Terms & Conditions

§ 1 Scope and contracting parties

(1) These general terms and conditions (“Terms”) apply to all contracts between The AI Studio – by JK (Einzelunternehmen), represented by Junkyung Kim, Moltkestraße 29, 23564 Lübeck (the “Contractor”) and the respective client regarding consulting, development, and support services in the area of internal tools, data architecture, and applied AI.

(2) Our services are directed exclusively at businesses within the meaning of § 14 BGB (German Civil Code), legal entities under public law, or special funds under public law.

(3) Deviating or conflicting terms of the client only become part of the contract if we have expressly agreed to them in writing.

§ 2 Formation of contract

(1) Offers, service descriptions on the website, and cost estimates are non-binding unless expressly marked as binding.

(2) A contract is formed by written order confirmation, signing of a project agreement, or the start of service delivery with the client's knowledge.

§ 3 Scope of services

(1) The specific scope of services, milestones, deliverables, and deadlines follow from the respective proposal, service description, or project agreement.

(2) Changes and extensions to the scope of services (change requests) require written agreement and may adjust fees and deadlines.

(3) Unless otherwise agreed, we owe the performance of services, not a specific economic or technical outcome.

§ 4 Client's duties to cooperate

(1) The client provides the information, access, points of contact, and decisions required for service delivery in a timely manner.

(2) Delays caused by missing or late cooperation extend agreed deadlines accordingly and may result in additional costs.

§ 5 Fees and payment

(1) Fees are based on the agreed proposal (fixed price, daily rate, or hourly rate).

(2) Invoices are due within 14 days of the invoice date without deduction, unless otherwise agreed.

(3) Travel expenses and other outlays are reimbursed only if agreed in writing beforehand.

§ 6 Acceptance

(1) Deliverables are deemed accepted if the client does not report material defects in writing within 10 business days of handover.

(2) Minor deviations that do not impair the contractual purpose do not entitle the client to refuse acceptance.

§ 7 Usage rights and intellectual property

(1) All work product created under the engagement (software, documentation, concepts, designs) that is subject to payment transfers to the client's exclusive usage rights upon full payment of the agreed fee, unless otherwise specified in the project agreement.

(2) Pre-existing materials, tools, frameworks, and general know-how of the Contractor remain the Contractor's property. The client receives the simple usage rights required to use the work product.

(3) The Contractor may name the client as a reference unless expressly agreed otherwise or commercially unreasonable.

§ 8 Confidentiality

Both parties agree to keep confidential information of the other party secret and to use it only for the performance of the contract. This obligation survives termination of the contractual relationship.

§ 9 Data protection and data processing

(1) The parties comply with applicable data protection law, in particular the GDPR.

(2) If the Contractor processes personal data on the client's behalf, the parties will enter into a data processing agreement under Art. 28 GDPR upon request.

§ 10 Warranty

(1) Statutory warranty rights apply, except as otherwise provided below.

(2) For services, the client is obligated to report identifiable defects in writing without delay.

§ 11 Liability

(1) We are liable without limitation for intent and gross negligence, and for injury to life, body, or health.

(2) For slightly negligent breach of material contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical for this type of contract.

(3) Liability is otherwise excluded. Liability under the Product Liability Act remains unaffected.

(4) We are liable for data loss only to the extent that it would not have been recoverable through reasonable data backup measures on the client's part.

§ 12 Term and termination

(1) Project agreements end upon delivery of the agreed services, unless ongoing support has been agreed.

(2) Ongoing support contracts may be terminated by either party subject to the notice period agreed in the contract.

(3) The right to extraordinary termination for good cause remains unaffected.

§ 13 Final provisions

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

(2) The place of jurisdiction for all disputes arising from or in connection with this contract is, to the extent legally permissible, Lübeck.

(3) Amendments and additions to these Terms require written form. This also applies to any change of this written-form clause.

(4) Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected.