Last Updated: January 24, 2026
These Terms and Conditions govern all contractual relationships between DatenStrom-3AG Solutions UG (haftungsbeschränkt) (hereinafter "Provider," "we," or "us") and clients (hereinafter "Client" or "you") for software development, application development, and related services.
These terms apply exclusively. Deviating, conflicting, or supplementary terms and conditions of the Client shall only become part of the contract if and to the extent we have expressly agreed to their validity in writing.
We provide custom software and application development services, including but not limited to:
The specific scope of services, deliverables, timelines, and pricing shall be defined in individual project agreements or statements of work, which form an integral part of these Terms and Conditions.
3.1 Quotations and Offers: Our quotations are non-binding unless expressly designated as binding offers. A contract is concluded upon our written confirmation of the Client's order or upon commencement of service delivery.
3.2 Client Obligations: The Client shall provide timely requirements, designate a qualified contact person, provide access to systems/data, review deliverables, and ensure compliance with laws.
3.3 Change Requests: Changes to agreed specifications require written agreement and may result in adjustments to timeline and pricing. We will provide a written change order for approval.
4.1 Pre-existing IP: We retain all rights to our pre-existing IP (frameworks, tools, etc.).
4.2 Developed Work: Upon full payment, the Client receives the agreed-upon usage rights to custom-developed software. Unless otherwise agreed, we grant a non-exclusive, perpetual license for internal business purposes.
4.3 Third-party Components: Client agrees to comply with third-party license terms.
4.4 Retention Rights: We may retain copies for documentation and portfolio purposes.
5.1 Pricing Models: Fixed-price, Time and materials, or Subscription-based.
5.2 Invoicing: Issued via Zoho Books.
5.3 Payment Terms: Due within 14 days. Methods: Bank transfer, Stripe, PayPal.
5.4 Late Payment: Statutory interest rate applies. Right to suspend services.
5.5 Taxes: Prices exclusive of VAT.
6.1 Delivery: Dates are estimates unless agreed as binding.
6.2 Acceptance Testing: Client shall test within 10 business days. Deemed accepted if no objection.
6.3 Force Majeure: Not liable for delays beyond reasonable control.
7.1 Warranty Period: 12 months from acceptance for conformity to specifications.
7.2 Notification: Defects must be reported in writing promptly.
7.3 Remediation: Repair, replacement, or price reduction/termination if remediation fails.
7.4 Exclusions: Unauthorized modifications, misuse, etc. excluded.
8.1 Limitation: Unlimited for intentional misconduct/gross negligence. Limited to foreseeable damages for breach of cardinal duties. No liability for slight negligence except injury to life/body.
8.2 Maximum Liability: Max €100,000 per contract year for slight negligence.
8.3 Data Loss: No liability if preventable by client backups.
8.4 Third-party Claims: Client indemnifies Provider against claims from provided content.
Both parties agree to maintain confidentiality. We process personal data in accordance with GDPR and our Privacy Policy.
Project contracts terminate upon completion. Subscription contracts require 30 days' notice. Extraordinary termination for cause allowed. Client pays for services rendered up to termination.
11.1 Written Form: Amendments must be in writing.
11.2 Severability: Invalid provisions replaced by valid ones closest to economic purpose.
11.3 Assignment: Requires consent.
11.4 Governing Law: Federal Republic of Germany (excluding CISG).
11.5 Jurisdiction: Berlin, Germany.
DatenStrom-3AG Solutions UG (haftungsbeschränkt)
Kolonnenstraße 8, 10827 Berlin, Germany
Email: info@datenstrom-3ag.com
Managing Director: Arjhun Mohanarangam
Company Registration: HRB 262179 B