Terms of Service

Introduction

These Terms of Service ("Terms") govern your use of the website dataengineering.pro and the e-commerce platform services provided by dataengineering GmbH ("Company", "we", "us", or "our"). By accessing our website or using our services, you agree to be bound by these Terms.

Please read these Terms carefully before using our services. If you do not agree with any part of these Terms, you must not use our website or services.

Acceptance of Terms

By accessing and using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. These Terms constitute a legally binding agreement between you and dataengineering.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. In such case, "you" and "your" will refer to that entity.

Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. By using our services, you represent and warrant that you meet these requirements.

Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or by posting a notice on our website. Your continued use of our services after such modifications constitutes acceptance of the updated Terms.

Services Description

dataengineering provides e-commerce platform development and data engineering services, including but not limited to:

• Custom e-commerce platform development and implementation
• Data engineering and analytics solutions
• Platform performance optimisation and maintenance
• Technical support and consultation services
• Cloud infrastructure setup and management
• Security implementation and compliance assistance

Service Availability

We strive to maintain high service availability, but we do not guarantee uninterrupted access to our services. We may temporarily suspend services for maintenance, updates, or due to circumstances beyond our control.

Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with reasonable notice to affected clients. We will work with existing clients to minimise disruption and provide alternative solutions where possible.

User Obligations

As a user of our services, you agree to comply with all applicable laws and regulations and to use our services responsibly and ethically. Your obligations include:

Acceptable Use

• Provide accurate and complete information when requested
• Maintain the confidentiality of any account credentials
• Use our services only for lawful business purposes
• Comply with all applicable laws and regulations
• Respect the intellectual property rights of others
• Not attempt to gain unauthorised access to our systems

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using our services for illegal or fraudulent activities
• Transmitting malicious code, viruses, or harmful content
• Attempting to reverse engineer or compromise our systems
• Violating the privacy or rights of other users
• Interfering with the normal operation of our services
• Using our services to spam or send unsolicited communications

Compliance Responsibilities

You are responsible for ensuring that your use of our services complies with all applicable laws, including data protection regulations, e-commerce laws, and industry-specific requirements relevant to your business.

Payment Terms

Payment terms for our services are specified in individual service agreements. General payment conditions include:

Fees and Billing

• Fees are specified in service agreements and are exclusive of applicable taxes
• Payment is due according to the terms specified in your service agreement
• Late payments may incur additional charges as specified in agreements
• All prices are quoted in Euros (EUR) unless otherwise specified

Refund Policy

Refunds are handled according to the terms specified in individual service agreements. Generally, refunds may be available for:

• Services not delivered according to agreed specifications
• Cancellations made within agreed cancellation periods
• Technical issues preventing service delivery that cannot be resolved

Taxes

You are responsible for all applicable taxes related to your use of our services. We will add applicable VAT to invoices for EU customers where required by law.

Intellectual Property

Intellectual property rights related to our services are governed by the following terms:

Our Intellectual Property

dataengineering retains all rights, title, and interest in and to:

• Our website, software, and proprietary technologies
• Our trademarks, service marks, and brand elements
• Methodologies, processes, and know-how developed by us
• All improvements and derivatives of our intellectual property

Client Intellectual Property

You retain ownership of your intellectual property, including:

• Your business data, content, and proprietary information
• Your trademarks, logos, and brand materials
• Custom developments specifically created for your business

Licence Grants

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable licence to use our services. You grant us a limited licence to use your intellectual property as necessary to provide our services.

Copyright Protection

We respect intellectual property rights and expect users to do the same. If you believe your copyright has been infringed, please contact us with details of the alleged infringement.

Privacy and Data Protection

Data protection and privacy are fundamental to our services. Our data handling practices are governed by our Privacy Policy and applicable data protection laws.

Data Processing

We process personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable privacy laws. Our Privacy Policy provides detailed information about our data practices.

Client Data Responsibilities

As our client, you are responsible for:

• Ensuring you have appropriate rights to share data with us
• Complying with applicable data protection laws in your jurisdiction
• Implementing appropriate data protection measures for your customers
• Providing necessary privacy notices to your data subjects

Data Security

We implement appropriate technical and organisational measures to protect personal data against unauthorised access, alteration, disclosure, or destruction. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.

Limitation of Liability

Our liability in connection with our services is limited as follows:

General Limitations

To the maximum extent permitted by applicable law:

• Our total liability shall not exceed the amount paid by you for our services in the 12 months preceding the claim
• We shall not be liable for indirect, incidental, special, consequential, or punitive damages
• We shall not be liable for loss of profits, revenue, data, or business opportunities
• Our liability for data loss is limited to the cost of restoring data from backups

Exceptions

These limitations do not apply to:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Gross negligence or wilful misconduct
• Violations of applicable data protection laws
• Other liabilities that cannot be excluded by law

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, network failures, or other force majeure events.

Warranties and Disclaimers

We provide our services with professional care and skill, but certain limitations apply:

Service Warranties

We warrant that our services will be performed with reasonable care and skill in accordance with industry standards. If services do not conform to this warranty, we will re-perform the services at no additional cost.

Disclaimers

Except as expressly stated in these Terms:

• Our services are provided "as is" without warranties of any kind
• We disclaim all implied warranties, including merchantability and fitness for purpose
• We do not warrant that our services will be uninterrupted or error-free
• We do not guarantee specific business results or outcomes

Third-Party Services

Our services may integrate with third-party platforms and services. We are not responsible for the availability, functionality, or terms of use of third-party services.

Termination

These Terms remain in effect until terminated by either party in accordance with the provisions below:

Termination by You

You may terminate these Terms and your use of our services at any time by:

• Providing written notice according to your service agreement
• Discontinuing use of our website and services
• Requesting deletion of your account and data

Termination by Us

We may terminate or suspend your access to our services immediately if:

• You breach these Terms or your service agreement
• You fail to pay fees when due
• You engage in prohibited activities
• We are required to do so by law
• Continued provision of services would cause harm to us or others

Effects of Termination

Upon termination:

• Your right to use our services immediately ceases
• We will provide reasonable assistance with data export
• Outstanding fees remain due and payable
• Provisions that by their nature should survive will continue to apply

Governing Law

These Terms and any disputes arising from or related to our services are governed by the laws of Germany, specifically:

Applicable Law

• German Civil Code (Bürgerliches Gesetzbuch - BGB)
• German Commercial Code (Handelsgesetzbuch - HGB)
• European Union regulations where applicable
• General Data Protection Regulation (GDPR)

Jurisdiction

Any legal disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Berlin, Germany. However, we may seek injunctive relief in any court of competent jurisdiction to protect our intellectual property rights.

Dispute Resolution

Before initiating legal proceedings, we encourage parties to attempt resolution through:

• Direct negotiation between the parties
• Mediation through a recognised mediation service
• Alternative dispute resolution mechanisms

Consumer Rights

If you are a consumer, nothing in these Terms affects your statutory rights under applicable consumer protection laws.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and dataengineering regarding the use of our services.

Severability

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

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorised representative.

Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

Notices

All notices required under these Terms must be in writing and sent to the addresses specified in our contact information. Notices are deemed received when delivered in person, by email (with confirmation), or three days after posting by registered mail.

Contact Information

If you have questions about these Terms of Service or need to contact us regarding legal matters, please use the following information: