General Terms & Conditions (AGB)

1. Scope

These General Terms and Conditions (“AGB”) govern all consulting, go-to-market, and execution services provided by CxLEVER (“CxLEVER”) to business clients (Unternehmer within the meaning of § 14 BGB). Deviating terms of the client apply only if confirmed by CxLEVER in writing. These terms apply exclusively to B2B transactions; services are not offered to consumers.

2. Services and Engagement Scope

The specific scope, deliverables, milestones, and timelines of each engagement are defined in an individual proposal or statement of work (“SOW”). CxLEVER provides services with the diligence of a professional advisory firm. Unless expressly agreed as a fixed deliverable in the SOW, services constitute Dienstleistungen (services) and not Werkleistungen (works with guaranteed results); commercial outcomes such as pipeline or revenue figures are targets, not guaranteed results.

3. Client Cooperation

The client shall provide, in due time and free of charge, all information, materials, decisions, and access (including systems and personnel) required for the performance of the services. Delays caused by the client extend agreed timelines accordingly.

4. Fees, Invoicing, and Payment

Fees are set out in the SOW on a retainer, milestone, or project basis, as specified therein. All fees are net of statutory VAT. Invoices are payable within 14 days of receipt without deduction. In case of default, statutory default interest (§ 288 BGB) applies. Third-party tool licenses are registered and billed directly to the client’s accounts.

5. Asset Ownership and Capability Transfer

All work products, data, accounts, playbooks, and digital assets created for the client under an engagement are and remain the property of the client (“asset custody”). CxLEVER retains ownership of its pre-existing methodologies, frameworks, and tools; the client receives a non-exclusive, perpetual right to use them internally to the extent embedded in the deliverables.

6. Confidentiality

Both parties shall treat as confidential all business and trade secrets and other confidential information received in connection with the engagement, during the term and for three years thereafter. Statutory obligations remain unaffected.

7. Data Protection

The parties shall comply with applicable data protection law (GDPR, BDSG). Where CxLEVER processes personal data on behalf of the client, the parties shall conclude a data processing agreement in accordance with Art. 28 GDPR. Details are set out in the Privacy & GDPR Center.

8. Liability

CxLEVER is liable without limitation for intent and gross negligence, for injury to life, body, or health, and under the German Product Liability Act. In cases of slightly negligent breach of essential contractual obligations (Kardinalpflichten), liability is limited to the foreseeable damage typical for the contract, capped at the total fees paid under the relevant SOW in the twelve months preceding the event giving rise to the claim. Any further liability is excluded.

9. Term and Termination

Term and notice periods are defined in the SOW. The right to terminate for good cause remains unaffected. Upon termination, CxLEVER shall hand over all client assets in accordance with Section 5 and support an orderly transfer.

10. References

CxLEVER may name the client as a reference and use anonymized engagement outcomes for marketing purposes only with the client’s prior consent in text form (email is sufficient).

11. Final Provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is Eberswalde, Brandenburg, Germany, provided the client is a merchant, a legal entity under public law, or a special fund under public law. Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected.