Disclaimer / Liability Exclusion

Graham Miranda
Hasselfelder Str. 23
38889 Blankenburg (Harz), Germany
E-Mail: [email protected]
Telefon: +49 15678 397267

Last Updated: November 12, 2025

1. General Liability Exclusion

Liability for Content

As a service provider, we are responsible for our own content on these pages in accordance with Section 7 para. 1 Digital Services Act (DDG) and general laws.

However, pursuant to Sections 8-10 of the DDG, we are not under obligation to monitor third-party information transmitted or stored or to investigate circumstances pointing to illegal activity. We are not liable if:

• We were not aware of the unlawful content
• We immediately removed the content upon becoming aware of it
• Removal was technically impossible or would impair website operation

2. Liability for External Links

We are not responsible for websites to which we link. While we select external links carefully before including them on our site, we cannot guarantee that they remain lawful or unchanged.

Disclaimer for External Links

External links are chosen carefully, but their contents are beyond our control. We are not responsible for:

• Content of external websites
• Data protection violations on external websites
• Malware or viruses on external websites
• Unlawful or illegal content on external websites

3. Liability for Availability and Functionality

Technical Disruptions

We strive to keep our website continuously available. However, technical disruptions, overloads, or maintenance work may cause temporary outages.

We are not liable for:

• Website unavailability or downtime
• Technical errors or defects
• Transmission errors or data loss
• Delays in data transmission

Exception: In cases of intent or gross negligence, liability exists according to Section 7 para. 1 DDG.

4. Liability for Timeliness and Accuracy

All content on this website is regularly updated. However, errors or inaccuracies may still occur.

We do not guarantee:

• Complete accuracy of all information
• Continuous availability of all content
• Currency of all data
• Error-free website functionality

5. Liability for Services and Advice

Consulting Services

All consulting services and information on this website are based on our best knowledge and experience. However, we do not assume liability for:

• Incompleteness or inaccuracy of information
• Lost profits or savings
• Economic consequential damages
• Indirect damages (consequential damages)

IT-Dienste

All IT services are provided to the best of our ability. Nevertheless, we are not liable for:

• Data loss without proper backups
• Virus infection by third parties
• Cyber attacks that occur despite security measures
• System failures due to external factors

6. Liability for Consequential Damages

We are not liable for:

• Lost Profits (lost revenue from business operations)
• Lost Savings (savings that would have been made)
• Loss of Business Opportunities (missed business opportunities)
• Reputational Damage (except in insured cases)
• Loss of Customer Data
• Business Interruptions (loss due to operational downtime)
• All Indirect or Consequential Damages

These liability exclusions apply to:

• Verwaltung
• Employees
• Agents
• Suppliers

7. Liability Limitation for Business Customers

For business customers, our liability is limited to the following caps:

Insurance Basis: Markel Versicherung SE
Nummer der Police: ON.MPI.64092
Coverage Period: 06.10.2025 – 06.10.2026

These limits do not apply to:

• Intentional damage
• Gross negligence
• Violation of fundamental rights
• Personal injury or death

8. Exceptions to Liability Exclusion

The following liability cannot be excluded:

Mandatory Liability

We are liable without limitation for:

• Intentional Damages – if we deliberately caused harm
• Gross Negligence – if we consciously ignored the risk
• Violation of Fundamental Rights – if bodily integrity, life, or health were violated
• Data Protection Violations – GDPR liability cannot be excluded
• Product Liability – under the Product Liability Act (ProdHaftG)
• Fraud – if we deliberately concealed important information

9. Liability for IT Security and Data Protection

Security Measures

We implement appropriate security measures, including:

• SSL/TLS encryption
• Regular backups
• Firewalls and intrusion detection systems
• Regelmäßige Sicherheitsupdates
• Access restrictions

However: Complete security cannot be guaranteed. Cyber attacks may occur even with security measures in place.

Data Protection Liability

We are liable for violations of the GDPR according to Article 82 GDPR. This liability cannot be excluded.

However, we are not liable for:

• Data loss due to customer backup failures
• Virus infection from insecure customer devices
• Phishing attacks through social manipulation

10. Liability for Customer Data

Data Security

We secure customer data according to GDPR and best practices. However, we are not liable for:

• Data loss without proper customer backups
• Unauthorized access through external cyber attacks despite security measures
• Misuse of access credentials shared by the customer

Exception: We are liable within insurance limits if we negligently failed to implement security measures.

11. Liability for Software and Tools

Software and Applications

All software and tools on this website are provided “as is” (in their current state).

We provide no warranty for:

• Error-Free Operation – Bugs or errors may occur
• Fitness for Purpose – Software may not be suitable for every purpose
• Compatibility – Compatibility with all systems is not guaranteed
• Technical Support – Technical support is not guaranteed

12. Liability for Payment Processing

Payment Methods and Bank Transactions

For secure transmission of payment information, we use encrypted connections.

We are not liable for:

• Payment transmission errors
• Payment failures due to bank errors
• Fraudulent payments by third parties
• Unauthorized payments

Security: Your credit card data is never stored on our servers.

13. Liability to Third Parties

Third Parties and Liability Limitation

These liability exclusions apply to:

• Employees
• Managers
• Advisors
• Suppliers
• Contractors

Third parties may rely on these exclusions.

14. Severability Clause

If individual liability exclusions are invalid, the remainder of the liability exclusion remains valid.

The invalidity of one exclusion does not impair the validity of other exclusions.

15. Specific Liability Exclusions

For Business Customers (B2B)

The following additional liability exclusions apply to business customers:

• Liability for business interruption
• Liability for lost profits
• Liability for loss of customer relationships
• Liability for reputational damage (except if insured)

For Consulting Services

We are not liable for:

• Business decisions based on our advice
• Results that differ from our forecasts
• Market fluctuations or economic changes
• Third-party factors outside our control

16. Insurance Coverage

IT Liability Insurance

Our insurance coverage partially covers liability risks:

Versicherer: Markel Versicherung SE
Nummer der Police: ON.MPI.64092
Coverage Limits:

• Financial Losses: €300,000
• Personal Injury/Property Damage: €3,000,000
• Annual Aggregate Limit: 3-fold insurance sum

Valid Until: 06.10.2026

This insurance covers certain risks but not all possible damages.

17. Contact for Liability Questions

For questions regarding this disclaimer or insurance:

Graham Miranda
Hasselfelder Str. 23
38889 Blankenburg (Harz)
Deutschland

Telefon: +49 15678 397267
E-Mail: [email protected]

Insurance Company:

Markel Versicherung SE
Sophienstr. 26
80333 München
E-Mail: [email protected]
Phone: +49 89 205094-400

18. Validity and Changes

This disclaimer is effective as of November 12, 2025.

We reserve the right to change these terms at any time. Changes will be published on this page.

This disclaimer was created in compliance with the Digital Services Act (DDG), Section 7 DDG, Sections 8-10 DDG, the GDPR, and German liability law.

Last Updated: November 12, 2025