Terms of Service

1. Scope and Applicability

These Terms of Service (“Terms”) govern all agreements, services, and interactions between BluewingsAI – Bagus Wisanggeni (“Provider”, “we”, “us”, “our”) and any client, partner, or website visitor (“Client”, “you”, “your”). By using our services or accessing our website [bluewingsai.com], you agree to be bound by these Terms. Deviations from these Terms require our prior written consent.

2. Services

BluewingsAI provides consulting and implementation services in the field of Artificial Intelligence (AI), automation, and related digital solutions. The specific scope, deliverables, and fees of each engagement are defined in individual service agreements or proposals.

3. Formation of Contract

A binding contract is established once:

• You accept a written offer from us (e.g., via email or signed proposal), or
• We confirm your order in writing.

Pre-contractual discussions, free consultations, or exploratory calls do not constitute binding obligations unless expressly confirmed.

4. Fees and Payment Terms

1. Unless otherwise agreed, all fees are quoted in Euro (€) and subject to applicable VAT under German law.
2. Invoices are payable within 14 calendar days of the invoice date, without deduction, to the bank account specified on the invoice.
3. In the event of default, we reserve the right to charge statutory interest on arrears as well as reasonable collection costs.
4. We may require advance payments or retainers before commencing services.
5. AI Audit engagements: The agreed fee must be paid in full prior to delivery of the final presentation and/or submission of the audit report. The audit process typically requires 7-10 business days from project kick-off. Delivery of the results is expressly conditional upon receipt of full payment.

5. Client Obligations

1. You must provide us with all information, data, and access reasonably required for the performance of our services.
2. You confirm that all materials, data, or instructions you provide do not infringe third-party rights.
3. You remain responsible for compliance with applicable laws and regulations in your use of AI tools and automation implemented by us.

6. Intellectual Property

1. Unless otherwise agreed in writing, all intellectual property rights in methodologies, frameworks, templates, or tools developed by us remain our property.
2. Upon full payment, you are granted a non-exclusive, non-transferable right to use the deliverables for your internal business purposes.
3. Transfer, resale, sublicensing, or publication of deliverables requires our prior written consent.

7. Confidentiality

1. Both parties undertake to treat all non-public information received from the other party as confidential.
2. Confidential information may only be disclosed to third parties with the prior written consent of the disclosing party, unless required by law.
3. These obligations remain in force for three (3) years after termination of the contract.

8. Data Protection

We process personal data exclusively in accordance with the General Data Protection Regulation (GDPR) and applicable German data protection laws. Further details are provided in our Privacy Policy. Clients are responsible for ensuring that any personal data they provide to us may be lawfully shared and processed.

9. Limitation of Liability

1. We are liable for intent and gross negligence in accordance with statutory provisions.
2. In cases of slight negligence, we are only liable for damages resulting from the breach of essential contractual obligations (cardinal duties); such liability is limited to foreseeable and typical damages.
3. Liability for indirect damages, loss of profit, data loss, or consequential damages is excluded unless caused by intent or gross negligence.
4. Liability under the German Product Liability Act and for injury to life, body, or health remains unaffected.

10. Term and Termination

1. Unless otherwise agreed, each service agreement is valid for the duration specified in the proposal.
2. Either party may terminate the agreement for good cause with immediate effect if the other party materially breaches its obligations.
3. Termination must be in written form (text form is insufficient).

11. Governing Law and Jurisdiction

1. These Terms are governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. Place of performance and exclusive jurisdiction for all disputes arising from or in connection with these Terms is Hamburg, Germany, provided you are a merchant within the meaning of the German Commercial Code (HGB).

12. Final Provisions

1. If any provision of these Terms is held invalid or unenforceable, the validity of the remaining provisions shall not be affected.
2. These Terms may be updated from time to time. The version published on our website at the time of contract conclusion shall apply.
3. Side agreements, amendments, or modifications must be made in writing.