Terms and Conditions

1. Scope
These General Terms and Conditions (GTC) apply to all contracts between Lucke IT Solutions (hereinafter referred to as the “Provider”) and its customers regarding the provision, development, sale, and implementation of AI-based software systems, services, and digital solutions.
The offer is directed exclusively at businesses within the meaning of Section 14 of the German Civil Code (BGB) (B2B).
Deviating terms and conditions of the customer shall not apply unless the Provider expressly agrees to their validity in writing.

 

2. Subject Matter of the Contract
The subject matter of the contract includes in particular:

• Development and provision of customized AI systems

• Operation of AI solutions in a hosting model (cloud)

• Setup and handover of AI systems for on-premise operation

• Maintenance, support, and further development as agreed

The specific scope of services results from the respective offer, contract, or the service description on the website.

 

3. Conclusion of Contract
A contract is concluded by:

• a customer inquiry and subsequent acceptance of an offer, or

• an online purchase via the Provider’s website.

Offers by the Provider are non-binding unless expressly stated otherwise.

 

4. Services & Customer Cooperation Obligations
The Provider performs its services in accordance with the current state of the art.
The customer is obliged to provide all information, data, and access required for service provision in a timely manner.
Delays caused by a lack of customer cooperation shall not be to the detriment of the Provider.

 

5. AI Systems & Decision Responsibility
The provided AI systems serve to support processes and decision-making.
The Provider does not guarantee specific economic, technical, or operational results.
Responsibility for decisions made based on AI outputs lies solely with the customer.

 

6. Hosting & On-Premise
For hosting solutions, the Provider makes the systems available via a cloud infrastructure.
Depending on the agreement, systems may be operated in data centers within the EU or by external cloud providers.
The Provider supplies the technical platform, infrastructure-level security, and system availability.
The customer remains responsible for content use, user access management, and processing of customer-provided data.

For on-premise solutions, the software is installed and handed over to the customer.
The customer is responsible for the security of its IT infrastructure during on-premise operation. The Provider supports installation and handover.
Ongoing operation, updates, backup, and access management are the responsibility of the customer unless expressly agreed otherwise.

 

7. Data Processing on Behalf
If the Provider processes personal data on behalf of the customer, the parties shall conclude a data processing agreement in accordance with Art. 28 GDPR prior to the start of processing.
The scope, location, and nature of data processing result from this agreement and the respective service description.
No processing of personal data on behalf of the customer shall take place without such an agreement.

 

8. Remuneration & Payment Terms
Remuneration is defined in the respective contract or online offer.
Invoices are payable within 14 days without deduction unless otherwise agreed.
The Provider is entitled to suspend services in the event of payment default.

 

9. Rights of Use
The customer receives a non-exclusive, non-transferable right to use the provided software for the agreed duration and purpose.
Transfer, reproduction, or modification is not permitted without the Provider’s consent.

 

10. Liability
The Provider is liable without limitation in cases of intent and gross negligence.
In cases of simple negligence, the Provider is liable only for breaches of essential contractual obligations and limited to the foreseeable damage.
Liability for lost profits, data loss, or consequential damages is excluded to the extent permitted by law.

 

11. Data Protection
Personal data is processed in accordance with the Provider’s privacy policy and applicable data protection laws (GDPR).

 

12. Confidentiality
Both parties undertake to keep confidential information secret and not to disclose it to third parties.

 

13. Final Provisions
The law of the Federal Republic of Germany applies.
Place of jurisdiction is—where permissible—the Provider’s registered office.
Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.