Mieth Engineering – Ingenieurbüro
Mailing Address:
Mieth Engineering
Zur Wetterwarte 50, Haus 337/G
01109 Dresden
Germany
Owner:
Dirk Markus Mieth, Ingenieur M.Sc. (Consulting Engineer / Beratender Ingenieur)
Last updated: May 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, unless stated otherwise in writing. The contract is concluded by written acceptance of the offer (email is 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 Computer Engineering and Intelligent Systems. The Provider offers consulting services, development, simulations, presentations, lectures, technical reports, audits 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. Projects involving systems with a cyber-physical relation can be included, provided they are explicitly agreed upon in writing before commencement.
The Provider performs the services to the best of its knowledge and belief. Unless otherwise expressly agreed in writing, the obligation is one of efforts and not one of success. 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 7 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 contract-typical and foreseeable damage and capped at the coverage amount of the existing professional liability insurance (Berufshaftpflichtversicherung / professional indemnity insurance). 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 all rights, including authorship, to its underlying methods, algorithmic building blocks, and simulation blueprints (Background IP). Upon full payment, the Client receives a simple, non-exclusive, unlimited in time and territory right of use to the specific deliverables created for them (in particular software code, models, documentation, reports, presentations) for the contractually agreed purpose. The Provider remains entitled to use the underlying technical principles and software modules for other projects and developments, unless otherwise agreed in writing.
An assignment of rights (full transfer of rights 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, but does not necessarily, 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, cloud regions, 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, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Dresden, Germany. Should any provision of these terms be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
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.