General Terms and Conditions

1. Scope and Contracting Parties

The contracting party is Dimitri Rupp, operating under the company name Lumi-Systems.io, Arnikaweg 47a/3, 1220 Vienna, Austria (hereinafter „Lumi-Systems“ or „we“). Contact: office@lumi-systems.io.

These General Terms and Conditions (GTC) apply to all contracts for the services and products described under Point 2 that are concluded via our website, by email, via our contact portal, or by other means.

1.1 Consumers and Entrepreneurs

A consumer is anyone who uses the service for purposes that can be attributed neither to their commercial business nor to their independent professional activity. An entrepreneur is anyone who uses the service for their commercial business.

In relation to consumers, the mandatory provisions of the Consumer Protection Act (KSchG) and the Distance and Off-Premises Contracts Act (FAGG) apply. These terms shall yield to the extent that they deviate from those provisions to the detriment of the consumer.

1.2 Deviating Terms

Purchasing or other terms and conditions of the customer apply only if we expressly and in writing consent to them. Silence does not constitute consent.

2. Subject Matter of Services

Lumi-Systems provides services in the following areas:

The specific scope of services is determined exclusively by the respective offer, the order confirmation or the written description of services. Services not listed therein are not owed.

3. Offer and Conclusion of Contract

Our representations on the website, in brochures and in non-binding cost estimates do not constitute a binding offer. A contract is concluded by

• our written order confirmation, or
• commencement of service provision after order placement, or
• for orders in the online shop, the confirmation of the order,

whichever occurs first.

Unless otherwise stated, offers are, valid for 30 days from the date of issue They are based on the scope described in the offer and the requirements stated therein.

If an offer subsequently proves to be incomplete or the underlying requirements change, we agree additional services separately before they are provided.

4. Prices and Payment

4.1 Prices

All prices are in Euro. For businesses, unless otherwise stated, prices are, plus statutory VAT; for consumers including the same. Any taxes and duties incurred are shown separately.

Not included in the price are costs for third-party services, in particular license and usage fees of software manufacturers (such as paid GitLab editions), fees for domains and certificates, and expenses for integrations with third-party services. Such costs are disclosed before commissioning.

4.2 Billing of recurring services

Recurring services (such as hosting or ongoing support) are billed in advance for the agreed billing period and, unless otherwise agreed, are, within 14 days Payable from the invoice date without deduction.

4.3 Late payment

In the event of late payment, we reserve the statutory rights, in particular the assertion of default interest and, for businesses, the charging of reminder fees and the temporary suspension of the service after prior notice. The statutory provisions of the Payment Default Act (ZVG 2013) remain unaffected.

4.4 Set-off

The right to set off against our claims exists only if the counterclaim is undisputed or has been legally established.

4.5 Price adjustment

For ongoing contracts, we adjust prices only if the costs of our upstream services change — in particular if third-party infrastructure or license costs change — and only with notice one month in advance. If the customer cancels the affected service, the contract ends at the time the adjustment takes effect.

5. Customer Cooperation

The customer shall provide, free of charge and in a timely manner, all cooperation and documents required for the provision of services, in particular:

• access and access credentials to the affected systems and infrastructure components,
• a contact person with professional and technical decision-making authority,
• complete and correct information about the systems and processes used,
• approvals of interim results within a reasonable period,
• the rights to content, trademarks, data and image material required for use,
• compliance with the requirements we state in the offer or documentation.

The customer warrants that the content and data provided by him are free of third-party rights that prevent use. He shall indemnify us against third-party claims arising from a breach of this obligation.

If the customer does not fulfill his cooperation obligations in a timely manner, agreed deadlines shall be postponed accordingly. Additional expenses incurred as a result will be invoiced separately after prior notice.

6. Deadlines and Provision of Services

Unless expressly designated as binding in writing, stated dates are, non-binding target dates. Binding dates require the customer's complete fulfillment of cooperation obligations and clarified technical prerequisites.

We are entitled to provide services in parts and to charge their remuneration accordingly, provided this is reasonable for the customer.

For software development orders, the following applies: A prototype serves decision-making and is not a warranted final product. If agreed, it forms the basis for the further specification.

7. Third-party software and license terms

7.1 Manufacturers and licensors

This software is provided under the respective license terms of its manufacturers. In many cases these are free open-source licenses that permit free use, modification and distribution, but also contain the manufacturers' disclaimers of liability and warranty limitations. These terms apply directly between the customer and the respective manufacturer.

We are not the manufacturer of this software. We install it, operate it and maintain it.

7.2 Paid editions

If the customer opts for a paid edition of a third-party provider — for example GitLab Premium or Ultimate — these license fees arise directly between the customer and the manufacturer. We point this out before the order is placed. If the paid edition is no longer required or no longer paid for, we switch use to the free edition where this is technically possible.

7.3 Warranty for third-party software

We accept warranty for the functioning of third-party software to the extent that this lies within our sphere of influence — in particular installation, configuration and operation. We accept no warranty for features, errors or changes for which the manufacturer is responsible, nor for the discontinuation of products by manufacturers.

Versions and the scope of functions of third-party software change. Descriptions of functions that we create at the time of the offer on the basis of the manufacturer's documentation reflect the state at that time.

8. AI-Powered Functions

We use language models — both in our own work and in services for the customer, for example in automations, translations or in the AI-supported information service on our website.

8.1 Limits of automated output

Output from language models can be incorrect, incomplete or misleading . They are not professional, legal, tax or medical advice. Before use in a decision-relevant context, a professional review is required.

We accept no warranty for the information provided by the AI assistant on our website. Binding information — in particular on prices, dates, scope of services and technical commitments — we provide exclusively by other means.

8.2 Model selection and data flow

Where a language model is used, we determine together with the customer, which data may be processed. Possible options are operating a model on the customer's infrastructure, a provider with data processing within the European Union, or an external service for non-critical content.

8.3 Translations

Machine-generated translations are for communication purposes and are not in every case professionally reviewed. In cases of doubt, the German-language version of our content and agreements is legally binding.

8.4 Security of automated processes

Automated workflows can fail due to the limits of available language models or disruptions of external services. We design such workflows so that a failure leads to an interruption and not to an erroneous continuation. However, uninterrupted operation cannot be guaranteed.

9. Availability, maintenance, and updates

Unless an availability percentage has been expressly agreed, we strive for high availability but do not owe any specific level of availability.

Where possible, we carry out maintenance outside normal business hours. Interruptions for important reasons — in particular security updates, disruptions at infrastructure providers, or measures to avert damage — are permitted even without prior notice.

Updates to operating systems, servers, and applications are part of the service insofar as agreed. We implement security updates promptly. We point out that updates can in rare cases lead to changes in the behavior of applications.

Whoever operates a system installs the updates. If we operate servers or applications for the customer, security updates are part of our service for as long as the contract runs. If the customer operates the system themselves or takes it over after the end of our support, they are responsible for installing the provided updates; we will point out security-relevant updates. If our operation ends, we will indicate in good time what the customer must take over themselves in future.

10. Right of Withdrawal for Consumers

10.1 Right of withdrawal

You have the right, within fourteen days without giving reasons, to withdraw from this contract. The withdrawal period is fourteen days from the day of conclusion of the contract or from the day on which you or a third party named by you took possession of the goods.

To exercise your right of withdrawal, declare the withdrawal by means of a clear statement — for example, by email to office@lumi-systems.io or by post to Lumi-Systems.io, Dimitri Rupp, Arnikaweg 47a/3, 1220 Vienna. To meet the deadline, it is sufficient that you send the notification before the deadline expires.

10.2 Online withdrawal function

In addition to a declaration by email or post, you have on our website an online withdrawal function available to you. You can access it at „Withdraw from contract“ — linked in the footer of every page and in the customer account for the respective order. The function is also accessible without logging in.

In it, you enter your name, the order number and the email address to which we should send the acknowledgement of receipt, and then confirm your declaration with the button „Confirm withdrawal“. The function is continuously available throughout the entire withdrawal period.

We will then promptly send you an acknowledgement of receipt by email, which records the content of your declaration as well as the date and time of receipt. Under § 13a Abs. 6 FAGG, your withdrawal is deemed to have been exercised within the period if you have sent the online declaration before the end of the period.

10.3 Consequences of withdrawal

If you have withdrawn, we will refund all payments we have received from you without undue delay and at the latest within fourteen days from the day on which the notification of withdrawal was received by us. For the refund, we will use the same means of payment that you used for the original payment.

If you have requested that the service begin during the withdrawal period, you shall pay a reasonable proportion for the service already provided.

10.4 Return of goods

In the case of goods, send them back to us without undue delay, and at the latest within fourteen days from the notification of withdrawal. The consumer bears the direct costs of return. The consumer bears a loss in value if it is due to handling that impairs the value of the goods.

10.5 Exceptions to the right of withdrawal

The right of withdrawal exists, among other things, not for:

• Goods made to customer specifications or clearly tailored to personal needs — such as individually configured or upgraded devices,
• sealed goods that are not suitable for return for reasons of health protection or hygiene once the seal has been removed,
• digital content, which are not delivered on a physical medium if we have begun performance after you have expressly consented and confirmed your awareness of the loss of the right of withdrawal,
• Services, if we have begun performance after you have expressly consented and confirmed your awareness of the loss of the right of withdrawal.

The content and legal consequences of the right of withdrawal arise from § 11 FAGG and § 3 KSchG. In distance selling transactions, consumers receive separate withdrawal instructions as part of their order.

11. Warranty

The statutory warranty provisions apply. Vis-à-vis consumers, the warranty period is two years from handover; for used movable items, it may, pursuant to § 9 KSchG, be reduced to one year — we make use of this option when selling Refurbished Notebooks.

Vis-à-vis entrepreneurs, the warranty period for movable goods is one year from handover; for buildings, the statutory period applies.

Defects must be reported to us without delay after their discovery so that rectification is possible. The customer must grant the necessary access and cooperation for this purpose.

No warranty exists for defects resulting from: alterations by the customer or third parties, improper use, failure to observe the documentation, disruptions to third-party services, force majeure, or failure by the customer to back up data.

12. Liability

12.1 General principle

Liability is governed by the statutory provisions. We are liable without limitation for intent and gross negligence. Liability for slight negligence is excluded unless essential contractual obligations are affected; in that case, it is limited to typically foreseeable damage.

Liability for personal injury and mandatory product liability remain unaffected. This includes in particular liability under the Product Liability Act (PHG) in the version applicable at the time and, from 9 December 2026, additionally liability under the EU product liability law implemented in Austria (Directive (EU) 2024/2853). This obligation to compensate cannot be excluded or limited in advance (§ 9 PHG); the above limitations do not apply in this respect. With respect to consumers, the limitations of liability are effective only within the legally permissible scope.

12.2 Data loss

The customer is responsible for backing up its data. We are liable for data loss only to the extent that the damage would have occurred even with proper data backup by the customer. Where agreed, we assume backups; their restoration does not replace the customer's own data backup. Mandatory statutory liability for the destruction or damage of data remains unaffected, in particular under product liability law (see 12.1).

12.3 Customer content

We are not responsible for content that the customer provides or has provided. We are not obliged to check it for completeness, accuracy, or legality. If we are held liable because of such content, the customer shall indemnify us for demonstrably necessary expenses, provided the customer is at fault.

12.4 Third-party services

We are not liable for failures, changes or damages arising from third-party services and software (such as hosting, payment services, language models or software manufacturers) unless we are at fault. Such services are commissioned in the name and for the account of the customer.

We describe how we implement product safety, testing, updates and operation under Product liability and product safety.

13. Data Protection and Confidentiality

We process personal data exclusively in accordance with the General Data Protection Regulation and the relevant Austrian provisions. For details, please refer to our Privacy Policy.

Where we process personal data on behalf of the customer — for example, when operating applications on our infrastructure — we will conclude a data processing agreement pursuant to Art. 28 GDPR upon request. This is provided for in particular for hosting services.

Both parties undertake to maintain confidentiality regarding confidential information of the other party that becomes known to them in the course of the cooperation. This obligation continues to apply after the end of the cooperation.

Where we receive customer access credentials for a service, we use them exclusively for the agreed purpose. The customer grants only the necessary rights and revokes them after completion of the service.

14. Rights of Use to Results

Results created by us for the customer — in particular configurations, scripts, source code and documentation — are made available to the customer upon full payment for use to the agreed extent. Until then, the rights remain with us.

Where results are based on open-source components, their license terms apply additionally. Conversely, we undertake to hand over to the customer the documents and access credentials required for operation so that the customer can continue to operate the results without us.

If we remain the holder of the rights to our own tools, libraries or templates, we grant the customer a perpetual, non-exclusive right of use for the contractually intended purposes.

15. Sale of Used Devices (Refurbished Notebooks)

15.1 Condition

The notebooks sold are used devices. They are technically inspected, cleaned and delivered with an installed Linux operating system. Signs of use — for example on the housing, keyboard or display — are possible and do not constitute a defect, provided they do not impair functionality.

Information on hardware, condition and scope of delivery is provided in the respective product description.

15.2 Warranty and Guarantee

The warranty period under Section 11 applies — for consumers for used devices one year from handover. Independently of this, we provide on our devices a one-year guarantee within the meaning of a durability commitment. This guarantee does not restrict statutory warranty rights.

The guarantee does not cover damage caused by improper use, drops, liquid, modifications by third parties, or wear of consumables such as battery and keyboard, unless there is a manufacturing or material defect.

15.3 Operating System and Software

The installed operating system is open-source software and is provided without additional license costs. Paid third-party software is not included unless expressly stated. For restoring the factory state, we will provide a recovery medium or instructions upon request.

15.4 Shipping and Transfer of Risk

The risk of accidental loss and accidental deterioration passes to the customer upon handover to the carrier; vis-à-vis consumers, only upon delivery of the goods. Transport damage must be reported and documented without delay.

16. Retention of Title

Delivered goods remain our property until full payment. The customer may not dispose of the goods before full payment, in particular may not sell, pledge, or transfer them by way of security. In the event of third-party access, the customer must point out our ownership and notify us without delay.

17. Force Majeure

Events of force majeure — in particular natural disasters, epidemics, war, terrorist attacks, strikes, official measures, large-scale network or power outages, and failures of upstream infrastructure and software providers — release us from our performance obligation for the duration and extent of the impediment. We will inform the customer without delay and endeavor to find a reasonable alternative solution.

If the impediment lasts longer than two months, either party may terminate the affected contract without any obligation to pay damages with effect for the future. Services already rendered must be invoiced.

18. Dispute Resolution and Jurisdiction

The following applies: Austrian law excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of the mandatory provisions of the law of their habitual residence.

For disputes with entrepreneurs, the court with subject-matter jurisdiction in Vienna has exclusive jurisdiction. For disputes with consumers, the statutory places of jurisdiction apply; an exclusive place of jurisdiction at our registered office is permissible vis-à-vis consumers only to the extent permitted by law.

The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr/. Our email address is office@lumi-systems.io.

We are willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board. Please address complaints first to office@lumi-systems.io, so that we can seek an amicable solution.

19. Changes to These Terms

We reserve the right to amend these terms for future orders. For ongoing contracts, amendments become effective only if the customer agrees to them or if the amendment is required by mandatory statutory or regulatory requirements and is reasonable for the customer. In this case, we will inform the customer at least one month in advance.

For contracts already concluded, the version valid at the time the contract was concluded applies.

20. Final Provisions

Should individual provisions of these terms be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The statutory provision shall take the place of the invalid provision. The same applies to gaps.

Amendments and additions to the contract must be made in writing; this also applies to the cancellation of this clause. No oral ancillary agreements exist.

These terms were last updated on 26 September 2026 updated and correspond to version 1.0. If you have any questions, please contact office@lumi-systems.io.