TermsofService

These terms govern (a) your use of the Feinwerk Software website and (b) the general basis on which Feinwerk Software (“Feinwerk”, “we”) provides software design, engineering and related services to business clients (“you”).

Every engagement is additionally governed by a written proposal or statement of work (“SOW”) that describes scope, deliverables, timeline and fees. If a SOW conflicts with these terms, the SOW prevails for that engagement.

The website is provided for information about our services. You may browse it and share links to it. You may not scrape it at scale, use it to send unsolicited messages, attempt to breach its security, or reproduce its content commercially without permission.

Case studies describe work delivered for clients. Product names and logos shown belong to their respective owners and are used to identify the work, not to imply endorsement of this site.

Estimates given in conversation or email are indicative. A binding quote is one we issue in writing as a proposal or SOW, and it is valid for 30 days unless stated otherwise.

Fixed-price engagements cover the scope written in the SOW. Work outside that scope is agreed in writing as a change request before it starts, with its effect on price and timeline.

We deliver in increments, typically weekly, to a staging environment you can review. Each milestone is accepted when you confirm it in writing or when ten business days pass after delivery without a written list of defects, whichever comes first.

A defect is a material deviation from the agreed scope. We correct defects reported during the acceptance window at no additional cost. Changes in preference or scope are handled as change requests.

• Provide timely access to the people, systems, credentials and content the work depends on.
• Review deliverables and give feedback within the agreed windows.
• Ensure that content and data you supply do not infringe third-party rights or applicable law.
• Hold the accounts (cloud, domains, third-party services) in your own name where the SOW says so.

Fees are stated in the SOW in EUR or USD, exclusive of VAT and other applicable taxes. Fixed-price work is invoiced per milestone; retainers and dedicated teams are invoiced monthly in advance.

Invoices are payable within 14 days. We may pause work on overdue accounts after written notice and charge statutory default interest. Third-party costs incurred on your behalf (cloud usage, licences, APIs) are passed through at cost unless the SOW says otherwise.

On full payment of the fees for a deliverable, you own the custom code, designs and documentation we created for you under that SOW, and we assign our rights in them to you.

We retain ownership of pre-existing materials, generic tooling, templates and know-how we bring to the project, and grant you a perpetual, non-exclusive licence to use them as part of the deliverables. Open-source components remain under their own licences.

Unless you ask us not to in writing, we may name you as a client and describe the work in general terms in our portfolio after launch.

Each party keeps the other’s non-public business, technical and financial information confidential, uses it only for the engagement and protects it with reasonable care, during the engagement and for three years afterwards. We sign a separate NDA on request before discovery.

Where we process personal data on your behalf, we do so as your processor under a data processing agreement that meets Art. 28 GDPR. Our own handling of website and enquiry data is described in the privacy policy.

We warrant that services are performed with the skill and care expected of a professional software studio and that deliverables will materially conform to the SOW for 30 days after acceptance. Our sole obligation for breach of this warranty is to correct the non-conformity.

Except as stated here, deliverables are provided without other warranties, express or implied, including fitness for a particular purpose. We do not warrant that software will be error-free or that third-party services will remain available or unchanged.

To the extent permitted by law, our total liability arising out of an engagement is limited to the fees paid under the relevant SOW in the twelve months before the claim. Neither party is liable for indirect or consequential loss, lost profits or lost data, except in cases of intent, gross negligence, injury to life or health, or where liability cannot be limited by law.

Either party may end a retainer or dedicated-team engagement with 30 days’ written notice. Fixed-price engagements may be terminated for material breach not remedied within 14 days of notice.

On termination you pay for work performed and non-cancellable costs up to the termination date, and we hand over the work completed to that point.

For clients contracting with our German office, 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, and the courts of Stuttgart have exclusive jurisdiction where permitted. For clients contracting with our Asian office, the laws of Pakistan apply and the courts of Islamabad have jurisdiction. The SOW states which office is contracting.

Before starting proceedings, both parties agree to attempt to resolve any dispute through good-faith discussion between senior representatives for at least 30 days.

• If any provision is unenforceable, the rest remains in effect.
• Neither party may assign an engagement without the other’s consent, except to a successor of its business.
• Neither party is liable for delay caused by events beyond its reasonable control.
• These terms, together with the SOW and any NDA or DPA, are the entire agreement for an engagement.
• We may update these terms for future engagements; the version in force when a SOW is signed applies to that SOW.