General Terms and Conditions

1Scope and exclusively commercial use

1. 1.These General Terms and Conditions ("T&Cs") apply to all contracts between LENO Innovations Ltd, Dubai International Financial Centre, Dubai, United Arab Emirates ("LENO"), and its customers concerning the creation, time-limited provision, hosting, maintenance and further development of web presences as well as related digital services.
2. 2.The offer is directed exclusively at entrepreneurs, legal entities and other customers acting in a commercial or self-employed professional capacity. Contracts with consumers are not concluded.
3. 3.By concluding the contract, the customer confirms that they are entering into the contract exclusively for the purposes of their commercial or self-employed professional activity.
4. 4.The customer's deviating terms and conditions shall not apply unless LENO has expressly agreed to their validity in text form.

2Subject matter — licence instead of sale

1. 1.The subject matter of the contract is generally the time-limited provision and granting of usage rights to a web presence operated by LENO for the duration of the contractual relationship.
2. 2.Unless expressly agreed otherwise in writing in individual cases, this does not constitute the sale of a website, source code, design, template or other digital work results.
3. 3.The standard service owed is determined by the service package selected by the customer and described on LENO's website at the time of conclusion of the contract.
4. 4.

   Depending on the package booked, the scope of services may include in particular:

   • Provision of a business web presence,
   • Use of layouts, templates and software components from LENO,
   • Technical provision and operation,
   • Hosting,
   • Technical maintenance,
   • Standardised content adjustments,
   • Certain AI-supported services,
   • Provision or use of a domain,
   • DNS management,
   • From the Comfort package onwards, one Business Team Tools mailbox with e-mail, calendar and contacts (optionally bookable as an add-on in the Standard package),
   • Further standard services specified on the offer page.
5. 5.Hosting, domain provision, DNS management and the Business mailbox included in the package are, insofar as included in the respective offer, provided as ancillary services to the web presence without separate charge. In particular, this does not create any claim to the independent continuation of these services after termination of the main contract.
6. 6.The scope of services owed is determined by the package selected at the time of conclusion of the contract, the associated service description and these T&Cs.

3Setup and provision

1. 1.A one-time setup fee may apply for the initial setup in accordance with the price list valid at the time of conclusion of the contract.
2. 2.LENO is entitled to use standardised systems, its own templates, software modules, automated procedures and artificial intelligence systems to provide the services.
3. 3.Individual technical or design implementation beyond the agreed standard package is only owed if it is expressly commissioned as an additional individual service.
4. 4.LENO is entitled to modify technical components, frameworks, hosting structures and internal systems during the contract term, provided that the agreed essential functionality of the web presence is not unreasonably impaired as a result.

4Standard services and individual services

1. 1.The services expressly described in the respective package are covered by the ongoing contract fee.
2. 2.Services that go beyond the agreed standard scope constitute individual services.
3. 3.

   These may include in particular:

   • Additional individual subpages,
   • Special design customisations,
   • Individual programming,
   • Interfaces,
   • Ordering or reservation systems,
   • Individual automations,
   • Special data imports,
   • Customer-specific software functions,
   • Major structural changes to an existing web presence.
4. 4.LENO may offer individual services in the form of innovation packages or innovation units.

5Innovation packages and innovation units

1. 1.For individual work, innovation packages or innovation units defined in advance by the customer may be purchased.
2. 2.The currently valid price of an innovation unit is derived from the price list published at the time of commissioning or from LENO's specific offer.
3. 3.LENO may offer the customer a certain number of innovation units for a desired scope of services.
4. 4.A corresponding order is concluded when the customer accepts the offer and pays the innovation units provided for this purpose in full.
5. 5.Individual services are generally paid in advance.
6. 6.LENO is not obliged to begin processing before the agreed fee for the order has been received in full.
7. 7.Innovation units do not represent billing by the hour. The determining factor is the package price agreed for the described scope of services.
8. 8.An innovation unit does not confer any entitlement to a specific number of working hours.
9. 9.More efficient technical procedures, automation or the use of artificial intelligence do not change the agreed price of an already commissioned innovation package.
10. 10.Additional requirements not expressly specified in an innovation order may necessitate a further innovation package.

6Copyrights, designs, source code and other creative works

1. 1.

   All works created or provided by or for LENO, including in particular

   • Designs,
   • Templates,
   • Layouts,
   • Software components,
   • Source codes,
   • Programs,
   • Automations,
   • Prompts,
   • Data structures,
   • Graphic elements,
   • Text concepts,
   • Design concepts,
   • AI-generated or AI-assisted work results,
   • Technical solutions and other creative works

   remain, to the extent legally possible, in the exclusive legal sphere of LENO or the respective rights holder.

2. 2.The customer receives therefrom exclusively a simple, non-exclusive, non-transferable right of use limited to the duration of the contractual relationship, insofar as this is necessary for the contractual use of the web presence provided by LENO.
3. 3.Upon termination of the contractual relationship, this right of use ends, unless expressly agreed otherwise in writing for individual components.
4. 4.

   The customer has no claim to

   • Handover of the source code,
   • Handover of templates,
   • Handover of internal configurations,
   • Handover of design or development files,
   • Transfer of software components,
   • Transfer of LENO systems, or
   • Continuation of the web presence created by LENO on another system

   unless expressly agreed otherwise.

5. 5.This also applies to individual services or innovation packages rendered for a separate fee, unless the transfer of specific usage or exploitation rights was expressly agreed upon when commissioning them.
6. 6.By paying for an individual service, the customer therefore generally acquires the contractual use of the implemented function within the web presence provided by LENO, but not ownership or exclusive usage rights to the underlying software, design or development results.
7. 7.Brands, logos, texts, photographs, company information and other proprietary content already owned by the customer prior to conclusion of the contract are not affected by this.

7Customer content

1. 1.The customer remains responsible for the content provided or expressly approved by them.
2. 2.

   The customer warrants that they hold the rights required for use of the

   • Texts,
   • Images,
   • Logos,
   • Brands,
   • Videos,
   • Data and other materials

   provided by them.

3. 3.The customer grants LENO the usage rights to these materials required for the fulfilment of the contract for the duration of the contract.
4. 4.LENO is not obliged to carry out a comprehensive legal review of content provided by the customer.
5. 5.The customer must inform LENO without delay if content has been changed, removed or may no longer be used legally.

8Domain

1. 1.Insofar as included in the respective service package, LENO may provide a domain for the duration of the contract.
2. 2.The provision of such a domain is made without separate charge as an ancillary service to the web presence.
3. 3.Insofar as legally and registration-wise permissible, LENO may register the domain in its own name and retain the position of domain holder or contracting party of the responsible registrar for the duration of the contract.
4. 4.The customer receives the right to use the domain in connection with the web presence provided by LENO for the duration of the contract.
5. 5.By using or co-financing the web presence, the customer does not generally acquire any claim to a transfer of domain ownership or the underlying registrar position.
6. 6.

   After termination of the contract, LENO is generally entitled to

   • No longer provide the domain,
   • Delete it,
   • Allow it to expire,
   • Use it for other legally permissible purposes, or
   • Offer a separate agreement on its further use or transfer.
7. 7.Mandatory statutory name, trademark, designation or other rights of the customer or third parties remain unaffected. Insofar as the customer has a claim to the release or transfer of a specific domain on the basis of such mandatory rights, the mandatory statutory provision takes precedence over this contractual provision.
8. 8.LENO may alternatively register a domain directly in the customer's name and merely take over its technical administration, if this is more appropriate for legal, registration or technical reasons.
9. 9.If the customer already uses their own domain, it can generally be connected to the web presence provided by LENO via appropriate DNS settings. In this case, the domain remains with the customer.

9E-mail services

1. 1.The Comfort and Premium packages each include exactly one Business Team Tools mailbox with 10 GB storage and one e-mail address under the customer domain; e-mail, calendar, contacts as well as spam and virus protection are included. The Standard package does not include such a mailbox and it can be optionally added at the rate for additional mailboxes. It is a genuine mailbox, not a mere forwarding address.
2. 2.Additional mailboxes can be added individually at 35 AED net per month each, starting with 10 GB storage. They are available for use immediately.
3. 3.If the booked storage capacity is exceeded, an additional unit of 10 GB will automatically be booked for the mailbox in question at an additional 35 AED net per month. Storage tiers are 10, 20, 30, 40 GB and so on.
4. 4.Billing for additional mailboxes and storage expansions begins on the next personal monthly billing date, which is based on the day of the original first product booking. If the first booking was made on the 5th, billing for an expansion begins on the next 5th. No proportional back-billing is carried out for the period before this. For annual billing, a proportional amount is charged up to the next annual billing date.
5. 5.The terms for a storage reduction have not yet been established and will be clarified prior to any corresponding order.
6. 6.Outlook/Office licences are not included. The exact client and version approval will be determined prior to launch. An assisted mailbox migration will be clarified in advance regarding scope, requirements and possible costs. The mailboxes are intended for normal business communication; mass mailing and newsletter campaigns are not part of the offer.
7. 7.The customer may use their own external e-mail service providers without any separate charge from LENO.
8. 8.

   These may include in particular:

   • Microsoft 365,
   • Google Workspace,
   • Other external e-mail providers.
9. 9.The setup of the required DNS or MX records for Microsoft 365 or Google Workspace within the domain administered by LENO is free of charge for all website packages. An existing Microsoft 365/Exchange mail service can be retained when a website or domain is transferred; a domain transfer does not compel a mail migration.
10. 10.Services, fees, availability, data backup and functionality of an external e-mail provider chosen by the customer are not part of the contract with LENO.
11. 11.LENO is only liable for disruptions of external mail providers insofar as LENO has itself caused them culpably.

10Contract term

1. 1.The minimum contract term is 24 months.
2. 2.The minimum contract term begins with the contract commencement date specified in the contract or, if no separate date has been agreed, upon conclusion of the contract.
3. 3.After expiry of the minimum contract term, the contract automatically renews for a further 12 months each time, unless terminated with proper notice.
4. 4.The ordinary notice period is three months before the end of the respective contract term.
5. 5.The determining factor for compliance with the notice period is the receipt of the notice of termination by the other contracting party.
6. 6.The right of both parties to extraordinary termination for good cause remains unaffected.

11Remuneration and due dates

1. 1.The agreed setup fee is due upon conclusion of the contract, unless otherwise stated during the ordering process.
2. 2.Ongoing usage fees are billed monthly or annually in advance in accordance with the selected billing interval.
3. 3.The obligation to pay the ongoing contract fee exists for the entire agreed contract term regardless of the actual extent of use by the customer.
4. 4.A temporary non-use of the web presence by the customer does not affect the payment obligation.
5. 5.Billing may be processed via a payment service provider used by LENO, in particular Stripe.
6. 6.The customer undertakes to maintain a valid agreed payment method for the duration of the contract.

12VAT and reverse charge

1. 1.LENO's offer is directed exclusively at entrepreneurs.
2. 2.For services provided by LENO Innovations Ltd from the United Arab Emirates to an entrepreneur based in Germany for their business, the VAT treatment is governed by the applicable statutory provisions in each case.
3. 3.Insofar as the place of supply is at the entrepreneurial recipient of the service and the customer is the tax debtor under the applicable provisions, the invoice is issued without separate disclosure of German VAT under the reverse charge procedure.
4. 4.In these cases, the invoice will include in particular the note: "Tax liability of the service recipient — Reverse Charge."
5. 5.In this case, the customer is responsible for properly declaring and remitting the VAT owed by them.
6. 6.The customer undertakes to provide LENO with the correct company and tax data required for tax classification and to notify LENO of any changes without delay.
7. 7.Insofar as a different tax treatment is required by law due to the customer's registered office, status or purpose of use, LENO is entitled and obliged to charge the legally required tax in addition.
8. 8.Mandatory statutory tax provisions take precedence over these T&Cs.

13Default in payment

1. 1.Payments are to be made by the due dates stated on the invoice or during the ordering process.
2. 2.If the customer defaults on a due payment, LENO is entitled to request payment and assert the statutory default interest and default costs.
3. 3.If the payment default persists 14 calendar days after the due date, LENO is entitled, after prior electronic notification, to temporarily block or take offline the web presence and/or individual associated services.
4. 4.Such a suspension does not terminate the contract.
5. 5.During a justified suspension, the customer's obligation to pay the agreed ongoing contract fees remains in place, as LENO continues to maintain the infrastructure, systems, usage rights and capacities required for the continuation of the contractual relationship.
6. 6.After full settlement of the overdue amounts, LENO may restore access to the web presence.
7. 7.LENO remains entitled to terminate the contract for good cause in the event of continued or significant payment default and to assert further statutory claims.
8. 8.Revenue losses or other indirect damages incurred by the customer as a result of the suspension do not give rise to any obligation on LENO's part to pay compensation, insofar as the suspension was justified due to a payment default attributable to the customer.

14Changes to the web presence

1. 1.Changes that are included as a standard service according to the respective package description are carried out within the scope of the booked service.
2. 2.Further changes may be offered as an individual service or innovation package.
3. 3.LENO may first carry out an automated or AI-assisted review for change requests.
4. 4.If this review reveals that the requested change is not covered by the standard package, LENO may offer the customer a chargeable innovation package.
5. 5.The implementation of such an additional service generally does not begin until acceptance and full advance payment.

15Customer obligations to cooperate

The customer undertakes in particular to:

1. 1.Provide required company information completely and truthfully,
2. 2.Notify LENO of any changes to their contact details without delay,
3. 3.Grant required approvals without undue delay,
4. 4.Not transmit any unlawful content to LENO for publication,
5. 5.Not use the systems provided for use in an abusive manner,
6. 6.Adequately protect access credentials, and
7. 7.Inform LENO without delay about any identifiable technical disruptions.

Delays arising from missing or late cooperation by the customer shall not be attributed to LENO.

16Availability and maintenance

1. 1.LENO strives for high availability of the web presences provided.
2. 2.Uninterrupted availability of 100% is not owed unless a separate Service Level Agreement has been expressly agreed.
3. 3.

   Temporary restrictions may arise in particular from:

   • Maintenance work,
   • Security updates,
   • Technical disruptions,
   • Disruptions at data centres or network operators,
   • DNS disruptions,
   • Force majeure,
   • Third-party attacks,
   • Disruptions of external services.
4. 4.LENO is entitled to carry out necessary maintenance and security measures.

17Use of artificial intelligence and automated systems

1. 1.LENO is entitled to use automated systems and artificial intelligence for the creation, maintenance, analysis, communication and support of web presences.
2. 2.

   This may include in particular the creation and processing of

   • Texts,
   • Designs,
   • Program code,
   • Translations,
   • Analyses,
   • Support responses,
   • Technical changes and
   • Other digital content.
3. 3.The use of such systems does not change the agreed scope of services and does not entitle the customer to a reduction of the agreed remuneration.
4. 4.LENO remains obliged to provide the contractually owed service in adequate quality.

18Warranty and defects

1. 1.The customer must report identifiable defects to LENO without delay in a comprehensible manner after discovery.
2. 2.LENO is first given the opportunity to review and carry out appropriate rectification.
3. 3.

   In particular, there is no defect if:

   • A function desired by the customer is not part of the booked package,
   • A change at an external third-party provider causes effects,
   • The disruption was caused by a change made by the customer, or
   • Only subjective design preferences are affected without a breach of an agreed characteristic.
4. 4.Mandatory statutory warranty rights remain unaffected.

19Liability

1. 1.LENO is liable without limitation for damages caused intentionally or with gross negligence.
2. 2.Liability for damages arising from injury to life, body or health, as well as under mandatory statutory liability provisions, remains unaffected.
3. 3.In the event of a slightly negligent breach of a material contractual obligation, LENO's liability is limited to the foreseeable damage typical for the contract at the time of conclusion of the contract.
4. 4.Liability for slight negligence is otherwise excluded to the extent permitted by law.
5. 5.LENO is only liable for indirect damages, lost profits, unrealised savings or purely consequential damages in cases of intent or gross negligence, to the extent permitted by law.
6. 6.LENO is not liable for disruptions caused exclusively by third-party providers used by the customer, external e-mail services, registrars, payment service providers or other external systems, insofar as LENO is not itself responsible for the disruption.

20End of contract

1. 1.Upon termination of the contract becoming effective, the customer's right to use the web presence provided by LENO ends.
2. 2.LENO is entitled to deactivate the web presence after the end of the contract and to delete it after the expiry of appropriate statutory or technically required retention periods.
3. 3.There is no claim to handover of the complete web presence, the source code, templates, designs or other LENO technology.
4. 4.Customer-owned content and personal data will be handled in accordance with statutory and data protection obligations.
5. 5.The provisions regarding the domain are set out in Section 8 of these T&Cs.
6. 6.The continuation of individual services after the end of the contract requires a separate agreement.

21Termination

1. 1.Ordinary termination may be effected in text form, in particular by e-mail or via an electronic termination function offered by LENO.
2. 2.The notice of termination must be received within the notice period determined in Section 10.
3. 3.The right to extraordinary termination for good cause remains unaffected.
4. 4.

   Good cause for LENO may exist in particular in the event of:

   • Significant or repeated default in payment,
   • Unlawful use of the web presence,
   • Significant security breaches,
   • Intentional misrepresentation by the customer, or
   • Use that exposes LENO or third parties to significant legal or technical risk.

22Set-off and retention

1. 1.The customer may only set off claims that are undisputed, established by final judgment, or are ready for decision and arise from the same contractual relationship.
2. 2.Rights of retention may only be asserted in respect of claims arising from the same contractual relationship.
3. 3.Mandatory statutory rights of the customer remain unaffected.

23Data protection

1. 1.LENO processes personal data in accordance with the applicable data protection provisions and the separate privacy policy.
2. 2.Insofar as LENO processes personal data on behalf of the customer and a data processing agreement is required for this purpose, the parties will conclude a corresponding agreement.
3. 3.The customer is responsible for the lawfulness of the data collected and processed by them via the web presence, insofar as the processing takes place within their area of responsibility.

24Amendments to these T&Cs

1. 1.Amendments to these T&Cs for existing contractual relationships are only effective insofar as there is a statutory or contractual basis for them.
2. 2.Material changes to the agreed scope of services, remuneration or contract term require a corresponding contractual agreement, unless otherwise permitted by law.

25Applicable law

1. 1.For contracts with customers based in Germany, the law of the Federal Republic of Germany applies, to the extent legally permissible, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. 2.Mandatory provisions of the law applicable at LENO's registered office and mandatory international provisions remain unaffected.

26Place of jurisdiction

1. 1.Insofar as an agreement on jurisdiction is legally permissible, a place of jurisdiction in Germany that is legally permissible in terms of subject matter and locality, as determined by LENO, is agreed for all disputes arising from or in connection with the contractual relationship.
2. 2.LENO remains entitled to assert claims also at the customer's general place of jurisdiction.
3. 3.Mandatory statutory places of jurisdiction remain unaffected.

27Final provisions

1. 1.Amendments and additions to the individual contract require at least text form, unless a stricter form is required by law.
2. 2.Individual agreements take precedence over these T&Cs.
3. 3.Should any provision of these T&Cs be or become wholly or partially invalid or unenforceable, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory provisions.
4. 4.LENO is entitled to engage suitable service providers and subcontractors to fulfil its obligations.
5. 5.The contract language for German customers is German, unless otherwise agreed.