General Terms and Conditions (GTC) of Yekar GmbH — Managing Director: Arthur Kloss
These General Terms and Conditions (GTC) apply to all contracts between Yekar GmbH, Managing Director Arthur Kloss, Wachtelring 3, 04827 Machern (hereinafter "Yekar GmbH"), and their customers regarding the development, implementation, and provision of AI solutions, automations, software integrations, as well as consulting and support services.
Deviating GTC of the customer will not be recognized unless Yekar GmbH expressly agrees to their validity in writing.
Yekar GmbH offers, among others, the following services:
The specific scope of services is individually agreed between Yekar GmbH and the customer in the respective contract.
Remuneration is based on individual agreement. In particular, the following are possible:
The respective valid conditions are agreed in writing before the start of the contract.
Unless otherwise agreed, the following applies:
Alternatively, full advance payments or deviating payment plans can be individually agreed.
Invoices are due immediately upon receipt without deductions, unless another payment term has been agreed.
Delivery periods and project durations are individually agreed.
The customer is obliged to provide all information, access, content, and approvals required for the project in a timely manner. Delays due to lack of cooperation by the customer extend the delivery time accordingly.
A project is considered completed once the contractually agreed services have been fulfilled and the customer has declared acceptance.
After full payment, the customer receives exclusive and comprehensive usage rights to the systems, scripts, prompts, workflows, documentation, and other results created for them.
The customer is entitled to use the created systems permanently, without spatial or content restrictions.
Yekar GmbH does not retain any continuing usage rights and does not charge license fees.
However, Yekar GmbH reserves the right to continue using generic know-how, non-customer-specific concepts, procedures, and anonymized experiences.
Yekar GmbH is not liable for the accuracy, legal permissibility, completeness, or quality of AI-generated content or decisions made based on this content.
The customer acknowledges that AI systems work probabilistically and cannot guarantee error-free results.
Yekar GmbH is only liable for damages resulting from intentional or grossly negligent behavior.
Liability for indirect damages, consequential damages, lost profits, or data loss is excluded.
Yekar GmbH assumes no liability for failures or delays caused by third-party providers (e.g., API services, hosting providers, AI platforms).
Yekar GmbH and the customer mutually commit to strict confidentiality. All information, data, access, trade secrets, and technical details exchanged in the course of the project may only be used for the fulfillment of the contract and may not be passed on to third parties.
The order becomes legally binding upon signing the contract or written confirmation by email.
Early termination or cancellation by the customer after contract conclusion is excluded.
The down payment made will be retained in any case.
Yekar GmbH may terminate the contract for important reasons, in particular if the customer refuses necessary cooperation despite request or falls into payment default.
The law of the Federal Republic of Germany applies.
The place of jurisdiction for all disputes arising from contractual relationships between Yekar GmbH and customers is Leipzig.
Changes or additions to these GTC require written form.
Should individual provisions of these GTC be invalid, the validity of the remaining provisions remains unaffected.