Terms of Service

Effective Date: January 1, 2025

Last Updated: January 1, 2025

1. Service Agreement

These Terms of Service ("Terms") govern your use of DAMSED's software engineering services. By engaging our services, you agree to these terms.

1.1 Services Provided

DAMSED provides professional software engineering services including:

• Custom software development
• SaaS platform development
• System architecture and design
• Technical consulting
• DevOps and infrastructure services
• Security implementation and audits

2. Project Scope and Deliverables

2.1 Statement of Work

Each project begins with a detailed Statement of Work (SOW) that defines:

• Project scope and objectives
• Technical specifications
• Timeline and milestones
• Payment terms
• Deliverables and acceptance criteria

2.2 Change Requests

Any changes to the agreed scope require written approval and may result in additional charges and timeline adjustments.

3. Payment Terms

3.1 Pricing

Pricing is established in the SOW and may be based on:

• Fixed project fee
• Hourly rates
• Monthly retainer
• Milestone-based payments

3.2 Payment Schedule

Payment terms are typically:

• 50% upfront for projects under €10,000
• Milestone-based payments for larger projects
• Net 15 payment terms
• Late payments may incur 1.5% monthly interest

4. Intellectual Property

4.1 Client Ownership

Upon full payment, all custom code developed specifically for your project becomes your property.

4.2 Pre-existing IP

DAMSED retains ownership of:

• Pre-existing frameworks and tools
• General methodologies and processes
• Reusable code libraries

4.3 Third-party Components

Third-party libraries and services remain subject to their respective licenses.

5. Confidentiality

DAMSED maintains strict confidentiality of all client information and project details. We will:

• Not disclose confidential information to third parties
• Use information solely for project purposes
• Implement appropriate security measures
• Sign additional NDAs when required

6. Warranties and Liability

6.1 Quality Assurance

We warrant that services will be performed with professional skill and care according to industry standards.

6.2 Limitation of Liability

DAMSED's liability is limited to the amount paid for services. We are not liable for:

• Indirect or consequential damages
• Loss of profits or business interruption
• Third-party claims
• Data loss (client responsible for backups)

6.3 Bug Fixes

We provide 90 days of free bug fixes for delivered code under normal operating conditions.

7. Data Protection

We comply with GDPR and German data protection laws. See our Privacy Policy for details.

8. Termination

8.1 Termination by Client

Clients may terminate with 14 days written notice. Payment is due for all completed work.

8.2 Termination by DAMSED

We may terminate for non-payment or breach of terms with 14 days notice.

9. Force Majeure

Neither party is liable for delays caused by circumstances beyond reasonable control.

10. Governing Law

These terms are governed by German law. Disputes will be resolved in German courts.

11. Contact Information

For questions about these terms:

• Email: info@damsed.com
• Address: Germany