Terms and Conditions

§ 1 Scope and Provider
1.1. These Terms and Conditions (T&C) apply to all contracts concluded between Infynu Engineering Group UG (limited liability), represented by its managing director Mr. Dogus Ünsalan, Hellseifen 12, 57518 Betzdorf, Email: info@infynu.com (hereinafter referred to as Provider or Contractor) and the Client (hereinafter referred to as Customer) through the website of the Provider. Deviating terms and conditions of the Customer are not recognized unless the Contractor expressly agrees to their validity in writing.
1.2. The Customer, within the meaning of these T&C, is an entrepreneur (§ 14 BGB). An entrepreneur, according to § 14 BGB, is a natural or legal person or a partnership with legal capacity, acting in the course of their commercial or self-employed professional activity when concluding a legal transaction.

§ 2 Contract Formation and Conclusion
2.1. All offers and presentations of services on the Provider's website or in other media are non-binding and do not constitute a legally binding offer. Services are individually agreed upon between the Contractor and the Customer.
2.2. A contract between the Customer and the Provider is concluded when one of the following conditions is met:

• When the Contractor explicitly confirms the Customer’s booking. This confirmation can be in writing, by email, or through another agreed communication method.
• When the Customer's declaration of acceptance, regardless of the form (phone, letter, email, messenger, etc.), with or without the Customer's signature, is received.
• When the Contractor begins to provide the ordered services. In this case, no separate confirmation of the booked services is required, as the start of the performance is considered implicit acceptance of the contract by the Contractor.
  2.3. Unless otherwise agreed, the contract between the parties is concluded for an indefinite period. This means the contract remains in force until it is terminated under the provisions of these T&C.
  2.4. The Provider may make the conclusion of a contract dependent on the verification of the Customer's provided data, particularly the company name, names of natural persons, address, phone number, and email address. If a contract is concluded before verifying the data, the contract is conditional upon the accuracy of the Customer’s provided information.

§ 3 Service Provision
3.1. Subject to compliance with this agreement and timely payments, the Contractor provides the Customer with the services subscribed to for the agreed duration. The Contractor will make every commercially reasonable effort to make the services available to the Customer, subject to planned downtime such as maintenance work. The Contractor may replace, modify, or discontinue services at any time without providing reasons.
3.2. The Customer may only use the Contractor's services under the terms of the agreement. The Customer agrees to provide accurate, current, and complete information about themselves during the registration process. These are the registration data.
3.3. The Customer further agrees to keep these registration data up to date and notify the Contractor immediately in the event of unauthorized use. The Customer is solely responsible for all activities under their account.
3.4. The Customer is obligated to accept the services provided by the Contractor as soon as the Contractor indicates completion and the services conform to the contractually agreed specifications.
3.5. The Customer is responsible for providing the necessary infrastructure and equipment, such as internet access and a computer, and covering the associated costs to use the Contractor's services.
3.6. The Contractor may terminate the Customer’s account without prior notice under the following conditions, which are at the Contractor's discretion:

• The Customer violates this agreement.
• The Customer misuses the Contractor’s services for illegal purposes.
• The Customer shares their login information with unauthorized parties.
  3.7. Within the scope of the Customer's subscription, the Customer can use the service for any number of projects. The Contractor accepts an unlimited number of requests and revisions. The output volume and speed depend on the following factors:
• The type of subscription held by the Customer
• The complexity of the Customer's requests
• The quality and completeness of the Customer's order description
• The total number of requests
  3.8. The Provider does not guarantee a specific completion speed for any individual request. The Contractor commits to completing every request as quickly as possible, considering the subscription, feasibility, and complexity. The Contractor does not guarantee a minimum number of completed tasks under any subscription or plan.
  3.9. The Customer agrees to review all results provided by the Contractor for errors. If an error is reported during an active subscription, the Contractor will correct it as part of a revision.
  3.10. For inactive subscriptions, errors must be reported no later than 7 business days after the delivery of the order. If an error is reported after this period, no claim for correction exists.

§ 4 Working Hours and Workdays
Definitions:

• Bali Time: The official time zone of Bali, Indonesia, also known as Central Indonesia Time (CIT), which is 8 hours ahead of Coordinated Universal Time (UTC+8).
• Holidays: Officially recognized Indonesian and Balinese holidays apply.
  4.1. The Contractor provides services based on working hours in the time zone of Bali, Indonesia (Central Indonesia Time, CIT). These working hours are binding and apply regardless of the Customer’s location.
  4.2. The Contractor’s working hours are exclusively on weekdays, Monday to Friday.
  4.3. No work is performed on weekends (Saturday and Sunday) or on official Balinese holidays. The Contractor will process requests as quickly as possible after holidays.
  4.4. For services booked under a monthly flat-rate model (hereinafter referred to as Monthly Flat), no specific working hours per calendar day are set. Services are provided monthly, with working hours within a workday being flexible. The Monthly Flat covers the services specified in the respective contract. The Provider strives to keep the agreed services available under the Monthly Flat. However, there is no entitlement to uninterrupted availability.
  4.5. For services booked on an hourly basis, billing is based on the actual working hours performed. The hourly rate for the Contractor’s services is specified in the respective contract or offer.

§ 5 Time Tracking
5.1. The Contractor uses a time tracking system to document working hours and services provided. The evaluation of the time tracking serves as proof of the services rendered to the Customer.
5.2. The Customer has the right to request proof of the services provided. This proof is provided exclusively upon the Customer’s request. The proof is provided by evaluating the time tracking and will be made available to the Customer in an appropriate format.

§ 6 Obligations of the Contractor
6.1. The Contractor commits to providing the agreed services carefully and professionally, ensuring that sufficient capacity is always available to deliver the agreed services within the specified deadlines.
6.2. The Contractor commits to providing the necessary personnel and material resources to fulfill the agreed services properly. Training times for personnel provided by the Contractor are considered part of the agreed services and must be paid for by the Customer. The Contractor commits to making the training period as efficient as possible.
6.3. The Contractor is not liable for delays or performance failures caused by force majeure events. This includes, in particular, natural disasters, strikes, government orders, or other unforeseeable and unavoidable events.

§ 7 Ownership and Licenses
7.1. The Customer is responsible for all data and materials provided to the Contractor as part of the use of the service. The Customer declares that they are the owner of the data or have all necessary rights, licenses, and permissions for its use and distribution. The Customer grants the Contractor a worldwide, non-exclusive, royalty-free license to use and access this data and materials for providing the service.
7.2. The Contractor grants the Customer comprehensive, simple usage rights to the products or works created by the Contractor, its employees, or third parties commissioned by the Contractor. The Customer is entitled to use the delivered works at their discretion, including publication, reproduction, distribution, modification, and alteration of the products or works.

§ 8 Subscription, Prices, and Payment
8.1. The Provider's prices are net and exclusive of statutory VAT. Unless otherwise stated, prices are in euros. The contracts between the Customer and the Contractor are service contracts. Unless otherwise agreed, the contract commences upon conclusion and is concluded for an indefinite period unless a minimum contract term is agreed upon.
8.2. To use the Contractor's services, the payment of a recurring fee and the conclusion of at least one subscription offered by the Provider are necessary. The Contractor is not obligated to provide services until the fees, including VAT, are fully paid in advance. Unless otherwise agreed, payments are due monthly.
8.3. By subscribing through the Provider's website, the Customer agrees that the Contractor may collect the recurring fees, including taxes, for the subscription from the Customer's chosen payment method, from the date of registration, in the desired billing interval. Late payments are subject to interest at the maximum legal rate after one month from the due date. The Provider reserves the right to terminate the Customer's account if payments are overdue.
8.4. A subscription can be paused at the end of a billing period and can be declared via the platform. A pause can be set for up to 3 months. After the pause, the subscription resumes with the Customer's last chosen billing interval.
8.5. The Provider reserves the right to adjust the subscription fees with a 7-day notice. The adjustment will apply to the next billing period. If the next billing period begins before the 7-day notice period expires, the fee adjustment will apply to the following billing period.
8.6. For services based on working hours (hourly billing model), the Customer must pay for the agreed hours in full unless otherwise agreed. Hourly services must be completed within a 12-month period from the order date.

§ 9 Termination of Subscription
Termination of the subscription can be declared via the platform or by email and is effective at the end of the current billing period. Upon termination, the Customer's access to the services ends. The Customer remains liable for all charges incurred until the end of the subscription period.

§ 10 Liability
10.1. The Provider is liable for intent and gross negligence. The Provider is also liable for the negligent violation of obligations, the fulfillment of which enables the proper execution of the contract. In case of slightly negligent violation of these cardinal obligations, the Provider’s liability is limited to foreseeable damages typical for the contract.
10.2. For recurring payments, the Provider’s liability is limited to two months' worth of payment.
10.3. The Contractor assumes no liability for factual claims made by the Customer in advertising materials designed and provided by the Contractor. The Customer is responsible for ensuring the factual accuracy of the materials.

§ 11 Confidentiality
The Contractor agrees to treat all confidential information disclosed by the Customer in the course of the service provision as confidential and not to disclose or use it for any purposes other than those required for fulfilling the contract.

§ 12 Use for Marketing Purposes
The Customer grants the Contractor the right to use the work results created under the contract for its own marketing purposes, such as presenting them in the Contractor’s portfolio or referring to the work results in public advertising campaigns.

§ 13 Amendment of the T&C
The Provider reserves the right to amend or supplement these T&C. The Customer will be informed of changes no later than six weeks before they come into force. If the Customer does not object to the changes within six weeks after receiving the notice, the amendments are considered accepted.

§ 14 Final Provisions and Jurisdiction
14.1. Any modifications or additions to the T&C must be made in writing.
14.2. The language of the contract is German.
14.3. The contract shall be governed by the laws of the Federal Republic of Germany.
14.4. The place of jurisdiction is the registered office of the Provider, provided the Customer is a merchant, a legal entity under public law, or a special fund under public law.

Status: Betzdorf, September 2024