Terms & Conditions
I. Scope
1. These Terms & Conditions (“T&C”) apply to all offers, contracts, and services provided by hypetwin GmbH, Röntgenstraße 20b, 21493 Schwarzenbek, Germany (“hypetwin”), unless expressly agreed otherwise in writing.
2. These T&C apply exclusively. Conflicting or deviating terms of the client shall not apply unless explicitly accepted by hypetwin in writing.
3. These T&C also apply to future business relationships with the same client without the need for renewed reference.
II. Offer & Contract Formation
1. All offers issued by hypetwin are non-binding unless expressly stated otherwise.
2. A contract is concluded upon written confirmation by hypetwin or upon commencement of service delivery.
3. hypetwin reserves the right to accept or reject orders within fourteen (14) days.
III. Services & Delivery
1. Services are rendered in the agreed format and scope. If no specific format is agreed, hypetwin determines the appropriate standard format.
2. Unless expressly agreed otherwise, 3D models, Digital Twins, or underlying assets are not delivered as open files. Open data, editable files, or source assets require a separate buy-out agreement.
3. Delivery dates are indicative only unless explicitly confirmed as binding.
IV. Fees & Payment
1. Fees are due as specified in the offer or contract. Unless agreed otherwise, invoices are payable immediately upon receipt.
2. hypetwin is entitled to issue partial invoices based on project progress.
3. In the event of late payment, statutory default interest applies. hypetwin reserves the right to suspend services until outstanding payments are settled.
V. Acceptance & Defects
1. Delivered services are deemed accepted if no written notice of material defects is received within fourteen (14) days after delivery.
2. Minor deviations that do not materially affect the agreed purpose do not constitute defects.
VI. Usage Rights
1. Unless explicitly agreed otherwise, hypetwin grants the client non-exclusive, non-transferable usage rights limited to the agreed purpose, medium, and scope.
2. Usage rights become effective only after full payment of all outstanding fees.
3. Any extended usage rights, exclusivity, sublicensing, resale, or territorial expansion require a separate written agreement (buy-out).
4. hypetwin retains the right to use delivered works for self-promotion, portfolio, and reference purposes, unless explicitly agreed otherwise.
VII. Intellectual Property
1. All copyrights, trademarks, and intellectual property rights remain with hypetwin unless explicitly transferred in writing.
2. Concepts, drafts, design proposals, and preparatory work are protected and may not be used without compensation.
VIII. Third-Party Services
hypetwin is entitled to involve third parties or subcontractors in the execution of services without prior approval by the client.
IX. Confidentiality
Both parties agree to treat all non-public business, technical, and commercial information as confidential and not to disclose it to third parties.
X. Liability
1. hypetwin is liable only for damages caused by intent or gross negligence.
2. Liability for indirect damages, loss of profit, or consequential damages is excluded, except in cases of mandatory statutory liability.
3. This limitation does not apply to damages resulting from injury to life, body, or health.
XI. Governing Law & Jurisdiction
1. These T&C are governed by the laws of the Federal Republic of Germany.
2. Place of jurisdiction, where legally permissible, is the registered office of hypetwin GmbH.
XII. Service Provision by hypetwin Entities
Depending on the market, scope, and contractual setup, services may be provided either by hypetwin GmbH (Germany) or hypetwin LLC (USA).
The applicable contracting entity is defined in the respective offer and contract.
XIII. Final Provisions
1. Amendments or supplements must be made in writing.
2. If any provision of these T&C is invalid or unenforceable, the remaining provisions remain unaffected.