(1) These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded between
in2vert UG (haftungsbeschränkt)
Ganzenmüllerstr. 36
80999 Munich
Germany
Managing Director: Eugen Kochtyrew
Email: mail@genicsecops.com
VAT ID: DE359566244
(hereinafter referred to as "Provider") and the customer (hereinafter referred to as "Customer").
(2) These GTC apply to both consumers and entrepreneurs, unless a distinction is made in the respective clause.
(3) A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional in nature (§ 13 German Civil Code).
(4) An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 German Civil Code).
(1) The subject matter of these GTC is the regulation of the contractual relationships between the Provider and the Customer regarding the services offered by the Provider in the areas of IT Security Consulting, Cloud & DevOps Security Services, Security Training & Awareness, Compliance & Governance, Business Continuity & Risk Management, and Fractional CISO Services.
(2) The Provider offers in particular the following services: individual consulting services
(3) The Provider also provides training apps that can be used free of charge after registration.
(4) The Provider offers paid training courses, which are usually conducted over a period of two months and are settled with a one-time payment.
(5) The exact scope of the services to be provided by the Provider is determined by the respective offer, the contract, or the service description on the Provider's website.
(1) The presentation of services on the Provider's website does not constitute a legally binding offer, but rather an invitation to submit an offer (invitatio ad offerendum).
(2) The conclusion of the contract can take place in different ways:
(3) For individual consulting services, the Provider prepares an individual offer at the Customer's request. The contract is concluded when the Customer accepts this offer.
(4) When registering for paid training courses, the Customer submits a binding offer by clicking the button "Order with obligation to pay" or a similar unambiguous wording. The contract is concluded when the Provider accepts this offer by sending an order confirmation via email.
(5) When registering for free training apps, the contract is concluded upon successful completion of the registration process.
(1) The prices for the offered services and training courses are specified in the respective offer, the contract, or the price information on the Provider's website.
(2) All prices are in Euro and subject to the applicable statutory value-added tax, unless expressly stated otherwise.
(3) The payment terms are as follows:
(4) The Customer can make the payment by bank transfer or via the payment service provider Stripe. The available payment methods are displayed to the Customer during the ordering process.
(5) In case of late payment, the Provider is entitled to charge default interest at a rate of 5 percentage points above the base interest rate for consumers and 9 percentage points above the base interest rate for entrepreneurs. The Provider reserves the right to prove higher damages.
(6) The Customer has a right to offset only if their counterclaims have been legally established or acknowledged by the Provider. The Customer may exercise a right of retention only if their counterclaim is based on the same contractual relationship.
(1) The type of service provision (e.g., on-site at the Customer's premises, remote, or combined) is individually agreed upon and depends on the respective service.
(2) Dates and deadlines for service provision are individually agreed upon. Unless expressly designated as binding, dates are non-binding.
(3) The Provider is entitled to use qualified subcontractors to fulfill its contractual obligations.
(4) The Provider is entitled to provide partial services, as far as these are reasonable for the Customer.
(5) Force majeure and other extraordinary circumstances release the Provider from the obligation to perform for the duration of their effects and, if they lead to the impossibility of performance, completely from the obligation to perform. Any contractual penalty agreed upon shall also be deemed not forfeited under these circumstances.
(1) All content on the Provider's website, in the training apps, and in other materials provided by the Provider is subject to copyright protection and other protective laws. The ownership and all rights to the content belong exclusively to the Provider.
(2) The Customer receives a simple, non-transferable, and non-sublicensable right to use the content provided by the Provider, to the extent and for as long as necessary for the contractual use of the services.
(3) The Customer is not permitted to reproduce, distribute, make publicly available, or otherwise use the content, unless expressly permitted by the Provider or necessary for contractual use.
(4) The Provider remains the owner of all rights to methods, procedures, techniques, know-how, and other work results that are created or used in the course of service provision.
(5) For customer-specific work results, the Customer receives a non-exclusive, temporally and spatially unlimited right of use for their own internal company purposes after full payment of the agreed remuneration.
(1) The Customer is obligated to provide the Provider with all information and documents necessary for the performance of the agreed services in a timely manner.
(2) The Customer is obligated to provide reasonable support to the Provider in the performance of services, as far as necessary and reasonable. This includes, in particular, the provision of access, contact persons, and resources.
(3) If the Customer fails to fulfill their obligations to cooperate, this may lead to delays in service provision. In this case, the Provider is not responsible for resulting delays.
(1) The Provider performs its services with industry-standard care and to the best of its knowledge and belief.
(2) For services, the Provider warrants the careful and professional provision of the agreed services. A specific success is not owed, unless expressly agreed upon.
(3) For paid training courses, the Provider warrants the professional execution and the communication of the announced content.
(4) For free training apps, no warranty is given for their constant availability or freedom from errors.
(5) The Customer is obligated to report defects immediately after discovery in text form (e.g., by email). For obvious defects, the notification period begins with the acceptance of the service; for hidden defects, with their discovery.
(6) In case of defects, the Provider has the right to remedy the defect. Only if the remedy fails twice, the Customer is entitled to further statutory warranty rights.
(7) The statutory warranty claims of consumers remain unaffected.
(1) The Provider is liable without limitation for damages resulting from injury to life, body, or health that are based on an intentional or negligent breach of duty by the Provider, its legal representatives, or its agents.
(2) For other damages, the Provider is only liable if they are based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives, or its agents.
(3) Liability for the slightly negligent breach of essential contractual obligations (cardinal obligations) is limited to the foreseeable, contract-typical damage at the time of conclusion of the contract. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the Customer may regularly rely.
(4) Liability for financial losses is limited to 500,000 EUR per case of damage. Liability for personal injury is limited to 3,000,000 EUR per case of damage. The Provider maintains appropriate liability insurance.
(5) Liability under the Product Liability Act remains unaffected.
(6) The Provider is not liable for the loss of data if the damage would not have occurred with proper data backup by the Customer. The Customer is responsible for the regular backup of their data.
(7) The Provider assumes no liability for the uninterrupted availability of the free training apps or for specific results that are to be achieved through the use of the services.
(1) The contracting parties undertake to treat all confidential information, business and trade secrets of the other party obtained in the course of the contractual relationship as confidential and to use them only for the purposes of the respective contract.
(2) This obligation continues to apply after the termination of the contractual relationship.
(3) Unless otherwise agreed, details of the cooperation and the specific contract contents are treated confidentially. However, the contracting parties may name the fact of the cooperation as such for reference purposes, unless legitimate interests of the other party conflict with this.
(4) In addition to these GTC, the parties may conclude separate confidentiality agreements (Non-Disclosure Agreements, NDA).
(5) The processing of personal data takes place in accordance with the Provider's privacy policy, which can be viewed on the Provider's website.
(6) Insofar as the Provider processes personal data on behalf of the Customer in the course of service provision, the parties will conclude a separate data processing agreement in accordance with Art. 28 GDPR.
(7) The Provider stores all customer data encrypted in the AWS Cloud.
(1) The term of the contract is determined by the respective agreement between the Provider and the Customer.
(2) Contracts with an indefinite term can be terminated by either party with a notice period of two weeks to the end of the month, unless otherwise agreed.
(3) For fixed-term contracts (e.g., paid training courses), the contract ends automatically upon expiry of the agreed term, without the need for termination.
(4) The right of both parties to extraordinary termination for good cause remains unaffected. Good cause exists in particular:
(5) The termination must be in text form (e.g., email).
(1) Consumers have a statutory right of withdrawal for distance contracts. A consumer within the meaning of § 13 of the German Civil Code is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional in nature.
(2) The details of the right of withdrawal are set out in the withdrawal instructions that the Provider makes available to the Customer at the time of contract conclusion.
(3) The right of withdrawal expires for a contract for the supply of digital content that is not supplied on a physical medium if the Provider has begun to perform the contract after the consumer has:
(1) For business customers, different service levels may be agreed upon depending on the contract design. These are specified in the respective contract or offer.
(2) For business customers, the notification period for obvious defects is seven days from service provision.
(3) Unless otherwise agreed with business customers, the Provider's liability for slight negligence is limited to the typical and foreseeable damage for comparable transactions of this type.
(4) To comply with the text form requirement for declarations, transmission by email is sufficient for business customers.
(5) For business customers, German law applies exclusively within the scope of the business relationship with the Provider, excluding the UN Convention on Contracts for the International Sale of Goods.
(1) The Provider reserves the right to amend these GTC at any time, insofar as this is necessary for valid reasons, in particular due to changes in the legal situation or supreme court jurisdiction, technical changes or further developments, new organizational requirements of mass transactions, gaps in the GTC, changes in market conditions, or other equivalent reasons, and does not unreasonably disadvantage the Customer.
(2) Changes to the GTC will be communicated to the Customer at least six weeks before they take effect by email or in other text form. The changes will become effective if the Customer does not object in text form within this six-week period (beginning after receipt of the notification of change) and the Provider has informed the Customer of the possibility of objection and the significance of the six-week period. In the event of a timely objection by the Customer, the originally agreed terms continue to apply.
(3) In the event of an objection, the Provider is entitled to terminate the contract at the time the amended GTC come into effect, if adherence to the unchanged contract is unreasonable for the Provider.
(1) The European Commission provides a platform for online dispute resolution (OS), which can be found at https://ec.europa.eu/consumers/odr/ The Provider is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The place of performance is the Provider's registered office.
(3) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Munich, provided that the Customer is a merchant, a legal entity under public law, or a special fund under public law, or has no general place of jurisdiction in Germany. However, the Provider is also entitled to sue the Customer at their general place of jurisdiction.
(4) Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.
(5) Amendments and supplements to these GTC must be in text form. This also applies to the amendment of this text form clause.
Version: 4/25/2025