Legal Disclosures & Governance

2.1 Agreement formation. Services between SwiftAIBrain (Hohenzollernstraße 38, 80801 München, Germany) and the client are governed by a signed statement of work (SOW) or order form. Website content is informational and does not constitute a binding offer until an SOW is executed and any required deposit is received.

2.2 Scope and changes. Deliverables, timelines, and costs are fixed to the approved SOW. Material scope changes require written change orders with adjusted fees and schedules. Client-provided data, systems access, and feedback must be provided within agreed windows; delays may extend delivery dates.

2.3 Fees and payment. Invoices are due per SOW terms (default: 50% deposit to commence, 50% on milestone acceptance unless stated otherwise). Payment links processed via Stripe are subject to Stripe’s terms. Late amounts may accrue interest at the statutory maximum rate permitted under German law (§§ 288, 286 BGB).

2.4 Intellectual property. Upon full payment of all applicable fees, SwiftAIBrain assigns to the client all worldwide rights in client-specific deliverables created under the SOW, excluding pre-existing tools, frameworks, generic components, and third-party licenses. Open-source components remain under their respective licenses, listed in delivery documentation.

2.5 Client materials. The client warrants it has all rights to materials supplied for delivery and indemnifies SwiftAIBrain against claims arising from unauthorized use of such materials by SwiftAIBrain.

2.6 Confidentiality. Each party shall protect the other’s confidential information with at least the care it uses for its own, and shall not disclose it except to personnel and processors bound by equivalent obligations.

2.7 Warranties. Deliverables are warranted to materially conform to the SOW for 30 days after acceptance (or as stated in the SOW). Sole remedy for breach: re-performance or, if not commercially feasible, a pro-rata refund under section 4. Warranties do not cover misuse, unauthorized modification, or third-party platform changes outside our control.

2.8 Limitation of liability. To the maximum extent permitted by law, SwiftAIBrain’s aggregate liability arising out of an engagement is limited to the fees paid by the client for the affected SOW in the 12 months preceding the claim. Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or lost profits, except in cases of intent, gross negligence, or liability that cannot be limited under German law.

2.9 Term and termination. Either party may terminate for material breach if the breach remains uncured 14 days after written notice. On termination, client pays for work performed and non-cancellable commitments through the effective date. Sections on confidentiality, IP, payment, liability, and governing law survive.

2.10 Governing law. These terms are governed by the laws of Germany. Exclusive place of jurisdiction for merchants is Munich, Germany, to the extent permitted. Mandatory consumer protections under applicable EU law remain unaffected.

2.11 Contact for legal notices. Legal and contractual notices: SwiftAIBrain, Hohenzollernstraße 38, 80801 München, Germany · [email protected] · +49 175 6 382019.

3.1 What cookies are. Cookies and similar technologies (local storage, pixels) are small data files stored on your device when you visit swiftaibrain.com. They help the site function, remember preferences, and measure performance.

3.2 Strictly necessary. We use essential storage to maintain security, remember your cookie authorization decision (localStorage key: swiftai_cookie_consent), and support core site operations. These are required for the service to work and do not require consent under applicable ePrivacy rules.

3.3 Analytics and performance. If enabled, analytics cookies or privacy-friendly measurement tools help us understand aggregated traffic patterns, page performance, and navigation friction to improve the onboarding experience. We minimize data collection and do not use cross-site advertising profiles.

3.4 Third-party embeds. The contact page embeds Google Maps. Loading that map may result in Google receiving technical data (including IP address) as the map provider. You can avoid third-party map requests by contacting us via email or telephone instead of using the map embed.

3.5 Payment links. Payment pages are hosted by Stripe and governed by Stripe’s cookie and privacy policies. Clicking a Pay link transfers you to Stripe’s environment.

3.6 Managing preferences. You can accept or decline non-essential cookies via the floating banner. You may also delete cookies and block storage through your browser settings. Blocking essential storage may impair site functions such as consent memory.

3.7 Updates. We may revise this policy when tools or legal requirements change. The revision date is shown in the header of this legal review container. Questions: [email protected].

4.1 Deposits and project fees. Deposits secure engineering capacity and cover discovery, design, and initial build work already performed. Deposits are non-refundable once work has commenced, except as expressly stated below or where required by mandatory law.

4.2 Cancellation by client. If you cancel an active SOW before any substantive work has begun, deposits may be refunded in full less non-cancellable third-party costs. After work has begun, you remain responsible for a pro-rata share of fees corresponding to completed and committed milestones, plus non-cancellable costs incurred on your behalf.

4.3 Cancellation by SwiftAIBrain. If we cancel an SOW for reasons not attributable to client breach, unearned prepaid amounts are refunded on a pro-rata basis for work not performed. If we cancel for client material breach, unpaid amounts remain due and prepaid amounts are non-refundable to the extent work was performed.

4.4 Retainers and subscriptions. Monthly automation retainer fees cover reserved capacity and service availability. Retainers are billed in advance and are non-refundable for the current month once the service month has started. Cancel effective at the end of the current billing cycle with written notice at least 15 days before renewal.

4.5 Defective deliverables. If a deliverable materially fails to conform to the SOW, we will re-perform or remediate within a reasonable time at no additional cost. If re-performance is not commercially feasible and the defect is material, a pro-rata refund of fees for the affected component may be granted after good-faith remediation effort.

4.6 Third-party costs. Non-refundable costs paid to third parties (cloud credits, API usage, licensed data, payment processing fees) are passed through or retained as incurred unless we are at fault for non-delivery.

4.7 How to request a refund. Email [email protected] with the SOW or invoice reference, a description of the issue, and requested remedy. We acknowledge requests within 2 business days and decide within 10 business days of receiving complete information.

4.8 Statutory rights. Nothing in this policy limits mandatory consumer rights under applicable German or EU law. Business-to-business terms follow the SOW and the Terms of Service above.

4.9 Payment channel refunds. Where payment was made via a Stripe payment link, refunds are processed through the original payment method by Stripe where possible. Bank transfer refunds follow the same policy terms.