Terms of Service
Please read these terms and conditions carefully before using our services.
1. Introduction
Welcome to Gajera IT Solutions, a sole proprietorship (Einzelunternehmen) operated by Jaykumar Gajera ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of our website, software development services, consulting services, and related offerings (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Services.
2. Service Description
Gajera IT Solutions provides:
- • Custom software development services
- • AI and machine learning solutions
- • Cloud-native application development
- • Digital transformation services
- • Offshore development services
All services are provided subject to the terms and conditions outlined in individual service agreements.
3. User Responsibilities
You agree to:
- • Provide accurate and complete information when requesting services
- • Maintain the confidentiality of any login credentials
- • Use our services only for lawful purposes
- • Respect intellectual property rights
- • Comply with all applicable laws and regulations
- • Pay all fees associated with services in a timely manner
4. Intellectual Property
Our IP: All content, features, and functionality of our website and proprietary methodologies remain the exclusive property of Gajera IT Solutions.
Custom Development: Intellectual property rights for custom-developed solutions will be defined in individual project agreements.
Client IP: We respect your intellectual property and will maintain confidentiality as outlined in our project agreements.
5. Payment Terms
- • Payment terms will be specified in individual service agreements
- • Late payments may incur additional charges
- • All prices are exclusive of applicable taxes
- • Refunds are subject to the terms of individual agreements
6. Right of Withdrawal (Widerrufsrecht)
If you are a consumer within the meaning of §13 BGB (Bürgerliches Gesetzbuch), you have the right to withdraw from a distance contract within 14 days without giving any reason, in accordance with the German Distance Selling Act (Fernabsatzgesetz) and §§355–356 BGB.
The withdrawal period expires 14 days after the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us of your decision to withdraw by an unequivocal statement (e.g., a letter sent by post or e-mail) to:
Gajera IT Solutions
Jaykumar Gajera
Lippersdorfer Weg 17, 01189 Dresden, Germany
Email: info@gajeraitsolutions.com
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal: If you withdraw from the contract, we shall reimburse all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
Exception: If you have requested that the performance of services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal, in comparison with the full scope of the contract (§357a BGB).
7. Limitation of Liability
Our liability is governed by the following provisions in accordance with German law:
- • We bear unlimited liability for damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), as well as for injury to life, body, or health, regardless of the degree of fault.
- • In cases of slight negligence (leichte Fahrlässigkeit), we are liable only for breach of a material contractual obligation (Kardinalpflicht). In such cases, our liability is limited to the foreseeable, contract-typical damage.
- • Liability for indirect, incidental, special, or consequential damages, including loss of profits, data, use, or goodwill, is excluded to the extent legally permissible, unless caused by intent or gross negligence.
- • Our total liability for any claim arising from slight negligence shall not exceed the amount paid by you for the specific service giving rise to the claim.
- • Liability under the German Product Liability Act (Produkthaftungsgesetz) and other mandatory statutory provisions remains unaffected.
The above limitations apply accordingly to the liability of our employees, representatives, and vicarious agents.
8. Data Protection & Privacy
We are committed to protecting your privacy and complying with GDPR and other applicable data protection laws. Please refer to our Privacy Policy for detailed information about how we collect, use, and protect your data.
9. Termination
We may terminate or suspend your access to our services immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
Upon termination, your right to use the services will cease immediately.
10. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For business clients (B2B), the place of jurisdiction is Dresden, Germany. For consumers (B2C), the statutory provisions on jurisdiction shall apply.
Online Dispute Resolution (ODR): The European Commission provides a platform for online dispute resolution (ODR) at https://ec.europa.eu/consumers/odr/. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Our email address is: info@gajeraitsolutions.com
11. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on this page and updating the "Last Updated" date.
Contact Information
If you have any questions about these Terms of Service, please contact us:
Business Owner: Jaykumar Gajera
Business: Gajera IT Solutions (Einzelunternehmen)
Address: Lippersdorfer Weg 17, 01189 Dresden, Germany
VAT ID: DE369989663
Email: info@gajeraitsolutions.com
Phone: +49 15209155571
Website: www.gajeraitsolutions.com