Terms of Service

These Terms of Service apply to all consulting and service agreements between Oskar Seeberger, trading as LevIQ (the "Service Provider"), and entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), freelancers, and other legal entities under public or private law (the "Client"). No contracts are concluded with consumers within the meaning of § 13 BGB. Conflicting or deviating terms of the Client shall not apply unless the Service Provider expressly agrees to their validity in writing.

The Service Provider renders consulting services in the field of artificial intelligence and digital transformation, in particular:

• Design, development, and integration of AI-powered chatbot solutions
• Search engine optimization and optimization for generative AI systems (SEO/GEO)
• Strategic consulting on the deployment of AI technologies in a business context
• Support for digital transformation and process optimization initiatives

The specific scope of services, delivery schedule, and any milestones are set out in the individual service description, proposal, or a separately agreed Statement of Work, which forms part of the respective individual agreement.

A contract is formed upon written confirmation of order by the Service Provider, upon mutual signature of a proposal or Statement of Work, or upon processing of the first invoice, whichever occurs first.

Fees are charged in accordance with the individually agreed service package in the form of a monthly flat fee (retainer). The following applies:

• Invoicing occurs monthly in advance at the beginning of the respective service month.
• Payment is processed via the payment provider Stripe; the Client hereby authorizes the Service Provider to collect recurring amounts due from the stored payment method.
• Invoice amounts are due immediately upon invoicing without deduction.
• In the event of late payment, the Service Provider is entitled to charge default interest at the statutory rate pursuant to § 288 (2) BGB.
• All stated prices are net amounts plus statutory value-added tax, where applicable; invoicing is currently issued without VAT pursuant to § 19 (1) of the German VAT Act (UStG).

• The minimum term is governed by the individual agreement; absent any deviating provision, the contract is deemed concluded for an indefinite period with monthly billing.
• Either party may terminate the contract for convenience with 30 days' notice, effective at the end of a calendar month.
• The right of either party to terminate for good cause, in particular in the event of a material breach of essential contractual obligations, remains unaffected.
• Upon termination taking effect, the authorization to collect recurring payments ends; services already rendered are invoiced on a pro-rata basis.

The Client shall provide the Service Provider with the information, access, and resources required for the performance of services in a timely and complete manner. Delays caused by insufficient or delayed cooperation on the part of the Client shall not be attributable to the Service Provider and shall entitle the Service Provider to a reasonable adjustment of agreed deadlines.

• The Service Provider retains ownership of rights to its own methods, templates, tools, and generic concepts developed independently of any specific engagement.
• Work products created specifically for the Client become the property of the Client upon full payment of the fees attributable thereto.
• The Service Provider is entitled to use insights gained in the course of an engagement, in anonymized and non-identifiable form, for its own reference purposes.

Both parties undertake to treat all confidential information obtained from the other party in the course of the collaboration with strict confidentiality and to use it exclusively for the performance of the contract. This obligation continues to apply after termination of the contractual relationship.

The processing of personal data within the scope of this contractual relationship is carried out in accordance with the applicable Privacy Policy and the requirements of the GDPR. Insofar as the Service Provider processes personal data on behalf of the Client, a separate data processing agreement pursuant to Art. 28 GDPR will be concluded upon request.

The liability of the Service Provider is governed by the following principles:

• For damages arising from injury to life, body, or health, as well as for intent and gross negligence, the Service Provider is liable without limitation in accordance with statutory provisions.
• In the event of slightly negligent breach of material contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical for this type of contract, but in any event capped at the fees paid in the preceding twelve months.
• Liability for slight negligence is otherwise excluded.
• The Service Provider is liable for data loss only to the extent that such loss could not have been avoided even with proper data backup measures on the part of the Client.
• No liability is assumed for any specific economic outcome of the consulting services.

The Service Provider's consulting services are rendered in accordance with the current state of the art and the recognized principles of proper professional practice. As these are services rather than a work product, the statutory warranty provisions applicable to contracts for work do not apply; the Service Provider owes diligent effort, not a specific outcome.

Events of force majeure that materially impede or temporarily render impossible the performance of services shall release the affected party from its obligation to perform for the duration and to the extent of such impact, without giving rise to any claims for damages by the other party.

• Amendments and supplements to these Terms and to the respective individual agreement must be made in text form.
• These Terms are governed by the laws of the Federal Republic of Germany, 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 this contractual relationship is, to the extent legally permissible, Munich, Germany.
• Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.