Terms and Conditions
Mieth Engineering – Ingenieurbüro
Owner: Ing. Dirk Markus Mieth, M.Sc.
Zur Wetterwarte 50, Haus 337/G
01109 Dresden
Germany
Last updated: January 2026
1. Scope of Application
These General Terms and Conditions apply to all contracts for consulting, development, simulation, presentations, lectures, and engineering services between Mieth Engineering – Ingenieurbüro (hereinafter “Provider”) and the Client (hereinafter “Client”), unless otherwise agreed in writing. They apply exclusively to entrepreneurs within the meaning of § 14 German Civil Code (BGB). Conflicting or deviating terms of the Client shall not be accepted unless expressly agreed in writing.
2. Conclusion of Contract
Offers made by the Provider are non‑binding and valid for two weeks from the date of submission. The contract is concluded by written acceptance of the offer (email sufficient) or by commencement of performance.
3. Scope of Services and Exclusion of Classical Engineering Works
The Provider provides engineering services exclusively in the field of Technical Informatics and Intelligent Systems. The Provider offers consulting services, development, simulations, presentations, lectures, technical reports, and work results.
Work results relate exclusively to digital, software-based or document-based deliverables, including but not limited to software components, specifications, requirements documents (Lastenheft), functional specifications, technical documentation, models, simulations, algorithms, presentations, or reports. Work results require an explicit written agreement in which the respective deliverable is defined as an acceptance‑eligible work result.
The Provider does not offer any classical engineering works involving physical constructions, mechanical engineering, structural engineering, hardware development, plant engineering or any other physical or construction-related works. Such works are expressly excluded.
The Provider performs the services to the best of its knowledge and belief. The obligation is one of efforts, not one of success, unless expressly agreed otherwise. The Client is obliged to provide all necessary information, data, and access in a timely and complete manner.
4. Remuneration and Payment
Remuneration is based on the individual offer (hourly rate, daily rate, or fixed price). Invoices are due within 14 days without deduction. In case of default, statutory default interest shall apply. Additional work caused by delay on the part of the Client shall be invoiced separately.
5. Liability
The Provider’s liability is limited to intent and gross negligence. In case of slight negligence, liability is limited to typical and foreseeable damage and capped at the coverage amount of the existing professional liability insurance (Berufshaftpflichtversicherung). Liability for lost profits, data loss, consequential damages, or indirect damages is excluded.
6. Confidentiality and Data Protection
Both parties undertake to keep confidential information secret and not to disclose it to third parties. The duty of confidentiality continues even after the termination of the contract as long as the information is not generally known.
Details regarding confidentiality, data protection, and any restrictions on the use of tools/AI shall be governed by a separate Non-Disclosure Agreement (NDA), which may be concluded before or upon contract formation if required. The Provider undertakes to use all data provided by the Client solely for the purpose of fulfilling the order and in compliance with the GDPR.
7. Intellectual Property and Use of Tools / AI / Open Source
The Provider retains copyright to all works created in the course of the order (in particular software code, algorithms, simulation models, documentation, reports, presentations). The Client receives – upon full payment – a simple, non-exclusive, unlimited in time and territory right of use for the contractually agreed purpose.
An assignment of rights (full transfer of copyright or exclusive rights) can be agreed individually in advance and requires an express written agreement (e.g. in the offer, order confirmation or separate contract). Such an assignment is not automatic and may be subject to additional remuneration.
The Provider is entitled to use any tools, software, AI models (cloud-based or local), cloud services, and other aids in the performance of the services, including the input of data, prompts, code, or descriptions provided by the Client.
Open-source components may be used provided that the respective license conditions are complied with.
Any restrictions or prohibitions on the use of specific tools, systems, or the input of certain data shall only be effective if expressly agreed in writing (preferably in a separate NDA).
8. Termination
The contract may be terminated by either party with 4 weeks’ notice to the end of the month. The right to extraordinary termination remains unaffected.
9. Final Provisions
German law shall apply exclusively. Place of jurisdiction is Dresden. Should any provision be invalid, the remaining provisions shall remain effective.
10. Severability
Should any provision of this contract or these Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid or unenforceable provision, the valid and enforceable provision shall apply which comes closest to the economic intent of the invalid provision. The same applies to any contractual gaps.
Mieth Engineering – Ingenieurbüro
Owner: Ing. Dirk Markus Mieth, M.Sc.