1.1 Data Controller

NovaCodeEngine, registered at 56659 Auf der Dau 25, Burgbrohl, Germany, is the data controller responsible for the processing of personal data collected through this website. For all privacy-related inquiries, contact us at [email protected].

1.2 Data We Collect

We collect the following categories of personal data when you interact with our platform:

• Contact Data: Name, email address, phone number, and company name submitted via our inquiry forms.
• Technical Data: IP address, browser type, operating system, and referring URLs collected automatically through server logs.
• Usage Data: Pages visited, session duration, and interaction events captured by functional analytics tools.
• Cookie Data: Session identifiers and preference tokens stored via functional and essential cookies.

1.3 Purpose of Processing

Your personal data is processed exclusively for the following purposes:

• Responding to your project inquiries and providing technical proposals.
• Delivering contracted web development and API gateway services.
• Maintaining service-level agreements and platform uptime monitoring.
• Complying with applicable tax, accounting, and regulatory obligations under German and EU law.
• Sending transactional communications related to active projects (with your consent for marketing communications).

1.4 Legal Basis for Processing

We process your data under Article 6(1) of the GDPR based on: (a) your explicit consent given via our contact forms, (b) the performance of a contract or pre-contractual steps at your request, and (c) our legitimate interest in improving platform security and service delivery.

1.5 Data Retention

Personal data submitted through inquiry forms is retained for a maximum of 24 months from the date of last interaction, unless a contractual relationship is established, in which case data is retained for the duration of the contract plus 6 years in accordance with German commercial record-keeping requirements (HGB §257).

1.6 Data Sharing & Third Parties

NovaCodeEngine does not sell, rent, or distribute personal data to unauthorized third parties. Data may be shared with: (a) hosting infrastructure providers operating within the EU (AWS Frankfurt, Cloudflare) under data processing agreements, (b) payment processors (Stripe) for transactional purposes, and (c) legal authorities when required by applicable law.

1.7 Your Rights (GDPR)

Under the General Data Protection Regulation (EU) 2016/679, you have the following rights:

• Right of Access (Art. 15): Request a copy of all personal data we hold about you.
• Right to Rectification (Art. 16): Request correction of inaccurate or incomplete data.
• Right to Erasure (Art. 17): Request deletion of your data where no legal retention obligation applies.
• Right to Restriction (Art. 18): Request limitation of processing in certain circumstances.
• Right to Data Portability (Art. 20): Receive your data in a structured, machine-readable format.
• Right to Object (Art. 21): Object to processing based on legitimate interests.
• Right to Withdraw Consent: Withdraw consent at any time without affecting the lawfulness of prior processing.

1.8 CCPA Rights (California Residents)

If you are a California resident, the California Consumer Privacy Act (CCPA) grants you additional rights including: the right to know what personal information is collected, the right to delete personal information, the right to opt out of the sale of personal information, and the right to non-discrimination for exercising your privacy rights. NovaCodeEngine does not sell personal information.

1.9 Data Security

NovaCodeEngine implements industry-standard technical and organizational measures including TLS 1.3 encryption for data in transit, AES-256 encryption for data at rest, access-controlled database environments, and regular security audits. In the event of a personal data breach, we will notify the relevant supervisory authority within 72 hours in accordance with Article 33 of the GDPR.

1.10 International Data Transfers

Where data is transferred outside the European Economic Area, we ensure appropriate safeguards are in place through Standard Contractual Clauses (SCCs) approved by the European Commission or adequacy decisions under Article 45 of the GDPR.

1.11 Supervisory Authority

You have the right to lodge a complaint with the competent data protection supervisory authority. For NovaCodeEngine, this is the Landesbeauftragte für den Datenschutz und die Informationsfreiheit Rheinland-Pfalz (LDI RLP).

2.1 Agreement & Scope

These Terms of Service constitute a binding legal agreement between you (the Client) and NovaCodeEngine, registered at 56659 Auf der Dau 25, Burgbrohl, Germany. By engaging our services, submitting an inquiry, or making a payment, you agree to be bound by these terms.

2.2 Service Delivery

All web development, API gateway, and platform engineering services are delivered according to the specifications outlined in the executed Statement of Work (SOW) or Project Proposal. NovaCodeEngine commits to delivering services with reasonable skill and care in accordance with industry standards for professional software development.

2.3 Pricing & Payment

All prices quoted are in USD unless otherwise specified. Payment terms are defined in the individual project proposal. Standard terms require a 50% upfront deposit upon project commencement and 50% upon final delivery and acceptance. Late payments incur a 1.5% monthly interest charge. All quoted prices exclude applicable VAT.

2.4 Intellectual Property

Upon full and final payment of all agreed invoices, NovaCodeEngine assigns all worldwide intellectual property rights in the client-specific deliverables, including source code, design assets, and documentation, directly to the Client. NovaCodeEngine retains the right to reference the project in marketing materials unless the Client objects in writing.

2.5 Client Obligations

The Client agrees to:

• Provide timely access to necessary systems, APIs, credentials, and content required for project delivery.
• Designate a single point of contact for project communications and approvals.
• Review and provide feedback on deliverables within 5 business days of submission.
• Ensure all provided content and materials do not infringe third-party intellectual property rights.

2.6 Limitation of Liability

NovaCodeEngine's total aggregate liability under any project shall not exceed the total fees paid by the Client for that specific project. NovaCodeEngine shall not be liable for indirect, incidental, consequential, or punitive damages, including loss of profits, data, or business opportunities. This limitation does not apply to liability arising from willful misconduct or gross negligence.

2.7 Warranty

NovaCodeEngine provides a 30-day post-delivery warranty covering defects in workmanship and deviations from the agreed SOW specifications. This warranty does not cover issues arising from third-party services, client modifications, or force majeure events. Extended warranty periods may be purchased through our maintenance retainer plans.

2.8 Confidentiality

Both parties agree to maintain the confidentiality of proprietary information exchanged during the course of the engagement. This obligation survives the termination of the agreement for a period of 3 years.

2.9 Termination

Either party may terminate the agreement with 14 days written notice. In the event of termination, the Client is responsible for payment of all work completed up to the termination date. Work product delivered prior to termination is assigned to the Client upon payment.

2.10 Governing Law

These Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany. Any disputes arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts in Koblenz, Germany.

3.1 What Are Cookies

Cookies are small text files placed on your device when you visit our website. They help us recognize your browser, remember your preferences, and improve your experience across sessions.

3.2 Types of Cookies We Use

• Essential Cookies: Required for basic website functionality including session management, security tokens, and CSRF protection. These cannot be disabled.
• Functional Cookies: Remember your preferences such as language settings, cookie consent status, and UI customizations to enhance your experience.
• Analytics Cookies: Collect anonymized usage data including page views, session duration, and navigation patterns to help us optimize platform performance.

3.3 Specific Cookies

3.4 Managing Cookies

You can control and manage cookies through your browser settings. Most browsers allow you to block or delete cookies. Please note that disabling essential cookies may impair website functionality. To manage your cookie preferences on our site, use the cookie banner that appears on your first visit.

3.5 Third-Party Cookies

NovaCodeEngine does not use third-party advertising or tracking cookies. Analytics data is processed using privacy-respecting, first-party tools. No data is shared with advertising networks or social media platforms through cookie mechanisms.

3.6 Changes to This Policy

We may update this Cookie Policy periodically. Significant changes will be communicated through the website cookie banner. Continued use of the website after changes constitutes acceptance of the updated policy.

4.1 General Refund Terms

NovaCodeEngine is committed to delivering services that meet the specifications outlined in the executed Statement of Work. Refunds are handled on a case-by-case basis in accordance with German consumer protection law (BGB §355 Widerrufsrecht) and the specific terms below.

4.2 Pre-Project Deposits

The initial 50% deposit is refundable in full if cancellation occurs before any development work has commenced. Once development has begun, the deposit becomes non-refundable as it covers project planning, architecture design, and resource allocation.

4.3 Project Cancellation

• Before development begins: Full refund of deposit minus any administrative fees (5% of deposit amount).
• During development (0-50% complete): Refund of 50% of the remaining balance not yet invoiced.
• During development (50-100% complete): No refund on completed work. All delivered work product and IP are assigned to the Client upon payment for completed milestones.

4.4 Defective Deliverables

If delivered work materially deviates from the agreed SOW specifications, NovaCodeEngine will, at its discretion: (a) correct the defect within a reasonable timeframe at no additional cost, (b) provide a proportional refund for the deficient portion of the work, or (c) offer equivalent alternative deliverables. Claims must be submitted in writing within 14 days of delivery.

4.5 Subscription & Retainer Services

Monthly maintenance retainers and subscription-based services may be cancelled with 30 days written notice. The current billing period is non-refundable. Any prepaid months beyond the current billing period will be refunded in full.

4.6 Refund Process

Refund requests must be submitted in writing to [email protected] with the subject line "Refund Request - [Project Name]". We will acknowledge receipt within 2 business days and process approved refunds within 14 business days via the original payment method.

4.7 Dispute Resolution

In the event of a dispute regarding refunds, both parties agree to first attempt resolution through good-faith negotiation. If resolution cannot be reached within 30 days, either party may pursue mediation through the IHK Koblenz mediation service before initiating legal proceedings.

4.8 Contact for Refund Requests

For all refund inquiries, contact NovaCodeEngine at:
[email protected]
56659 Auf der Dau 25, Burgbrohl, Germany
Phone: +49 160 84729153