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 a 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 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 shall 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 these or from dispositive law shall not become part of the contract unless Lean-Coders has expressly agreed to such conditions in writing on a case-by-case basis.

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 a period of 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 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 can be attributed to the customer. The customer expressly undertakes to pass on the rights and obligations arising 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 provisions apply to individual services as regulated 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 provides 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 an accessible design within the meaning of the Federal Act on the Equal Treatment of Persons with Disabilities (Federal Disability Equality Act – BGStG) is not included in the offer unless it has been requested separately/individually by the customer. If the accessible design has not been agreed upon, it is the customer's responsibility to check the service for its permissibility in relation to 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 received, Lean-Coders reserves ownership of all hardware and software products delivered by it.

3. CONTRACT DURATION

3.1 If a continuous obligation exists 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 plus statutory VAT.

4.4 Cash expenses will be reimbursed upon corresponding 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 occurs against submission 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 of 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 published by Statistics Austria, the then alternatively published index is to 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 coming into effect. Such changes will become effective after a period of 2 months from the sending of the notification. If the customer does not agree with the change, they are entitled to terminate this contract within 30 days of receiving 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 default in payment, default interest must be paid in any case in accordance with § 456 UGB for legal 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 an 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 the 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 the safety of the premises and buildings. The customer is not entitled to give instructions to Lean-Coders' employees.

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

5.7 The customer is obliged to treat the passwords and logins required for using 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 third parties commissioned by Lean-Coders receive the necessary access to the premises at the customer's location.

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 and information provided by them. 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 is assumed for data loss.

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 in relation to 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 particularly from:

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

b) an unlawful activity 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, particularly 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, performance protection 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 out-of-court legal defense. Lean-Coders will promptly inform the customer of such claims and notify 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 delays 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 procuring 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 against 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 event, 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 the damage and the injurer, but at the latest three years after the occurrence of the damaging event.

7. SOFTWARE DEVELOPMENT AND CREATION OF WEBSITES

7.1 The provision of services by Lean-Coders in the area of software programming and website creation usually follows 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 significantly depends on the cooperation of the customer.

7.2 Lean-Coders will consider the factual feedback of the customer for each development step and adjust the software/website accordingly. Once this has been 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 for acceptance by Lean-Coders 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 Acceptance is associated with the handover of the work to the customer. 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 in arrears with the payment of 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 in arrears with the payment of the invoice, Lean-Coders is entitled to take the website offline without further warning if 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, particularly 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 Sentence 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 using software in a network, a license is required for each simultaneous user. For using software on "stand-alone PCs," a license is required for each PC.

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

8.6 In the event of violation of copyright and other protection rights, Lean-Coders is entitled, but not obliged, to take defensive measures. 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 Sentence 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 depiction in print media, requires a separate written agreement with Lean-Coders for a separate fee.

8.9 A permission 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, particularly the documentation, may not be duplicated or distributed in any way for payment or free of charge.

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

8.13 Lean-Coders has the right to refer to the services provided for the customer for self-promotion, particularly to mention 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 name 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 exclusively belong 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 – carry out the hosting on a third-party server or within the framework of 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 generally monitor the content provided by the customer.

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 it lies 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 the 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 required.

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 the individual case:

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 instructions for using 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) Correction 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 is obliged to immediately provide a specific, traceable, and accurate error report that 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 bug fixing in accordance with the response times specified in Point 10.10. The duration of bug fixing 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, as far as 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 the latest, 6:00 PM
• Error Class 2: by the day after the next working day at the latest, 6:00 PM
• Error Class 3: within 7 days at the latest
• Error Class 4: within 14 days at the latest
• Support inquiries and other inquiries: by the next working day at the latest, 6:00 PM

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 bug fixing, informing about the current status of the 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 continued use.

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 – Negligible: The practical use of the software is possible without restriction. The error has no or only negligible impact on functionality.

10.13 The classification of errors into the above-mentioned classes is done by mutual agreement. If the parties cannot reach an agreement, Lean-Coders will take measures to rectify 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 particularly the software, including 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 any of the obligations mentioned in Points 11.1 to 11.3. In the case of a continued violation, the violation is deemed to be newly established 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 a specific purpose of its services.

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

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 performs 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 against 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 activity 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 Point 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 expressly consents that Lean-Coders processes the following personal data of the customer for the purposes of contract fulfillment:

• First and last name
• Date of birth or company registration/trade register number
• Registered office/business address
• Telephone/fax number
• Email address
• Bank account 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 customer's express consent, 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 withdraw their consent at any time. Even in the event of a withdrawal, Lean-Coders remains entitled to process the personal data as long as another legal basis exists.

14.4 The customer has the right to access their data until the end of the business relationship. After that, 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 data of end customers 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 customer's written orders. If Lean-Coders receives an official order to disclose customer data, it must – unless 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 affected person according to Chapter III of the GDPR (information, access, rectification and deletion, data portability, objection, and automated decision-making in individual cases) at any time within the legal deadlines.

14.13 Lean-Coders supports the customer in fulfilling the obligations mentioned in Articles 32 to 36 GDPR (data security measures, reporting 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 the 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 engage sub-processors. It must notify the customer of the intended engagement 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 expressly consents that Lean-Coders is authorized to contact them – also for information and advertising purposes – by fax, email, telephone, 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 competent court for commercial matters for 1120 Vienna are 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 Should any provision of this contract be 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 shall apply.

15.5 Amendments and/or supplements to this contract require written form for their legal effectiveness. The same applies to the waiver of this formal requirement. No oral side agreements exist.

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 assign 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 systems, 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 storage media.
• Access control: No unauthorized reading, copying, altering, or removing 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 removing during electronic transmission or transport, e.g.: encryption, virtual private networks (VPN), electronic signature.
• 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 channels 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 itself 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 within the meaning of Art. 28 GDPR without appropriate instruction from the client, e.g.: clear contractual design, formalized order management, strict selection of the data processor (ISO certification, ISMS), prior persuasion obligation, follow-up checks.