Terms of Service

Introduction

These Terms of Service ("Terms") govern your access to and use of the website and services provided by obsidiandrift GmbH ("obsidiandrift", "we", "our", or "us"). By accessing our website or using our services, you agree to be bound by these Terms.

If you do not agree with any part of these Terms, you must not use our website or services.

Acceptance of Terms

By accessing or using obsidiandrift's website, services, or any related applications, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and obsidiandrift.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after any modifications constitutes your acceptance of the revised Terms.

If you are using our services on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

Company Information

Services Description

obsidiandrift provides corporate restructuring consultancy services, including but not limited to:

• Financial restructuring and optimisation
• Operational excellence consulting
• Organisational transformation services
• Strategic planning and advisory
• Risk management consulting
• Stakeholder management support

All services are provided in accordance with professional standards and applicable laws. Specific terms for individual engagements will be set forth in separate service agreements.

User Obligations

When using our website and services, you agree to:

• Provide accurate, current, and complete information
• Maintain the confidentiality of any account credentials
• Use our services only for lawful purposes
• Not interfere with or disrupt our services or servers
• Not attempt to gain unauthorised access to our systems
• Comply with all applicable laws and regulations
• Respect the intellectual property rights of obsidiandrift and third parties
• Not use our services for any fraudulent or malicious activities

You are responsible for all activities that occur under your account and for maintaining the security of your account information.

Intellectual Property

All content, materials, and intellectual property on the obsidiandrift website and in our services, including but not limited to text, graphics, logos, images, software, methodologies, and documentation, are the exclusive property of obsidiandrift or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable licence to access and use our website and services for their intended purposes. This licence does not include the right to:

• Reproduce, distribute, or publicly display our content
• Modify, adapt, or create derivative works
• Use our content for commercial purposes without express permission
• Remove or alter any proprietary notices

Any unauthorised use of our intellectual property may result in legal action and termination of your access to our services.

Confidentiality

obsidiandrift recognises the confidential nature of information shared during our professional engagements. We maintain strict confidentiality standards and will not disclose client information except as required by law or with explicit client consent.

Clients are expected to respect the confidentiality of obsidiandrift's proprietary methodologies, processes, and business information disclosed during the course of our engagement.

Specific confidentiality terms will be detailed in individual service agreements and non-disclosure agreements as appropriate.

Limitation of Liability

To the maximum extent permitted by applicable law, obsidiandrift shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from or related to your use of our website or services.

Our total liability for any claims arising from or related to our services shall not exceed the amount paid by you for the specific services giving rise to the claim during the twelve (12) months preceding the claim.

We provide our services on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Nothing in these Terms shall limit our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be limited by law.

Indemnification

You agree to indemnify, defend, and hold harmless obsidiandrift, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses arising from or related to:

• Your use of our website or services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your infringement of any third-party rights
• Any information or content you provide to us

Payment Terms

Payment terms for our services will be specified in individual service agreements. Generally:

• Invoices are payable within 30 days of receipt unless otherwise agreed
• Late payments may incur interest charges as permitted by law
• We reserve the right to suspend services for overdue accounts
• All fees are exclusive of applicable taxes, which are the client's responsibility

Governing Law

These Terms and any disputes arising from or related to our services shall be governed by and construed in accordance with the laws of Germany, without regard to conflict of law principles.

Any legal proceedings arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Berlin, Germany. You consent to the personal jurisdiction of such courts and waive any objection to venue.

For clients located in other EU member states, this choice of law and jurisdiction shall not deprive you of the protection afforded by mandatory consumer protection laws of your country of residence.

Termination

These Terms remain in effect until terminated by either party. You may terminate your use of our services at any time by discontinuing access to our website and services.

We may terminate or suspend your access to our services immediately, without prior notice, if you breach these Terms or engage in conduct that we determine to be harmful to our business or other users.

Upon termination:

• Your right to access and use our services will cease immediately
• You must cease all use of our intellectual property
• Any outstanding payment obligations will become immediately due
• Confidentiality obligations will survive termination

Termination of these Terms does not affect any rights or obligations that have accrued prior to termination.

Force Majeure

obsidiandrift shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour disputes, government actions, or technical failures.

In such events, we will use reasonable efforts to minimise the impact and resume normal operations as soon as practicable.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

Entire Agreement

These Terms, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and obsidiandrift regarding the use of our website and services, superseding all prior agreements and understandings.

Contact Information

If you have any questions about these Terms or wish to report a violation, please contact us: