General Terms and Conditions
§ 1 Scope
These general terms and conditions (hereinafter “Terms”) apply to all contracts, deliveries and other services provided by bitshift dynamics GmbH (hereinafter “Contractor”) to its customers (hereinafter “Client”).
The Contractor's offering is directed exclusively at entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law. It is not directed at consumers within the meaning of § 13 BGB.
Only these Terms apply. Conflicting, deviating or supplementary terms of the Client do not become part of the contract unless the Contractor has expressly agreed to their validity in writing.
§ 2 Formation of contract
The Contractor's offers are subject to change and non-binding unless expressly designated as binding.
A contract is concluded upon the Contractor's written order confirmation or by commencement of the services. The content and scope of the services are governed by the respective individual contract or offer.
§ 3 Scope of services and changes
The nature and scope of the services to be provided result from the respective individual contract or offer. Whether a service is rendered as a service contract or a contract for work is governed by the agreement reached.
Change and supplement requests by the Client require a separate agreement. If they result in additional effort or schedule changes, remuneration and deadlines are adjusted accordingly.
§ 4 Client's duties to cooperate
The Client shall provide the Contractor with all information, documents, access, hardware and software as well as contact persons required for the provision of services in good time and free of charge.
Delays based on the Client's failure to cooperate, or failure to cooperate in good time, are not at the Contractor's expense. Any additional effort arising from this is remunerated based on time spent.
§ 5 Dates and deadlines
Dates and deadlines are binding only if expressly agreed in writing as binding. Otherwise they are non-binding estimates.
If the Contractor is in default, its liability is limited in accordance with the “Liability” section.
§ 6 Remuneration and payment terms
Unless a fixed price has been expressly agreed, remuneration is based on time and material at the agreed hourly or daily rates. Travel time and costs as well as expenses are charged separately.
All prices are subject to the applicable statutory value added tax. Unless otherwise agreed, invoices are payable within 14 days of the invoice date without deduction.
In the event of default in payment, the Contractor is entitled to charge default interest at the statutory rate. The assertion of further damages caused by default remains reserved.
§ 7 Rights of use and intellectual property
Upon full payment of the agreed remuneration, the Contractor grants the Client the simple right of use of the work results specifically created within the scope of the order, to the extent required for the contractually intended purpose, unless otherwise agreed.
Pre-existing know-how, general methods, tools, libraries and reusable components of the Contractor remain with the Contractor. The respective license terms of the rights holders apply to open-source components.
§ 8 Warranty
For contracts for work, the Contractor provides warranty in accordance with the statutory provisions, with the proviso that in the event of defects it is initially entitled to subsequent performance. The Client shall report identifiable defects in writing without undue delay.
For services, the Contractor owes the professional provision of the service according to the recognized state of the art, but not a specific result.
§ 9 Liability
The Contractor is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, and under the provisions of the German Product Liability Act.
In the event of slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical for the contract. Any further liability for slight negligence is excluded.
The Client is responsible for regularly backing up its data. Liability for data loss is limited to the effort that would have been required to restore the data had it been backed up properly.
§ 10 Confidentiality
The contracting parties undertake to keep secret all confidential information and trade secrets of the other party that become known in the course of the cooperation and to use them only for the purposes of performing the contract.
This obligation continues to exist even after the contractual relationship has ended.
§ 11 Data protection
The Contractor processes personal data in accordance with the applicable data protection laws. Details on processing within the scope of the website can be found in the privacy policy.
Insofar as the Contractor processes personal data on behalf of the Client, the parties shall conclude a separate data processing agreement pursuant to Art. 28 GDPR.
§ 12 Force majeure
Events of force majeure that significantly impede or make impossible the Contractor's performance entitle it to postpone performance for the duration of the impediment plus a reasonable start-up period. Strikes, lockouts and comparable circumstances not attributable to the Contractor are equivalent to force majeure.
§ 13 Final provisions
Amendments and supplements to these Terms and to the individual contracts must be made in text form. This also applies to any waiver of this text form requirement.
The Client may only transfer rights and obligations under the contract to third parties with the Contractor's prior written consent.
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is – to the extent legally permissible – the Contractor's registered office.
Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
Last updated: June 2026