Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") govern your use of the website and services provided by linskuppe GmbH ("we", "our", or "us"). By accessing or using our website, services, or entering into any agreement with us, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not use our website or services. These Terms constitute a legally binding agreement between you and linskuppe GmbH.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after any changes constitutes acceptance of the new Terms.

Company Information

These Terms are entered into with:

Description of Services

linskuppe provides professional software development services including but not limited to:

• Custom web application development
• Mobile application development
• Cloud solutions and infrastructure services
• API development and integration
• Software consulting and technical advisory
• Ongoing maintenance and support services

Specific services, deliverables, timelines, and pricing will be detailed in separate service agreements or statements of work that reference these Terms.

User Obligations

When using our website and services, you agree to:

• Provide accurate and complete information when requested
• Use our services only for lawful purposes and in accordance with these Terms
• Not interfere with or disrupt the security or functionality of our website or services
• Not attempt to gain unauthorised access to our systems or networks
• Respect the intellectual property rights of linskuppe and third parties
• Comply with all applicable laws and regulations
• Maintain the confidentiality of any login credentials or access information

You are responsible for all activities that occur under your account or through your use of our services. You must notify us immediately of any unauthorised use of your account or any other breach of security.

You may not use our services to transmit, distribute, or store material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.

Intellectual Property

All content, materials, and intellectual property on our website and in our services, including but not limited to text, graphics, logos, images, software, and design elements, are owned by linskuppe or our licensors and are protected by copyright, trademark, and other intellectual property laws.

linskuppe Intellectual Property

You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any of our intellectual property without our prior written consent. This includes our proprietary software, methodologies, and business processes.

Client Intellectual Property

You retain ownership of your pre-existing intellectual property. Any custom software, applications, or solutions we develop specifically for you under a service agreement will be owned by you upon full payment, unless otherwise specified in writing.

Third-Party Intellectual Property

Our services may incorporate third-party software, libraries, or components. Use of such third-party materials is subject to their respective licence terms, which we will identify and provide to you as applicable.

Payment Terms

Payment terms for our services will be specified in individual service agreements or invoices. Unless otherwise agreed in writing:

• All fees are quoted and payable in Euros (EUR)
• Payment is due within 30 days of invoice date
• Late payments may incur interest charges at the rate of 1.5% per month
• All prices are exclusive of applicable taxes, which will be added as required by law

We reserve the right to suspend services for accounts with overdue payments. You are responsible for all costs associated with collection of overdue amounts, including reasonable legal fees.

Limitation of Liability

To the maximum extent permitted by applicable law, linskuppe's total liability to you for any claims arising from or related to our services or these Terms shall not exceed the total amount paid by you to linskuppe in the twelve (12) months preceding the event giving rise to the claim.

In no event shall linskuppe be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, regardless of whether we have been advised of the possibility of such damages.

We make no warranties or representations about the accuracy, completeness, or suitability of our services for any particular purpose. Our services are provided "as is" and "as available" without warranties of any kind, either express or implied.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless linskuppe, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from or related to:

• Your use of our services in violation of these Terms
• Your violation of any applicable laws or regulations
• Your infringement of any third-party rights, including intellectual property rights
• Any content or data you provide to us or submit through our services

This indemnification obligation will survive termination of these Terms and your use of our services.

Confidentiality

Both parties acknowledge that they may have access to confidential information of the other party. Confidential information includes, but is not limited to, technical data, trade secrets, business plans, customer lists, and financial information.

Each party agrees to:

• Maintain the confidentiality of the other party's confidential information
• Use confidential information solely for the purpose of performing under these Terms
• Not disclose confidential information to third parties without prior written consent
• Take reasonable measures to protect the confidentiality of such information

These confidentiality obligations shall survive termination of these Terms for a period of five (5) years.

Termination

Either party may terminate these Terms or any service agreement at any time with written notice. Specific termination terms for individual projects will be detailed in separate service agreements.

We may immediately terminate or suspend your access to our services without notice if you breach these Terms or engage in any conduct that we determine, in our sole discretion, to be harmful to our business or other users.

Upon termination:

• Your right to use our services will immediately cease
• You must pay all outstanding fees and charges
• We will provide you with any deliverables completed up to the termination date
• Both parties must return or destroy confidential information

Provisions of these Terms that by their nature should survive termination will continue in effect, including but not limited to intellectual property rights, limitation of liability, and governing law.

Data Protection and Privacy

We are committed to protecting your privacy and personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our services, you consent to the collection and use of your information as described in our Privacy Policy. If you provide us with personal data of third parties, you warrant that you have obtained all necessary consents and authorisations.

Governing Law

These Terms and any disputes arising from or related to these Terms or our services shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles.

Any legal action or proceeding arising from or related to these Terms shall be brought exclusively in the courts of Leipzig, Germany, and you consent to the personal jurisdiction of such courts.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be replaced with a valid provision that most closely reflects the original intent.

Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms which is due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, labour disputes, or technical failures. The affected party must promptly notify the other party and use reasonable efforts to remedy the situation.

Entire Agreement

These Terms, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and linskuppe regarding the use of our services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

No modification of these Terms will be effective unless made in writing and signed by both parties. Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Contact Information

If you have any questions about these Terms of Service, please contact us: