Terms and Conditions

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between Nils Haberkamp Solutions, run by Nils Haberkamp, Bernhardstraße 14A, 48727 Billerbeck, Germany, Telephone: +49 0163 4098848, email legal@coede.dev ("Company") and the client, with regard to access and use of the Companies's website: https://coede.dev (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.

Conclusion of the contract

  1. Our offers are subject to change and non-binding.
  2. A contract is also concluded when the customer's order is confirmed by us or when we have started to fulfil it.
  3. We can make the conclusion of a contract dependent on the verification of the data provided by the customer about himself, in particular the company, the names of natural persons, address, telephone number and

Services provided

  1. Subject to compliance with this Agreement and the timely receipt of your payments, we will provide you with the Services to which you have subscribed for the agreed term. We will use commercially reasonable endeavours to make the Services available to you, subject to planned downtime such as maintenance. We may replace, change or discontinue the Services at any time without giving reasons.
  2. You may only use our services in accordance with the terms of the Agreement. You agree to provide accurate, current and complete information about yourself on the forms in the registration process. This is the registration data.

    You also agree to keep this registration data up to date and to amend it in the event of a change. You guarantee the security of passwords and identification information and notify us immediately of any unauthorised use. You assume sole responsibility for all activities in your account.

  3. You are responsible for providing and bearing the associated costs of all infrastructure and equipment required to use our service, such as an Internet connection and a computer.
  4. We may terminate your account without prior notice in the following circumstances, which are at our discretion:

    • You breach these agreements
    • You misuse our services for illegal purposes
    • You share your user data with unauthorised persons
  5. As part of your subscription, you can use our service for any number of projects. We accept an unlimited number of requests and revisions. The Company only works on a single request or revision at any given time, once a request has been procesed the Company can start working on the next request. The output volume or output speed depends on the following factors:

    • Complexity of your requests
    • Quality and completeness of your order description
    • Total number of all requests
  6. We do not guarantee a specific processing speed for any individual order enquiry. We undertake to complete every order as quickly as possible within the scope of the subscription, reasonableness and complexity. In addition, we do not guarantee a minimum quantity of completed orders for any subscription.
  7. You agree to check all our delivered results for errors. If an error is reported during an active subscription, we will correct it as part of a revision.
  8. For inactive subscriptions, an error can be reported a maximum of 7 working days after delivery of the order. If an error is reported after this period has expired, there is no entitlement to rectification.

Pricing

  1. Our prices are net prices excluding statutory VAT. Unless otherwise stated, prices are in US dollars. The contracts concluded between you and us are service contracts. Unless otherwise agreed, the term of the contract begins with the conclusion of the contract and is concluded for an indefinite period, unless a minimum contract term has been agreed.
  2. The use of our service requires the payment of a recurring fee and the conclusion of at least one of our offered subscriptions. Before we are under any obligation to fulfil our service, the fees including VAT must be paid in full in advance. Unless otherwise agreed, the fees are due monthly.
  3. By taking out a subscription via our website, you consent to us collecting the recurring subscription fees, including taxes, via the payment method you have provided, from your registration date, at the billing interval of your choice. We reserve the right to cancel your account in the event of non-payment of amounts owed.
  4. You can cancel your subscription via email or by post. Cancellation takes effect at the end of the current billing interval. Once the billing interval has expired, you will lose access to our service and any orders in progress or under revision that are no longer being processed. Access to the platform remains subject to reservation. Access to the orders submitted may expire at the end of the billing interval.
  5. A pause of the subscription is possible at the end of each billing interval and can be declared via the email or by post.
  6. We reserve the right to adjust the fees for a subscription with 7 days' notice. The adjustment will take effect at the next billing interval.If the next billing interval begins before the 7-day notice period expires, the fee will be adjusted to the billing interval after next.

Returns and refunds

The Company reserves the right to deny refunds based on its own self discretion and without notice or liability to Client. Refund requests are assessed on a case by case basis. Should Client request a refund during the first month of use, all materials produced by the Company are ownership of the company and are prohibited from being used by the Client in any way. If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period. Furthermore, Stripe fees associated with the transaction will not be refunded. The Company reserves the right to take appropriate legal actions against Client for breach of this paragraph

Property rights and licences

  1. You are responsible for all data and materials that you make available to us in the course of using the service. You declare that you own it or have all necessary rights, licences and permissions to use and distribute it. You grant us a worldwide, non-exclusive, royalty-free licence to use and access such data and materials to provide our Service.
  2. We grant you full non-exclusive rights of use to the products or works created by us in which we or our employees or third parties commissioned by us are the authors. You may utilise the works as you wish. This applies, among other things, to the publication, reproduction and distribution as well as the modification and alteration of the products or works.

User representations

By using the Website, Client represents and warrants that:Client has the legal capacity and agrees to comply with these Terms of Use;Client is not a minor in the jurisdiction of their domicile;Client will not access the Website through automated or non-human means;Client will not use the Website for any illegal or unauthorized purpose;Client’s use of the Website will not violate any applicable law or regulation.

Non-disclosure agreement

In the course of the fulfilment of the service, you may disclose confidential information to us. We undertake to treat your confidential information confidentially and not to pass it on to uninvolved third parties. We ensure that only persons within our organisation who are required to provide the service to you have access to the confidential information.

Showcasing client work

You grant us the right to use the work created by us for you in the course of the service for our own advertising purposes. We do not share any confidential or personal information. We do not share information about or your source code. Unless agreed otherwise, the work that we share for advertising purposes is anonymised and is not traceable back to you. Types of work we share for advertising purposes can include, but not exclusively, techniques / strategies used, lessons learned or achieved results. If you do not wish us to do so, you can withdraw the right to use the work for advertising purposes by sending an email to nda@coede.dev. This will not result in any disadvantages for you. All publications up to the point at which the right is withdrawn remain unaffected.

Limitation of liability

We are liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations, the fulfilment of which is essential for the proper performance of the contract, the breach of which jeopardises the achievement of the purpose of the contract and on the observance of which the customer regularly relies. In the latter case, however, we shall only be liable for the foreseeable damage typical of the contract. The Company is not liable for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys' fees, court costs, fines, forfeitures or other damages or losses arising from your use of our website or any services provided through our website. We do not warrant that our website will be uninterrupted, error-free, or free of harmful components.

Booking calls

You agree to provide accurate and truthful information when booking a call with us. Spam bookings, which include booking calls with false information or without genuine interest in our services, are strictly prohibited. We reserve the right to cancel any bookings that we suspect to be spam or fraudulent, and to take appropriate action against users who engage in such activities.

Connection Interruptions

The company does not guaranty or warrant the Website will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond the Companies's control. Client agrees that the Company shall not be liable to Client for any loss, damage or inconvenience caused by Client's inability to access or use the Website during any interruption in the connection or service.

Termination

We reserve the right to terminate or suspend your access to our website and services without prior notice if you violate these Terms of Service or engage in any conduct that we deem inappropriate or harmful.

Changes to this agreement

We are authorised to amend or supplement these terms and conditions. We shall notify the customer of the amendments or additions in text or written form at least six weeks before they come into effect. If the customer does not agree with the changes or additions to the terms and conditions, he may object to the changes with a notice period of one week to the date on which the changes or additions are intended to take effect. The objection must be made in text or written form. If the customer does not object, the changes or additions to the terms and conditions shall be deemed to have been approved by the customer. We shall specifically draw the customer's attention to the intended significance of his behaviour when notifying him of the amendments or additions to the terms and conditions.

Final provisions and place of jurisdiction

  1. Should an individual provision of these General Terms and Conditions be invalid, the remaining provisions shall remain valid.
  2. The contract language is German.
  3. The law of the Federal Republic of Germany shall apply to all disputes arising from or on the basis of this agreement, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply to consumers if it is not opposed by mandatory consumer protection provisions of the country in which the consumer has his habitual residence at the time of his order.
  4. If the Buyer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Buyer and the Seller shall be the registered office of the Seller.

Effective Date

These Terms are effective as of 15th April 2025.

Contact Information

For any questions or complaints regarding the Website, please contact the Company at: support@coede.dev.