General Terms and Conditions

1. SCOPE OF APPLICATION

1.1These General Terms and Conditions ("GTC") apply to all offers and agreements in which Lean-Coders GmbH ("Lean-Coders") acts as the provider or supplier of products and/or services. The version valid at the time of the conclusion of the contract is decisive.

1.2Lean-Coders provides its services exclusively to entrepreneurs. The customer expressly confirms with the submission of their contractual declaration that they are an entrepreneur within the meaning of the UGB and that the business is part of the operation of their company.

1.3The contractual basis of the business relationship between Lean-Coders and the customer consists of (i) the offer from Lean-Coders along with the acceptance of the offer by the customer, (ii) the service description of the respective product(s) ("Service Description"), (iii) these GTC (collectively referred to as "Contract" or "Contractual Basis"). In the event of contradictions or deviations, the mentioned contractual components apply in the stated order.

1.4With the customer's contractual declaration, the contractual bases are acknowledged. The GTC apply to this contract as well as to all future contracts, even if they are not expressly agreed again. The contractual bases also apply to changes made after the conclusion of the contract. The GTC also apply in the event of a change in the legal form of Lean-Coders (Point 15.7).

1.5Customer terms and conditions that contradict these GTC or deviate from them or from dispositive law will not become part of the contract unless Lean-Coders has expressly agreed to such conditions in individual cases.

1.6Lean-Coders is entitled to change these GTC at any time. The customer agrees to such changes now. Lean-Coders will inform the customer about the change of the GTC ("Notification"). The amended GTC will become effective after 2 months from the sending of the notification to the customer. If the customer does not agree with the change, they are entitled to terminate this contract within a period of 30 days from the receipt of the notification. If the customer terminates, the contract ends at the end of the month in which the termination is received by Lean-Coders.

1.7These GTC also apply to employees, staff, and members of the customer's organization as well as all agents, independent sales representatives, and contractors with whom the customer collaborates or who are attributable to the customer. The customer expressly undertakes to pass on the rights and obligations from this contract to these persons in writing.

2. SERVICES OF LEAN-CODERS

2.1 Lean-Coders offers services primarily in the area of software development, including process calculation and optimization, website creation, hosting, and software service. Special regulations apply to individual services as specified in Points 7 to 10, as far as applicable in the specific case. Otherwise, the other provisions of these GTC apply to all services of Lean-Coders.

2.2 Lean-Coders is entitled, at its discretion, to perform the services it has undertaken itself or to use third parties ("subcontractors") in providing the services.

2.3 If Lean-Coders mediates third-party services at the customer's request, these contracts are concluded exclusively between the customer and the third party under the respective terms and conditions of the third party. Lean-Coders is only responsible for the services it has provided itself. The services of Lean-Coders do not include the transmission of information into a communication network or the provision of access to a communication network (§ 13 ECG).

2.4 It is expressly noted that barrier-free design in accordance with the Federal Act on the Equal Treatment of Persons with Disabilities (Federal Disability Equality Act – BGStG) is not included in the offer unless specifically requested by the customer. If barrier-free design has not been agreed upon, it is the customer's responsibility to check the service for its permissibility concerning the Federal Disability Equality Act.

2.5 Both contracting parties can request changes to the scope of services at any time ("Change Request"). A desired change must provide a precise description of the change, the reasons for the change, and the impact on scheduling and costs. A Change Request requires acceptance by the other party to be binding.

2.6 Until full payment is made, Lean-Coders reserves ownership of all hardware and software products delivered by it.

3. CONTRACT DURATION

3.1 If there is a continuous obligation between the customer and Lean-Coders (e.g., for hosting or software service), the contract is concluded for an indefinite period. The contract can be terminated with a notice period of 3 months at the end of each quarter by registered letter or by email to the other contracting party. Timely posting is sufficient.

4. FEES AND PAYMENT TERMS

4.1 Lean-Coders is entitled to the agreed fee for its services, otherwise a reasonable fee.

4.2 Price lists are subject to price changes, errors, and printing mistakes.

4.3 Unless otherwise stated, the fee is understood to be plus statutory VAT.

4.4 Cash expenses will be reimbursed against appropriate proof.

4.5 Travel times of employees of Lean-Coders are considered working time and will be compensated at the agreed hourly rate. Additionally, travel costs and any overnight costs will be reimbursed by the customer based on actual expenses. Reimbursement of travel and incidental costs will occur upon presentation of receipts (copies).

4.6 Lean-Coders is entitled at any time to make the provision of services dependent on the provision of advance payments or the provision of other securities by the customer in reasonable amounts.

4.7 In the case of continuous obligations, Lean-Coders is entitled to increase the fee annually in proportion to the increase in the consumer price index published by Statistics Austria 2010. The starting point is the index number published for the month of the conclusion of the contract. If the consumer price index is no longer maintained by Statistics Austria, the index published as a substitute will be used for value adjustment.

4.8 Changes to the fee beyond Point 4.7 as well as changes to the scope of services are only possible with the customer's consent. Lean-Coders will inform the customer about the desired change and the time of its entry into force. Such changes will become effective after 2 months from the sending of the notification.

4.9 The customer is not entitled to offset their own claims against claims of Lean-Coders, unless it concerns claims that have been legally established or expressly acknowledged by Lean-Coders. A right of retention by the customer is excluded.

4.10 The fee is due for payment immediately upon invoicing using payment methods accepted by Lean-Coders unless otherwise agreed.

4.11 Invoices are payable without any deductions and free of charge.

4.12 All taxes, fees, and charges arising from the contractual relationship, such as transaction fees or copyright fees, are borne by the customer.

4.13 In the event of payment default, default interest must be paid in any case in accordance with § 456 UGB for transactions between entrepreneurs.

4.14 The customer must also reimburse reminder fees and the costs (including out-of-court) of legal intervention that are necessary for appropriate legal enforcement.

5. GENERAL OBLIGATIONS OF THE CUSTOMER

5.1 The customer will use the services of Lean-Coders exclusively in their own name towards their contractual partners (end customers). Lean-Coders acts only as a fulfilling agent of the customer towards the end customers, not in its own name.

5.2 Lean-Coders does not provide services in connection with the acceptance and transmission of orders or with preparatory work for concluding contracts or assisting in their administration and fulfillment.

5.3 The customer will provide all necessary information and documents for the service provision by Lean-Coders. The customer will also provide the necessary cooperation for the service provision.

5.4 In particular, the customer will provide all information, data, and documents required by Lean-Coders for the execution of the order at the agreed times and at their own expense in the form requested by Lean-Coders. Changes in the customer's workflows that may cause changes in the services to be provided by Lean-Coders require prior coordination with Lean-Coders.

5.5 If services are provided on-site at the customer's location, the customer will provide all necessary network components, connections, power supply, emergency power supplies, space for equipment, workplaces, and infrastructure free of charge. The customer is responsible for room and building security. The customer is not entitled to give instructions to Lean-Coders' employees.

5.6 Unless expressly included in the scope of services of Lean-Coders, the customer will ensure network connectivity at their own risk and expense.

5.7 The customer is obliged to treat the passwords and logins required to use Lean-Coders' services confidentially.

5.8 The customer will also keep the data and information provided to Lean-Coders in such a way that they can be reconstructed at any time in case of loss or damage.

5.9 The customer will fulfill all cooperation obligations in a timely manner so that Lean-Coders is not hindered in providing the services. The customer ensures that Lean-Coders and/or the third parties commissioned by Lean-Coders receive the necessary access to the premises of the customer.

5.10 In the event of a breach of cooperation obligations, Lean-Coders has a right of withdrawal in accordance with § 1168 Abs 2 ABGB after setting a grace period of at least 14 days while maintaining the full entitlement to payment. A set-off in accordance with § 1168 Abs 1 ABGB is excluded.

5.11 The customer will designate a contact person familiar with the situation and authorized for Lean-Coders for the entire specified project duration, who can provide binding information and orders for the customer in case of inquiries.

6. GENERAL DISCLAIMER OF LIABILITY

6.1 Lean-Coders provides only technical solutions according to the wishes and needs of its customers. Lean-Coders provides its services exclusively to the customer and has no contractual or legal relationship with third parties. The customer expressly confirms to use the services of Lean-Coders only for lawful purposes in compliance with all applicable legal regulations. Lean-Coders disclaims any liability for the use of its services by the customer towards third parties.

6.2 The customer is not entitled to use the services of Lean-Coders in an unlawful or abusive manner. The customer may only use the services of Lean-Coders within the legally permissible framework.

6.3 The customer is solely responsible for the content provided by them and the information transmitted. Lean-Coders has no obligation to review the content provided by the customer. Lean-Coders is not liable for the accuracy or completeness of transmitted data. No liability for data loss is assumed.

6.4 Lean-Coders is not obliged to check the permissibility of the data processing commissioned by the customer in terms of data protection regulations. Lean-Coders does not process this data for its own purposes but exclusively on behalf of the customer and is to be regarded solely as a data processor regarding this data.

6.5 Lean-Coders is entitled to suspend or terminate the provision of services to the customer if the customer violates their contractual or legal obligations or if Lean-Coders investigates suspected misconduct.

6.6 The customer indemnifies Lean-Coders against all damages, liabilities, costs, and claims of third parties that arise in particular from:

a) the violation of legal or contractual obligations by the customer;

b) unlawful activities of the customer;

c) the content and information provided by the customer;

d) the violation of copyright, usage, or personal rights by the customer;

e) the fulfillment of criminal offenses, in particular under the StGB, UWG, or DSG by the customer;

f) violations of consumer protection regulations (Consumer Protection Act, E-Commerce Act, Telecommunications Act) by the customer;

g) the violation of copyrights, related rights, other industrial property rights, or personality rights by the customer;

h) private prosecutions for defamation or insult by the customer;

i) media law claims or offenses caused by the customer;

j) offenses of defamation or damage to credit set by the customer;

k) violations of regulations to prevent money laundering or terrorist financing by the customer;

l) cases of force majeure according to Point 6.10.

6.7 This also includes reasonable costs of an out-of-court legal defense. Lean-Coders will promptly notify the customer of such claims and inform them of the dispute in case of legal action.

6.8 The customer is aware that the services provided by Lean-Coders are based on electronic processes that can be disrupted despite security measures. Lean-Coders is not liable for disruptions of the internet or the connection to the customer or third parties. Lean-Coders is not liable for network problems or system failures at the customer or third parties.

6.9 Lean-Coders is not liable in the event of non-fulfillment or complete or partial delay in fulfilling its obligations if this is not attributable to Lean-Coders. In such a case, the customer has no claim for damages, and Lean-Coders is entitled to the agreed fee without deductions.

6.10 In the event of force majeure or other unforeseeable, extraordinary, and unavoidable circumstances (e.g., legal or official orders, difficulties in obtaining materials, operational disruptions, computer viruses, hackers, malware, severe weather, earthquakes, strikes, war, or terrorism), Lean-Coders is released from its performance obligations and is not liable for damages caused thereby.

6.11 In general, Lean-Coders' liability for slight negligence – with the exception of personal injury – is excluded.

6.12 Likewise, Lean-Coders' liability for gross negligence – with the exception of personal injury – is excluded.

6.13 The burden of proof for gross negligence or intent lies with the customer.

6.14 Lean-Coders is not liable for (i) lost profits, (ii) pure property damages, (iii) consequential damages – with the exception of personal injury or intent.

6.15 Liability in the event of damage is limited to a maximum of the amount of the fee or, in the case of continuous obligations, to an annual fee. This limitation applies to each damaging event concerning the totality of the injured parties.

6.16 If data backup is expressly agreed as a service, liability for the restoration of data is limited to a maximum of EUR 10% of the order amount per damage case, but a maximum of EUR 15,000.

6.17 Further warranty and damage claims of the customer, regardless of the legal reason, are excluded.

6.18 Damage claims expire within six months from knowledge of damage and injurer, but at the latest three years after the occurrence of the damaging event.

7. SOFTWARE DEVELOPMENT AND WEBSITE CREATION

7.1 The provision of services by Lean-Coders in the area of software programming and website creation is generally based on the approach of agile software development. After programming each module, feedback from the customer is obtained to coordinate further development together. Therefore, there are no binding schedules. The progress of the project largely depends on the cooperation of the customer.

7.2 Lean-Coders will consider the customer's factual feedback on each development step and adjust the software/website accordingly. Once this is done, the customer must approve the module for further development.

7.3 After completion of the work, the customer is obliged to accept the work offered by Lean-Coders for acceptance and to confirm the acceptance in writing upon request.

7.4 If the customer refuses the properly offered acceptance without valid reason, the work is deemed accepted. This also applies if the customer does not respond to the acceptance offer within 14 days.

7.5 Unconditional payment of the final invoice is considered acceptance of the work.

7.6 With acceptance, the handover of the work to the customer is connected. The performance obligation of Lean-Coders is considered fulfilled. From this point on, the customer bears the risk of accidental loss.

7.7 The services of Lean-Coders in the area of software development or website creation are billed monthly unless otherwise agreed in the contract. If the customer is more than 7 days overdue in paying an invoice, Lean-Coders is entitled to refuse further service provision until the invoice is paid and, after setting a grace period of an additional 7 days, to withdraw from the contract.

7.8 If the customer is more than 7 days overdue in paying the invoice, Lean-Coders is entitled to take the website offline without further warning, provided the website is hosted by Lean-Coders. After full payment, the website will be brought back online within 3 working days.

7.9 If Lean-Coders considers the content provided by the customer to be questionable, particularly due to suspicion of violation of copyright, usage, or personal rights or other legal or moral violations, Lean-Coders has the right not to include this content and to withdraw from the contract with immediate effect at its discretion. In this case, Lean-Coders is entitled to demand proportional compensation for the work performed so far.

8. GRANTING OF RIGHTS

8.1 With acceptance and after full payment of all outstanding claims, the customer acquires the agreed rights to the service or work, in particular the copyright exploitation rights according to the agreement and the following provisions.

8.2 Unless otherwise agreed, the customer acquires a simple, non-exclusive, and non-transferable usage license within the meaning of § 24 Abs 1 Satz 1 UrhG to use the work to the agreed extent for the contractually agreed purposes for their own internal use.

8.3 When using templates, the customer acquires usage licenses only to the extent that Lean-Coders has been authorized by the supplier of the templates to grant such licenses.

8.4 For software used in a network, a license is required for each simultaneous user. For software used on "stand-alone PCs," a license is required for each PC.

8.5 For software products of third parties provided to the customer, the respective license terms of the manufacturer apply primarily.

8.6 In the event of infringement of copyright and other protection rights, Lean-Coders is entitled to take defensive measures but is not obliged to do so. At the customer's request, Lean-Coders will assign the respective claims to the customer for legal enforcement.

8.7 In the case of individual development or individual design of a website, the customer acquires the non-transferable, exclusive right of use within the meaning of § 24 Abs 1 Satz 2 UrhG. This right of use exists for the design as well as for the entire website, but not for the underlying concept and programming (source code). However, the customer is granted access to the source code to enable adaptation and further development.

8.8 Any use beyond § 18a UrhG, even partial use, particularly in the context of other media such as illustrations in print media, requires a separate written agreement with Lean-Coders for a separate fee.

8.9 A license or right to edit is acquired by the customer only to the extent that the website provides for the customer's design of content (e.g., posting newsletters, blogs, etc.) or as far as it is necessary for the adaptation and further development of the software.

8.10 The granting of usage licenses or rights only includes use for the customer's own purposes. A transfer or granting of usage rights to third parties by the customer is excluded in any case, even if it concerns companies affiliated with the customer.

8.11 All documents provided to the customer, especially the documentation, may not be duplicated or distributed in any way, whether for payment or free of charge.

8.12 Lean-Coders has the right to place a copyright notice at suitable places in the produced website at its discretion. The copyright notice may not be removed or altered by the customer.

8.13 Lean-Coders has the right to refer to the services provided for the customer for self-promotion, in particular to name the project on its own homepage and in presentations as well as to publish images (e.g., screenshots) and descriptions. Furthermore, Lean-Coders is entitled to mention the customer in its reference list.

8.14 Unless otherwise agreed in the contract or in this Point 8, no further rights are granted to the customer. All copyright and other intellectual property rights to the services of Lean-Coders belong exclusively to Lean-Coders.

9. HOSTING

9.1 If the storage of websites or information entered by the customer (hosting) is part of the services to be provided by Lean-Coders, Lean-Coders will – unless otherwise agreed – perform the hosting on a third-party server or within a cloud service.

9.2 Web hosting contracts are concluded for one year and can be terminated by both contracting parties at the end of the contract term with a notice period of two months. In the absence of timely termination, the contractual relationship automatically extends for another year.

9.3 If the customer does not pay the fee for hosting within 2 months after invoicing, Lean-Coders has the right to terminate the hosting contract immediately without further requirements.

9.4 Access to the server (cloud) is via a client based on open-source software. The customer undertakes to comply with the terms of use of the respective provider.

9.5 A customer account will be opened for the customer, and access data will be transmitted to the customer. The customer undertakes to keep the access data secure and confidential. The account may only be used personally by the customer.

9.6 The function of Lean-Coders is limited to providing a technical platform for storing the customer's data. The content is provided exclusively by the customer, who is solely responsible for the content. Lean-Coders is not obliged to monitor the content provided by the customer in general.

9.7 As soon as Lean-Coders becomes aware of unlawful activity or information, Lean-Coders is entitled to remove the information or block access to it. The customer indemnifies Lean-Coders against all damages in connection with unlawful activities or information.

9.8 Lean-Coders takes all necessary measures to protect the data according to the state of the art, as far as they lie within its sphere. Lean-Coders is not liable for unlawful access to the data or data loss by a third party.

9.9 Lean-Coders assumes no responsibility for damages that may arise to the customer due to misuse of connections (including virus damage).

9.10 If the security of network operations or the maintenance of network integrity is endangered, Lean-Coders is entitled to temporarily restrict access to the services as necessary.

9.11 Lean-Coders has no influence on the availability of the internet outside its own sphere of influence. The actual availability of the hosted content is solely the responsibility of the provider of the respective hosting service. If personal data is processed on behalf of the customer within the framework of hosting, Point 14.7 ff regarding order processing applies.

10. SOFTWARE SERVICE

10.1 In the area of software service, Lean-Coders provides the following services unless otherwise agreed in individual cases:

a) Elimination of software errors (bug fixing);

b) Provision and implementation of patches, bug fixes, and updates for the software;

c) Application support (support) by providing information and hints for operating the software as well as answering user questions;

d) Database maintenance, e.g., applying updates regarding the database software and creating backups.

10.2 The following are not included in the scope of services:

a) Modifications and further developments of the software;

b) All activities that involve the input of content of any kind (texts, graphics, photos, etc.);

c) Elimination of errors caused by third-party software or by employees, authorized representatives, agents, or suppliers of the customer;

d) (In-)training of any kind.

10.3 The customer acknowledges that the software is hosted in a cloud solution. The guarantee of server security, elimination of malware, measures related to hacker attacks, and server maintenance are the responsibility of the respective cloud service provider. Lean-Coders disclaims any responsibility in this regard.

a) Bug fixing

10.4 Lean-Coders will eliminate all errors of the software properly reported by the customer, as far as they are suitable to impair the proper operation of the website.

10.5 If an error occurs, the customer undertakes to provide a specific, traceable, and accurate error report immediately, which includes all information that enables Lean-Coders to narrow down the cause of the error and establish strategies for error correction.

10.6 Lean-Coders will begin any error correction in compliance with the response times according to Point 10.10. The duration of error correction depends on the circumstances of the individual case.

b) Patches, bug fixes, and updates

10.7 Lean-Coders will provide the customer with the necessary patches, bug fixes, and updates and install them on the customer's IT systems, provided this is relevant for the security of the software solution and/or represents a significant benefit or added value for the customer.

10.8 The installation of service packs regarding the database software is at the discretion of Lean-Coders within the framework of its obligation for proper database maintenance.

c) Support

10.9 Lean-Coders generally ensures telephone availability 24/7. In exceptional cases, it may happen that Lean-Coders cannot answer the call. In this case, a callback will occur as soon as possible.

10.10 Lean-Coders will respond to incoming inquiries from the customer within the following response times:

• Error Class 1: by the next working day at 6:00 PM at the latest
• Error Class 2: by the day after next at 6:00 PM at the latest
• Error Class 3: within 7 days at the latest
• Error Class 4: within 14 days at the latest
• Support requests and other inquiries: by the next working day at 6:00 PM at the latest

10.11 It is understood that within the response time, the solution to the problem may not yet be possible, but only an initial response must occur (e.g., beginning with error correction, communication of the current status of work).

10.12 The parties agree on the following error classes:

Class 1 – Critical: The use of the software is not possible or unreasonably restricted. The error has a serious impact on essential functions and/or the security of the software; the software cannot be reused.

Class 2 – Severe: The practical use of the software is seriously restricted. The error has a significant impact on functions and/or the security of the software but allows for reuse.

Class 3 – Light: The practical use of the software is slightly restricted. The error has an insignificant impact on functionality and allows for further use with only minor restrictions.

Class 4 – Insignificant: The practical use of the software is possible without restriction. The error has no or only an insignificant impact on functionality.

10.13 The classification of errors into the above classes is done by mutual agreement. If the parties cannot reach an agreement, Lean-Coders will take measures to correct the error based on its own assessment.

10.14 Services of Lean-Coders that are used by the customer beyond the agreed scope of services will be compensated at the rates valid at Lean-Coders. Training services are generally not included in the services and require a separate agreement.

11. CONFIDENTIALITY / NON-SOLICITATION

11.1 The customer undertakes to keep all technical knowledge, all knowledge and documents, and all other information in technical and economic terms about the services of Lean-Coders and in particular the software, including the technical know-how ("confidential information"), disclosed to the customer strictly confidential and not to disclose it to any third party.

11.2 The customer is prohibited from using or exploiting all experiences, technical knowledge, and information obtained through, during, and in connection with the contractual relationship with Lean-Coders for purposes other than using the services of Lean-Coders themselves or through third parties.

11.3 The customer will not solicit employees deployed by Lean-Coders for the provision of services during the term of the contract and for one year after the end of the contract, either directly or through third parties.

11.4 The customer undertakes to pay Lean-Coders a contractual penalty of EUR 50,000 (fifty thousand euros) as a minimum compensation for each case of violation against one of the obligations mentioned in Points 11.1 to 11.3, regardless of fault. In the case of a continued violation, the violation is deemed to be newly committed at the beginning of each week. In addition to this contractual penalty, Lean-Coders retains the right to assert a claim for injunction and/or a claim for damages exceeding the contractual penalty.

12. WARRANTY

12.1 Unless otherwise provided in the contract, Lean-Coders does not warrant and is not liable for a specific quality or specific purpose of its services.

12.2 For defects, Lean-Coders provides warranty at its discretion by improving or replacing the affected services.

12.3 If the defect is based on contributions or cooperation of the customer or on a violation of the customer's obligations, any obligation to remedy the defect free of charge is excluded. Lean-Coders will undertake a paid remedy of the defect at the customer's request.

12.4 The customer will support Lean-Coders in remedying defects and provide all necessary information. Defects that occur must be reported by the customer immediately in writing or by email to Lean-Coders.

12.5 The customer must always prove that the defect was present at the time of handover.

12.6 The warranty period is 6 months.

12.7 If Lean-Coders provides the work with the assistance of third parties and in this context warranty and/or liability claims arise against these third parties, Lean-Coders assigns these claims to the customer. In this case, the customer will primarily hold these third parties accountable.

13. TERMINATION FOR IMPORTANT REASONS

13.1 The contract can be terminated at any time and without notice by either contracting party for important reasons. Important reasons that entitle Lean-Coders to terminate early include, in particular:

a) the customer fails to meet the agreed payments despite due date;

b) the financial situation of the customer deteriorates significantly, insolvency proceedings are opened over the customer's assets, or a receiver is appointed;

c) the customer uses the services and offerings of Lean-Coders in an unlawful or abusive manner;

d) Lean-Coders becomes aware of unlawful activities of the customer or unlawful information stored by Lean-Coders for the customer;

e) in the event of a violation of any of the obligations or regulations mentioned in Points 5 or 6 by the customer;

f) other persistent non-fulfillment of contractual and legal obligations by the customer.

13.2 In the event of termination of the contract for important reasons, the customer must pay Lean-Coders the fee for the remaining contract term in full and without deductions. Furthermore, the customer is liable for any additional damage to Lean-Coders.

14. DATA PROTECTION

a) General consent to data processing

14.1 The customer gives their explicit consent that Lean-Coders processes the following personal data of the customer for the purpose of fulfilling the contract:

• First and last name
• Date of birth or company registration/trade register number
• Registered office/business address
• Phone/fax number
• Email address
• Bank details

Only the personal data of the customer is affected by the data processing; regarding the data of end customers, Lean-Coders acts solely as a data processor according to Points 14.7 to 14.20.

14.2 Data will not be transmitted to third parties without the explicit consent of the customer, unless this is necessary for the provision of the service or for contract execution (e.g., passing on to subcontractors).

14.3 The customer has the right to revoke their consent at any time. Even in the event of a revocation, Lean-Coders remains entitled to process the personal data if another legal basis exists.

14.4 The customer is entitled to the return of their data until the end of the business relationship. Thereafter, Lean-Coders is entitled to block the account and delete the data. If mandatory legal obligations require the retention of data, Lean-Coders will delete the data after the respective retention obligations have expired.

14.5 Data processing activities are carried out exclusively within the EU or the EEA.

14.6 Lean-Coders will take the technical and organizational measures according to Annex ./1 to ensure the security of personal data. If the customer provides Lean-Coders with personal data for processing as a data processor, the following provisions apply.

b) Provisions for order processing

14.7 When storing end customer data within the framework of hosting, the following categories of data are processed: first and last name, date of birth, address, email address, wallet address.

14.8 The duration of the agreement on order processing is governed by Point 3.1.

14.9 Lean-Coders undertakes to process data and processing results exclusively within the framework of the written orders of the customer. If Lean-Coders receives an official order to disclose customer data, it must – if legally permissible – inform the customer immediately.

14.10 Lean-Coders legally declares that it has obligated all persons commissioned with data processing to confidentiality before starting their work or that they are subject to an appropriate legal confidentiality obligation. The confidentiality obligation remains in effect even after the termination of their work at Lean-Coders.

14.11 Lean-Coders legally declares that it has taken all necessary measures to ensure the security of processing according to Art. 32 GDPR (details can be found in Annex ./1).

14.12 Lean-Coders takes the technical and organizational measures so that the customer can fulfill the rights of the data subject according to Chapter III of the GDPR (information, access, rectification and deletion, data portability, objection, and automated decision-making in individual cases) within the legal deadlines at any time.

14.13 Lean-Coders supports the customer in fulfilling the obligations mentioned in Articles 32 to 36 GDPR (data security measures, notifications of breaches of personal data protection, data protection impact assessment, prior consultation).

14.14 Lean-Coders will create a processing directory for the present order processing according to Art. 30 GDPR.

14.15 The customer is granted the right to inspect and control the processing of the data provided by them at any time, even through commissioned third parties, at the data processing facilities.

14.16 After the termination of this agreement, Lean-Coders is obliged to hand over all processing results and documents containing data to the customer or to destroy them at the customer's request.

14.17 Lean-Coders must inform the customer immediately if it believes that an instruction from the customer violates data protection regulations of the Union or the member states.

14.18 Data processing activities are carried out exclusively within the EU or the EEA.

14.19 Lean-Coders may involve sub-processors. It must notify the customer of the intended involvement of a sub-processor in such a timely manner that the customer can possibly prohibit it. If the sub-processor does not comply with its data protection obligations, Lean-Coders is liable to the customer for compliance with the obligations of the sub-processor.

c) Consent declaration according to § 107 TKG

14.20 The customer gives their explicit consent that Lean-Coders is authorized to contact them – also for information and advertising purposes – by fax, email, phone, and SMS in accordance with § 107 TKG. The consent given can be revoked at any time. The data protection regulations remain unaffected by this consent.

15. FINAL PROVISIONS

15.1 For all disputes arising from this contract, including its existence and termination, the international jurisdiction of the Austrian courts and the exclusive jurisdiction of the court competent for commercial matters for 1120 Vienna is agreed.

15.2 Austrian law applies exclusively to the contract, excluding the conflict of laws provisions of international private law and the UN Sales Convention.

15.3 Declarations from Lean-Coders are deemed to have been received at the last known address.

15.4 If any provision of this contract is invalid or contestable or for any other reason ineffective, this does not affect the validity or legal effectiveness of all other contractual provisions. Instead of the inapplicable provisions, a regulation that best corresponds to the will of the contracting parties applies.

15.5 Amendments and/or supplements to this contract require written form to be legally effective. The same applies to the waiver of this formal requirement. There are no oral side agreements.

15.6 Rights from this contract may only be transferred to third parties with the express consent of Lean-Coders.

15.7 This contract is also binding for all legal successors of the contracting parties. Lean-Coders is entitled to transfer the contract at its discretion to a third party. The customer hereby gives their consent in this regard and waives any rights of objection, particularly in the event of the transfer of the contract to the legal successor of Lean-Coders in the event of a change in legal form.

15.8 The place of performance for all services under this contract is the registered office of Lean-Coders.

15.9 The language of the contract is German.

ANNEX ./1 – TECHNICAL-ORGANIZATIONAL MEASURES

1.1 Confidentiality

• Access control: Protection against unauthorized access to data processing facilities, e.g.: keys, magnetic or chip cards, electric door openers, porters, security personnel, alarm systems, video systems.
• Access control: Protection against unauthorized system use, e.g.: passwords (including corresponding policy), automatic locking mechanisms, two-factor authentication, encryption of data carriers.
• Access control: No unauthorized reading, copying, altering, or removal within the system, e.g.: standard authorization profiles on a "need to know" basis, standard process for granting permissions, logging of accesses, periodic review of granted permissions.
• Pseudonymization: If possible for the respective data processing, the primary identification features of personal data are removed and stored separately.
• Classification scheme for data: Due to legal obligations or self-assessment (confidential / secret / internal / public).

1.2 Integrity

• Transfer control: No unauthorized reading, copying, altering, or removal during electronic transmission or transport, e.g.: encryption, virtual private networks (VPN), electronic signatures.
• Input control: Determining whether and by whom personal data has been entered, altered, or removed in data processing systems, e.g.: logging, document management.

1.3 Availability and resilience

• Availability control: Protection against accidental or intentional destruction or loss, e.g.: backup strategy (online/offline; on-site/off-site), uninterruptible power supply (UPS, diesel generator), virus protection, firewall, reporting routes, and emergency plans; security checks at infrastructure and application level, multi-level backup concept with encrypted outsourcing of backups to a fallback data center, standard processes when changing/leaving employees.

• Rapid recoverability.
• Deletion periods: For both data themselves and metadata such as log files, etc.

1.4 Procedures for regular review, assessment, and evaluation

• Data protection management, including regular employee training.
• Incident response management.
• Data protection-friendly default settings.
• Order control: No order data processing according to Art. 28 GDPR without corresponding instructions from the client, e.g.: clear contract design, formalized order management, strict selection of the data processor (ISO certification, ISMS), prior persuasion obligation, follow-up checks.