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the economic intent of the original provision.
28. Modifications
The Operator reserves the right to modify these Terms at any time. Changes will be posted on this page with an updated revision date. For existing project engagements, the Terms in effect at the time of contract formation apply unless both parties agree to updated Terms.
29. Governing Law & Jurisdiction
These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for all disputes arising from business relationships (B2B) is Hamburg, Germany, to the extent permitted by law. For consumer contracts, mandatory consumer protection provisions of the consumer’s country of habitual residence remain unaffected.
30. Dispute Resolution
In the event of a dispute, both parties agree to attempt amicable resolution before pursuing legal action. The European Commission provides an Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/. The Operator is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
31. Export Compliance
The Client agrees to comply with all applicable export control laws and sanctions regulations. Deliverables may not be used, exported, or transferred in violation of applicable export laws or international sanctions.
32. Electronic Communication
The parties agree that communication via email or other electronic communication channels may constitute legally binding agreement where applicable. Project confirmations, approvals, change requests, and contractual acceptances may be exchanged electronically.
33. AI-Assisted Development
The Operator may use AI-assisted development tools and software automation as part of the development workflow where appropriate. The Operator remains responsible for the final integration, review, and quality assurance of all Deliverables.
34. alexsdev.io Club (Gamification Program)
34.1 Program Description
The alexsdev.io Club is a voluntary, free-of-charge loyalty program that allows users to collect “Data Points” through various interactions with the Website, such as daily visits, reading blog or wiki articles, subscribing to the newsletter, or submitting contact inquiries. Participation is entirely optional.
34.2 Earning & Redeeming Points
Data Points are awarded automatically based on qualifying interactions. To save and manage accumulated points, users must subscribe to the alexsdev.io newsletter (double opt-in). Points collected prior to newsletter subscription are automatically linked to the member account upon confirmation.
Accumulated Data Points may entitle members to percentage-based discounts on future service orders placed through alexsdev.io, according to the discount tiers published on the Club page. Discount tiers and point values may change at any time.
34.3 No Monetary Value
Data Points have no monetary value, cannot be exchanged for cash, and are not transferable between accounts. Points cannot be purchased, sold, or traded.
34.4 Program Changes & Termination
The Operator reserves the right to modify, suspend, or discontinue the Club program at any time without prior notice. This includes the right to change point values, discount tiers, qualifying actions, and program rules. In case of program termination, members will be notified and given a reasonable period to redeem any accumulated discounts.
34.5 Abuse & Disqualification
Any attempt to manipulate, exploit, or abuse the points system — including but not limited to the use of bots, automated scripts, fake accounts, or other deceptive means — may result in immediate disqualification from the program, forfeiture of all accumulated points, and potential restriction of access to the Website.
35. Entire Agreement
These Terms, together with any Project Agreement, quotation, or written proposal, constitute the entire agreement between the parties concerning the subject matter and supersede all prior agreements, negotiations, or understandings.
36. Contact
For questions about these Terms or to discuss a project, please contact:
[email protected]
37. Special Terms: alexsdev Sync
These terms apply in addition to the use of the “alexsdev Sync” software service, which lets the client deliver content one-way from a central source to its employees' devices. They prevail over the general provisions where they conflict.
37.1 Target audience (B2B)
alexsdev Sync is intended exclusively for businesses (B2B). All prices are net and exclusive of statutory VAT where applicable.
37.2 Licence & seats
The client receives a simple, non-transferable licence limited to the contract term. The number of concurrently active employee access keys (seats) is limited to the quota stated in the respective plan. Each access is intended for one person/device; sharing access keys with third parties is prohibited. The client is responsible for managing and revoking its employees' access.
37.3 Operation & client content
alexsdev Sync operates one-way (provider → end user). The client is solely responsible for the lawfulness of the content it uploads or provides from a GitHub repository (in particular copyright, trademark and data protection law) and indemnifies the provider against third-party claims arising from such content.
37.4 IMPORTANT: Overwriting files / data loss
The client software overwrites and removes managed files in the target folder to match the source. A local backup is created before each change; personal, non-managed files are not altered. The user must nevertheless not store its own working data as managed files and must maintain independent backups.
37.5 Availability
The service is provided “as available”. A specific availability is only assured where expressly agreed (e.g. in a separate SLA). During the phase marked as Beta, scope and availability may be limited.
37.6 Data protection / processing
Where the client processes personal data, the client is the controller and the provider is the processor. The Data Processing Agreement (DPA) under Art. 28 GDPR applies; details are set out in the Privacy Policy.
37.7 Warranty & liability
The provider is liable without limitation for intent and gross negligence as well as for injury to life, body or health and under the Product Liability Act. For ordinary negligence the provider is liable only for breach of a material contractual obligation (cardinal obligation) and limited to the foreseeable damage typical for the contract. Liability for data loss is limited to the effort that would have been required for recovery had the user maintained proper, regular backups. Otherwise liability is excluded to the extent legally permitted.
37.8 Term & termination
The licence ends upon deactivation of the access keys or termination of the contract. After the contract ends, the client's content is deleted.