General Terms and Conditions

(1) These General Terms and Conditions (hereinafter “GTC”) apply to all contracts between Softstorm UG (haftungsbeschränkt), Kiefernstr. 9, 82549 Königsdorf (hereinafter “Softstorm”, “we” or “us”) and its customers concerning the digital analysis tools offered at www.softstorm.de (Website-Check, AI-Act-Kennzeichnungs-Check) and concerning individually commissioned services in the fields of AI agents, process automation, web development, AI chatbots, mobile apps and AI consulting.

(2) Our services are directed exclusively at businesses within the meaning of § 14 BGB, legal entities under public law and special funds under public law. Consumers within the meaning of § 13 BGB are not accepted as customers by Softstorm. By placing the order, the customer confirms that they are acting in the exercise of their commercial or independent professional activity when concluding the contract.

(3) We hereby object to any deviating, conflicting or supplementary general terms and conditions of the customer; they only become part of the contract if and to the extent that we have expressly agreed to their application in writing.

(4) These GTC also apply to all future business relationships with the customer, even if they are not expressly agreed again, insofar as the transactions are of a comparable nature.

(1) For the digital analysis tools, the contract is concluded as follows: The presentation of the paid services on the website does not constitute a binding offer by Softstorm, but a non-binding invitation to the customer to submit an offer. By completing the order process via our payment service provider Stripe, the customer submits a binding offer to conclude a contract. The contract is concluded when Softstorm confirms successful receipt of payment (automated confirmation by email or activation of the report).

(2) For individual projects, the contract is concluded when the customer accepts an offer from Softstorm in writing or in text form, unless otherwise agreed in the individual case.

(1) The prices stated for the digital analysis tools (€5.00, €290.00 and €590.00) are gross prices including the statutory value added tax applicable at the time (currently 19 %). For individual projects, the prices stated in the respective offer apply, which are expressly marked there as net or gross prices.

(2) Payment for digital analysis tools is made in advance via the payment service provider Stripe (Stripe Payments Europe, Limited) using the payment methods offered there. The paid service (activation of the full report or full audit) is only provided after payment has been received in full.

(3) For individual projects, the payment terms stated in the respective offer apply. Unless otherwise agreed, invoices are due for payment within 14 days of the invoice date without deduction.

(4) Softstorm issues invoices via the accounting service lexoffice.

(1) The customer is obliged to hold the necessary rights for the websites they specify for checking, or to ensure that the check takes place with the consent of the respective website operator. During the automated check, Softstorm respects the robots.txt of the respective target domain and does not carry out excessively frequent automated requests.

(2) For individual projects, the customer cooperates to the extent necessary for the provision of the services, in particular by providing information, access and feedback in good time. Delays resulting from the customer's failure to cooperate or delayed cooperation are not at Softstorm's expense.

(1) The statutory warranty provisions apply, unless otherwise provided below.

(2) In the event of defects in the services provided by Softstorm, Softstorm initially has the right to subsequent performance within a reasonable period. If subsequent performance fails or is unreasonable, the customer may assert the statutory rights (reduction, rescission, damages within the scope of § 7).

(3) The automated analysis tools are technical initial assessments based on an automated scan; Softstorm does not owe a particular substantive result (e.g. a particular traffic-light rating).

(1) Softstorm is liable without limitation for damages resulting from injury to life, body or health that are based on an intentional or negligent breach of duty by Softstorm, as well as for other damages that are based on an intentional or grossly negligent breach of duty by Softstorm or by a legal representative or vicarious agent of Softstorm.

(2) For damages resulting from the breach of essential contractual obligations (cardinal obligations) that are based on simple negligence, Softstorm is liable only up to the amount of the damage that was foreseeable and typical for this type of contract at the time the contract was concluded. Essential contractual obligations are those whose fulfilment is a prerequisite for the proper performance of the contract in the first place and on whose observance the customer may regularly rely.

(3) Otherwise, Softstorm's liability for simple negligence is excluded. Liability under the Produkthaftungsgesetz and any liability arising from the assumption of a guarantee remain unaffected by the above limitations of liability.

(4) Softstorm accepts no liability for the technical initial assessments created with the analysis tools (§ 2) being complete in content, legally accurate or sufficient for the purpose pursued by the customer. The use of the results to fulfil legal obligations (in particular the labelling obligation under Art. 50 EU AI Act) is at the customer's own risk.

(1) Softstorm grants the customer a non-exclusive right of use, unlimited in time, for the reports (PDF) created as part of the analysis tools, for internal use and for passing them on to the customer's advisors, authorities or business partners.

(2) For individual projects, the rights of use and ownership of software, concepts and other work results created are regulated separately in the respective offer or project contract.

Both parties undertake to treat all confidential information of the other party obtained in the course of the business relationship as confidential and not to disclose it to third parties without prior consent, insofar as there is no statutory duty of disclosure. For the processing of personal data in the course of performing the contract, we refer to our Privacy Policy.

(1) The digital analysis tools are provided as a one-off service; this does not create a continuing obligation.

(2) For individual projects, the term and termination options are governed by the respective offer or project contract. The right of both parties to terminate extraordinarily for good cause remains unaffected.

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The exclusive place of jurisdiction for all disputes arising out of or in connection with contracts subject to these GTC is, to the extent legally permissible, the registered office of Softstorm (München).

(3) Amendments and supplements to these GTC and to individual contractual agreements require written form or text form. This also applies to any amendment of this written-form clause itself.

(4) Should a provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The statutory provision shall take the place of the invalid provision.