Terms of Service
Last updated: March 2026
1. Acceptance of Terms
By accessing or using the services provided by Berlin GmbH ("Company", "we", "us", or "our"), you ("Client", "you", or "your") agree to be bound by these Terms of Service. If you do not agree to these terms, you must not use our services. These terms constitute a legally binding agreement between you and Berlin GmbH.
2. Scope of Services
Berlin GmbH provides custom software development services, including but not limited to: mobile application development, e-commerce solutions, project management, developer tools and account services, AI technology integration, and UI/UX design. All services are bespoke, custom-built, and tailored to individual client requirements. Each project is unique and delivered according to the specifications agreed upon between the parties.
3. No Refunds & No Cancellations
Due to the custom and personalized nature of all services provided by Berlin GmbH, ALL SALES ARE FINAL. No refunds, credits, or cancellations will be issued under any circumstances once a project has been initiated or a payment has been made. By engaging our services, you acknowledge and accept that: (a) all services are custom-developed specifically for you and cannot be resold or repurposed; (b) work begins immediately upon project confirmation and payment; (c) partial or full refunds are not available regardless of the reason for dissatisfaction; (d) cancellation of an ongoing project does not entitle you to any refund of fees already paid; (e) unused portions of prepaid services are non-refundable and non-transferable.
4. Service Delivery — Best Effort Basis
All services are provided on a best-effort basis. While Berlin GmbH strives to deliver high-quality results within agreed timelines, we do not guarantee specific outcomes, performance metrics, or delivery dates. Software development is inherently complex and subject to unforeseen technical challenges, scope changes, and external dependencies. Estimated timelines are approximations and are not binding commitments. Delays caused by client-side factors (including but not limited to delayed feedback, incomplete requirements, or scope changes) do not constitute a breach of these terms.
5. Third-Party Services & Dependencies
Our services may rely on, integrate with, or be affected by third-party platforms, services, APIs, tools, and providers (including but not limited to Apple, Google, cloud hosting providers, payment processors, and other technology vendors). Berlin GmbH is NOT responsible for: (a) any delays, downtime, disruptions, or failures caused by third-party service providers; (b) changes in third-party terms, policies, pricing, or availability; (c) rejection, suspension, or removal of applications or accounts by third-party platforms (e.g., App Store, Google Play); (d) data loss, security breaches, or damages arising from third-party services; (e) compatibility issues caused by third-party software updates or changes; (f) any costs, penalties, or losses incurred due to third-party actions or inactions. The Client assumes full responsibility for compliance with all third-party terms and policies.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Berlin GmbH, its directors, employees, partners, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits, revenue, data, business opportunities, or goodwill, arising out of or in connection with the use of our services. Our total aggregate liability for any claims arising from our services shall not exceed the total amount paid by you to Berlin GmbH for the specific service giving rise to the claim. This limitation applies regardless of the legal theory upon which such claim is based, whether in contract, tort, negligence, strict liability, or otherwise.
7. Disclaimer of Warranties
All services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, or statutory. Berlin GmbH expressly disclaims all warranties, including but not limited to: implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that our services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. No advice or information obtained from Berlin GmbH shall create any warranty not expressly stated in these terms.
8. Client Responsibilities
The Client is responsible for: (a) providing accurate, complete, and timely information, materials, and feedback required for service delivery; (b) ensuring that all content, data, and materials provided to us do not infringe upon any third-party intellectual property rights; (c) maintaining the security and confidentiality of their own accounts, credentials, and access keys; (d) complying with all applicable laws and regulations related to their business and the use of delivered services; (e) testing and validating deliverables before deploying them in production environments; (f) maintaining backups of their own data and content. Failure to fulfill these responsibilities may result in delays or impact the quality of deliverables, for which Berlin GmbH shall not be held responsible.
9. Intellectual Property
Upon full payment of all agreed fees, intellectual property rights for custom-developed work will transfer to the Client as specified in the project agreement. Berlin GmbH retains the right to use general knowledge, techniques, methodologies, and non-proprietary components developed during the project. Any pre-existing intellectual property, open-source components, or third-party libraries used in the project remain subject to their respective licenses. Berlin GmbH reserves the right to showcase completed projects in its portfolio unless otherwise agreed in writing.
10. Payment Terms
All fees are due according to the payment schedule agreed upon in the project proposal or invoice. Late payments may result in suspension of services, additional late fees, or termination of the project. All prices are exclusive of applicable taxes unless otherwise stated. The Client is responsible for all applicable taxes, duties, and levies. Disputed invoices must be reported within 7 days of receipt; otherwise, they are deemed accepted.
11. Indemnification
You agree to indemnify, defend, and hold harmless Berlin GmbH, its directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from: (a) your use of our services; (b) your violation of these Terms of Service; (c) your violation of any third-party rights; (d) any content or data you provide to us; (e) any claims made by your end users or customers related to the delivered services.
12. Termination
Berlin GmbH reserves the right to suspend or terminate services at any time if: (a) the Client breaches any provision of these terms; (b) payments are overdue; (c) the Client engages in fraudulent, illegal, or unethical activities. Termination of services does not entitle the Client to any refund of fees already paid. Upon termination, Berlin GmbH will deliver any completed work up to the date of termination, subject to full payment of outstanding invoices.
13. Force Majeure
Berlin GmbH shall not be liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, including but not limited to: natural disasters, war, terrorism, pandemics, government actions, power outages, internet failures, cyberattacks, or disruptions to third-party services.
14. Governing Law & Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. Any disputes arising from or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Berlin, Germany.
15. Amendments
Berlin GmbH reserves the right to modify these Terms of Service at any time. Changes will be posted on this page with an updated effective date. Continued use of our services after any modifications constitutes acceptance of the revised terms. It is your responsibility to review these terms periodically.
16. Severability
If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
17. Entire Agreement
These Terms of Service, together with any project-specific agreements and invoices, constitute the entire agreement between you and Berlin GmbH. They supersede all prior or contemporaneous communications, proposals, and representations, whether oral or written.
18. Contact
For questions regarding these Terms of Service, please contact us at [email protected].