Terms
General Terms and Conditions for Deep Tech, Cybersecurity & AI Architecture.
STATUS: 28. MARCH 2026 | STATUS: VGT MASTER DATASHEET SYNCED | APPLICABILITY: B2B & B2C (HYBRID)
§ 1 Scope (B2B & B2C)
(1) These General Terms and Conditions (T&C) apply to all contracts between VisionGaia Technology (hereinafter “VGT”) and its customers.
(2) Differentiation: These T&C apply both to consumers (§ 13 BGB) and to entrepreneurs (§ 14 BGB), legal entities under public law and public-law special funds. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor to their independent professional activity. An entrepreneur is a natural or legal person who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
(3) Deviating or supplementary T&C from entrepreneurs are not part of the contract, unless VGT expressly agrees to their validity in writing.
§ 2 Contract Subject & VGT Doctrine
(1) The subject of the contract is the provision of Deep-Tech solutions, in particular the implementation of the VGT Omega Protocol, the provision of software licenses (VGT Sentinel, VGT Aethel AI) and the provision of OSINT analyses (Shadow Intel).
(2) Architecture instead of Patch: VGT provides services according to the paradigm of "Deterministic Immunity". We are responsible for the proper, technical implementation of the defense mechanisms specified in the offer. VGT does not guarantee the customer's economic success or general IT maintenance outside the contractually defined security parameters.
§ 3 "Unknackable Guarantee" & Performance Definition
(1) Where an individual offer or SLA guarantees a "100% Investment Refund" (Unknackable Guarantee), strict, conclusive conditions apply: The guarantee applies exclusively only when an external attacker gains unauthorized Root or Admin access by bypassing the cryptographic or kernel-level protections implemented by VGT (e.g., AES-256-GCM Bypass).
- Social Engineering & Phishing: When the customer or their employee passes credentials, 2FA tokens, or session cookies to third parties or clicks on prepared payloads (Layer 8).
- Compromised Credentials: Logins by attackers using legitimate, otherwise compromised credentials.
- Physical Access: Theft of unlocked hardware.
§ 4 System Integrity & Drift Violation
(1) The VGT architecture operates in a state of delicate balance. The customer agrees not to alter the infrastructure established by VGT without authorization.
(2) Drift Violation: Any unauthorized modification of kernel parameters, changing UFW/Firewall rules, adding administrative rights, disabling SELinux, or turning off the VGT SafetySys™ Daemon by the customer is considered a Drift Violation (misuse).
(3) Legal Consequence: For businesses, a Drift Violation results in the immediate termination of all warranty claims, SLAs, and guarantees. For consumers, a Drift Violation constitutes improper use, and warranty is void for resulting defects or security incidents (§ 434 BGB or § 327e BGB), as the fault lies in the consumer's sphere.
§ 5 Prices and Payment Terms
(1) For Consumers, all listed prices are gross prices including statutory VAT (MwSt.).
(2) For Businesses, all prices are net plus the applicable statutory VAT.
(3) Invoices are due immediately upon receipt without deduction, unless otherwise agreed. SaaS and license fees are charged in advance.
§ 6 Licensing Rights, VGT OS & Cryptographic Protection
(1) The customer receives a simple, non-transferable, time‑limited right to use the software developed by VGT within the agreed scope.
(2) Prohibition of Reverse Engineering: Specific modules (such as the VGT OS Kernel) decrypt proprietary algorithms solely at runtime in memory. Any attempt by the customer to reverse engineer, dump memory, or bypass encryption is strictly prohibited.
(3) If the customer acts as a entrepreneur, a contract penalty of 50,000.00 EUR is agreed upon for each violation of paragraph 2, payable immediately.
§ 7 OSINT & Protocol Zero (Shadow Intel)
(1) When the customer uses the VGT "Shadow Intel" system, VGT merely provides the technological infrastructure. VGT aggregates data from public sources. The customer bears sole legal responsibility for the use of the generated dossiers.
(2) Protocol Zero: For privacy reasons, the system immediately performs "Protocol Zero" after AI synthesis (Ephemeral Cache Wipe). All crawled raw data is completely destroyed.
§ 8 Limitation of Liability
(1) VGT is fully liable for damages arising from injury to life, body, or health, as well as for intent and gross negligence.
(2) In the case of slight negligence in the breach of essential contractual obligations (cardinal duties), liability is limited to the typical, foreseeable damage.
(3) Against entrepreneurs, liability for slight negligence is further limited to the amount of payments made by the entrepreneur during the current contract year.
(4) Otherwise, liability for simple negligence is excluded. VGT is particularly not liable for successful hacking attacks via "Zero-Day Exploits" (novel, unknown vulnerabilities at the time of attack).
§ 9 Warranty
(1) For consumers: The statutory warranty rights apply (in particular §§ 434 ff., 327 ff. BGB).
(2) For entrepreneurs: Warranty claims require that the entrepreneur has properly complied with statutory inspection and complaint obligations (§ 377 HGB). The warranty period is 12 months from delivery or provision of the software.
§ 10 Right of Withdrawal for Consumers & Early Termination
Consumers are entitled to a statutory right of withdrawal.
Right of WithdrawalYou have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of conclusion of the contract. To exercise your right of withdrawal, you must inform us (VisionGaia Technology, Cleverstraße 11, 50668 Cologne, E-Mail: info@visiongaia.de) by means of a clear statement of your decision to withdraw from this contract.
Consequences of WithdrawalIf you withdraw from this contract, we will refund all payments we have received from you immediately and in any event no later than fourteen days from the day we receive your notice of withdrawal.
For digital content (software, license keys, scripts):
Your right of withdrawal expires prematurely in contracts for the delivery of digital data not on a physical medium if we have begun performance of the contract after you expressly agreed that we may start performance before the withdrawal period expires, and you have confirmed your awareness that by your consent you lose your right of withdrawal upon commencement of contract performance.
For services (security audits, system hardening):
The right of withdrawal expires in a contract for the provision of services even if we have fully performed the service and only started execution after you gave your explicit consent, and you simultaneously confirmed your awareness that you lose your right of withdrawal upon full performance by us.
§ 11 Final Provisions & Dispute Resolution
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the state where a consumer has their habitual residence remain unaffected.
(2) If the customer is a merchant, a legal entity under public law, or a public-law special fund, the exclusive jurisdiction for all disputes is Cologne. The same applies if the customer has no general jurisdiction in Germany.
(3) Information on Online Dispute Resolution (B2C): The EU Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. VGT is neither willing nor obliged to participate in dispute resolution procedures before a consumer arbitration body.
