General Provisions

1.1 The following General Terms and Conditions (AGB) apply to all contracts between the sole proprietorship Klarwerk Tech, owned by Alesio-Lucian Pioara, based in Augsburg, Germany (hereinafter referred to as "Klarwerk Tech"), and the customer.

1.2 These AGB apply exclusively. Deviating or supplementary conditions of the customer will not be recognized unless Klarwerk Tech expressly agrees to their validity in writing.

1.3 Klarwerk Tech offers the following services:

Website Design

AI Integration

AI Consulting

1.4 The services are offered to both commercial and private customers, domestically and internationally. For consumers as defined in § 13 BGB, additional protective provisions apply.

Service Description and Subject Matter of the Contract

2.1 Klarwerk Tech offers digital services to optimize business processes, customer communication, and online presence. The scope of each service is individually agreed upon in the contract and depends on the package chosen by the customer or specific offers.

2.2 The subject matter of the contract is – depending on the booking – the development and design of professional websites, the integration of artificial intelligence into existing or new systems, and comprehensive consulting services for implementing AI solutions.

2.3 All services will be provided according to the state of the art and with the utmost care.

2.4 A legal success is not owed – unless expressly agreed – unless explicitly guaranteed. Klarwerk Tech is not responsible for specific increases in sales, expansion of reach, or other economic success unless contractually promised.

Special Provisions for the "Website Design" Service Area

3.1 Service Content
Klarwerk Tech creates professional websites for businesses, freelancers, and organizations. The scope of services includes – depending on the agreement – design, technical implementation, domain consultation, hosting recommendations, mobile optimization, basic SEO (search engine optimization), and the integration of desired content and functions.

3.2 Design Freedom and Templates
Klarwerk Tech will consider the customer's design preferences but reserves the right to make its own creative suggestions in case of ambiguities or missing design guidelines. Content provided by the customer (texts, logos, images) must be free of third-party rights. The customer is liable for any copyright infringements.

3.3 Correction Rounds
The agreed offer includes two rounds of corrections. Further adjustments or changes after the project completion may incur separate charges.

3.4 Customer’s Obligations
The customer is required to provide necessary content (texts, images, legal notices such as the imprint and privacy policy, etc.) promptly and in full. Delays caused by missing cooperation will extend the completion date accordingly.

3.5 Acceptance
After completion, the website will be handed over for acceptance. If no feedback is provided within 7 days, the acceptance is considered granted. If defects are reported in writing, corrections will be made within a reasonable time frame.

3.6 Maintenance and Support
Maintenance services (e.g., updates, backups, security checks) are not included in the basic offer but can be booked separately as a service package.

Special Provisions for the "AI Integration" Service Area

4.1 Service Content
Klarwerk Tech offers the technical integration of artificial intelligence (AI) into existing systems and platforms. This may include the following services:

Integration of AI-powered chatbots on websites or apps (e.g., WhatsApp Business, Messenger)

Setting up speech dialogue systems for automated telephone services

Connecting AI tools with internal processes such as scheduling, inquiry answering, or customer service

Automation of simple internal workflows (e.g., offer sending, lead qualification)

4.2 Technical Requirements
The customer ensures that the necessary technical infrastructure is in place (e.g., API access, hosting environment, CMS compatibility). Klarwerk Tech will assist the customer in the evaluation and can provide recommendations. Klarwerk Tech is not liable for limitations caused by third-party systems.

4.3 Data Protection and GDPR
All AI tools used will be checked for GDPR compliance. The customer is required to inform Klarwerk Tech if there are specific data protection requirements (e.g., health data, special categories of personal data). Responsibility for the data protection assessment of the final solution lies with the customer unless otherwise agreed.

4.4 Third-Party AI Models
Klarwerk Tech may use third-party models (e.g., OpenAI, Google, Microsoft) to implement solutions. In such cases, the terms of use and licensing models of the respective providers also apply.

4.5 Training and Customization
Depending on the package, AI systems may be customized for the customer's company or pre-configured solutions may be used. The training data will be provided by the customer or created together with Klarwerk Tech.

4.6 Support and Updates
After the project completion, Klarwerk Tech offers optional maintenance packages for updates, training adjustments, and system monitoring. Without booked support, there is no entitlement to the ongoing functionality of the integrated solution.

Special Provisions for the "AI Consulting" Service Area

5.1 Service Description
Klarwerk Tech offers strategic and technical consulting services under the "AI Consulting" service area to support businesses in the use and optimization of artificial intelligence. The consultations include identifying potential, analyzing existing business processes, and developing concrete action recommendations for integrating AI technologies.

5.2 Scope of Consulting Services
The scope will be individually agreed upon with the customer and may include workshops, market analyses, use case definitions, cost-benefit considerations, process evaluations, and strategy development. Klarwerk Tech provides consulting for both individual projects and long-term transformation support.

5.3 Implementation Responsibility
The implementation of the measures proposed during the consultation is the sole responsibility of the customer. Further operational implementation (e.g., integration of specific AI tools) must be separately agreed upon under the "AI Integration" service area.

5.4 No Guarantee of Success
The proposed measures are based on current technical standards, market developments, and experience. Klarwerk Tech does not guarantee the achievement of specific business goals or savings, as external factors (such as market conditions, internal implementation quality, etc.) are beyond our control.

5.5 Customer’s Participation Obligations
For successful consultation, the customer is obligated to provide Klarwerk Tech with all relevant information completely, correctly, and in a timely manner. This includes data on existing processes, internal objectives, and legal frameworks.

5.6 Confidentiality and Data Protection
All information exchanged during the consultation will be treated confidentially. Personal or company-specific data will only be processed within the scope of the contractually agreed services and in compliance with applicable data protection laws.

Prices, Payment Terms, and Liability

6.1 Prices and Offer Creation
All prices for the services offered by Klarwerk Tech are calculated individually and project-specific. Offers are non-binding and subject to change until accepted by the customer in writing. All price quotes are in Euros and, unless otherwise stated, exclusive of statutory VAT.

6.2 Due Date and Payment Terms
Unless otherwise agreed, all invoices are due for payment within 14 days from the invoice date without deduction. In case of late payment, Klarwerk Tech is entitled to charge default interest at the statutory rate and any reminder fees.

6.3 Progress Payments
For larger projects, Klarwerk Tech may request partial payments (e.g., 30% upon order, 40% at project midpoint, 30% upon completion). Payment terms are specified in the respective offer or project contract.

6.4 Cancellation by the Customer
A withdrawal from an assigned order is only possible with the express written consent of Klarwerk Tech. In this case, Klarwerk Tech reserves the right to charge for any services already rendered and incurred expenses on a pro-rata basis. In the case of short-term cancellation (less than 7 days before project start), up to 50% of the agreed fee may be due.

6.5 Liability for Defects and Damages
Klarwerk Tech is only liable for damages caused by intentional or grossly negligent behavior. For simple negligence, liability is only assumed if essential contractual obligations are violated and the violation endangers the achievement of the contract's purpose. In all cases, liability is limited to the typical, foreseeable damage.

6.6 Liability Exclusion for Third-Party Software and External Content
Klarwerk Tech is not liable for errors or failures caused by third-party software, plugins, APIs, or other external tools. The same applies to content and data provided by the customer or third parties.

6.7 Force Majeure
Events of force majeure that make the performance of the service substantially more difficult or impossible (e.g., natural disasters, power outages, network shutdowns, pandemics, strikes, or official orders) release Klarwerk Tech from the obligation to perform for the duration of the disruption.

Confidentiality, Data Protection & Copyright

7.1 Confidentiality
Both parties agree to treat all confidential information received during the collaboration, including trade secrets, technical data, concepts, strategies, and customer information, as strictly confidential and not to disclose it to third parties. This obligation continues beyond the end of the collaboration for a period of five years.

7.2 Data Protection
Klarwerk Tech is committed to complying with all applicable data protection regulations, especially the General Data Protection Regulation (GDPR). Personal data collected during service provision will only be processed for the purpose of contract fulfillment and will not be shared with third parties unless required by law or with the express consent of the affected person.

7.3 Data Processing on Behalf
If Klarwerk Tech processes personal data on behalf of the customer (e.g., during the integration of AI chatbots into customer systems), a separate data processing agreement (DPA) will be concluded in accordance with Article 28 of the GDPR. In these cases, the customer remains the controller under data protection law.

7.4 Intellectual Property and Copyright
All works, designs, software modifications, texts, graphics, and other content created by Klarwerk Tech in the course of providing services are subject to Klarwerk Tech's copyright and industrial property rights unless otherwise agreed. The customer receives a simple, non-transferable usage right to the content and services provided once the agreed fee is fully paid, provided these were created as part of the contract.

7.5 Use for Reference Purposes
Klarwerk Tech is entitled to display completed projects for documentation and reference purposes on its own website, as well as in presentations and offers, unless a separate written agreement with the customer exists or legitimate customer interests prevent this.

Final Provisions

8.1 Applicable Law
For all legal relationships between Klarwerk Tech and the customer, the law of the Federal Republic of Germany applies exclusively, excluding the UN Sales Convention (CISG), even if the customer is based abroad.

8.2 Jurisdiction
If the customer is a merchant, a public-law legal entity, or a special public-law asset, or if the customer has no general jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the location of Klarwerk Tech in Augsburg.

8.3 Written Form
Changes and additions to these General Terms and Conditions as well as side agreements require written form. This also applies to the cancellation of this written form requirement.

8.4 Severability Clause
If individual provisions of these General Terms and Conditions are or become ineffective or unenforceable, the validity of the remaining provisions shall not be affected. In place of the ineffective or unenforceable provision, the legally permissible provision that most closely reflects the economic purpose of the ineffective provision shall apply. The same applies to any regulatory gaps.

8.5 Priority of Individual Agreements
Individual agreements with the customer take precedence over these General Terms and Conditions if they have been agreed in writing.

8.6 Language of the Contract
The language of the contract is exclusively German.