Terms of Service

Part I – General Provisions

§1 Scope

1. These General Terms and Conditions (GTC) apply to all contracts between you, the customer, and us, Iridium Works GmbH, whenever you use our services, which particularly include:
   • Design and development of websites
   • Development and programming of software and mobile applications
   • Provision of consulting services
2. Booking and use of our services require that you act as a business customer within the meaning of § 14 of the German Civil Code (BGB) and use the services as part of your commercial or self-employed professional activity.
3. Individual agreements made with the customer as part of a contract take precedence over these GTC. The version valid at the time of service usage shall apply.
4. We do not recognize any deviating terms and conditions of the customer unless we have expressly agreed to their validity.

§2 Subject of the Contract

1. We offer, among other things, the programming of websites and mobile applications as well as consulting services. Specific service descriptions can be found in the respective offers.
2. Services are provided based on the customer's specific requirements. However, we do not guarantee the success of the software or consulting services.

§3 Conclusion of Contract

1. The presentation of our services on our website or in advertising materials does not constitute a binding offer.
2. A contract is concluded when the customer accepts the offer, which may occur orally, in writing, or in text form. If accepted orally, we will confirm the acceptance in writing within one business day.
3. We reserve the right to decline orders, particularly if technical implementation is not feasible.
4. Fixed-price contracts cannot be terminated early by the customer without written notice (email is sufficient). In case of termination within 14 days after signing the contract, we reserve the right to invoice for completed workdays at a daily rate of €1,000.00 plus VAT, with a minimum charge of 25% of the total contract value.
   After 14 days, at least 50% of the agreed offer value will be invoiced, plus—if the project is planned to last longer than 3 months—the proportionate remaining sum for the current month of termination and the following month.

§4 Prices and Payment Terms

1. All prices are net prices and subject to statutory VAT.
2. Payment, especially of agreed deposits, is due upon invoicing and prior to the commencement of service delivery, unless otherwise agreed.

§5 Customer Cooperation Obligations

1. The customer is obliged to cooperate, in particular by providing all necessary information and materials required for service delivery.
2. Delays resulting from failure to fulfill cooperation obligations are not our responsibility.

§6 Warranty and Liability

1. The customer’s claims for defects require that they have fulfilled their inspection and notification obligations in accordance with § 377 of the German Commercial Code (HGB).
2. In the case of legitimate defects, we may, at our discretion, provide rectification or replacement. If the defect rectification fails, the customer may demand a reduction in price or, in part, a reversal of the contract.
3. We are liable only for damages caused intentionally or by gross negligence. This does not apply to guaranteed characteristics, injury to life, body or health, or in cases governed by the Product Liability Act.

§7 Final Provisions

1. German law applies. Place of jurisdiction is Koblenz.
2. Amendments and supplements to these GTC must be made in writing. This also applies to the waiver of this written form requirement.
3. If any provision of these GTC is or becomes invalid, the validity of the remaining provisions remains unaffected.

Part II – SaaS Offerings by Iridium Works GmbH

General Terms and Conditions for SaaS Solutions of Iridium Works GmbH

§1 Scope and Subject of the Contract

1. These terms apply to all contracts for the use of SaaS solutions (Software-as-a-Service) between Iridium Works GmbH and the customer (both private and commercial).
2. Specific terms for each SaaS product are shown on the corresponding product websites and apply in addition to these GTC unless expressly stated otherwise.

§2 Scope of Services and Availability

1. Iridium Works GmbH provides SaaS products accessible via the internet. We guarantee 95% monthly availability of these services.
2. Services are billed via our payment provider Stripe in advance, or via app stores offering the product. Details are available on the product pages and payment portal.

§3 Contract Duration and Termination

1. SaaS contracts have an initial minimum term of six months and renew automatically for another six months unless terminated by either party with one month's notice before the end of the billing period.
2. Terminations must be made through the respective SaaS portal or in text form (e.g., by email).

§4 User Eligibility

1. SaaS services are available only to users aged 18 or older. By registering, the customer confirms they are of legal age.

§5 Warranty and Liability

1. Iridium Works GmbH aims to provide uninterrupted access to its SaaS products, but outages or disruptions cannot be entirely avoided. We will make every effort to resolve issues promptly.
2. Our liability for damages caused by slight negligence is limited to the foreseeable, contract-typical, direct average damage, unless extended liability is required by law.

§6 Data Protection

1. The collection, processing, and use of personal data are conducted in strict compliance with applicable data protection laws. For more information, refer to our privacy policy available on our website.

§7 Final Provisions

1. If any provision of these GTC is or becomes invalid or unenforceable, the validity of the remaining provisions remains unaffected.
2. The contractual relationship between Iridium Works GmbH and the customer is governed by the law of the Federal Republic of Germany. The exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Iridium Works GmbH in Koblenz.