Terms and Conditions
As of: 2026-08-11
These Terms and Conditions (AGB) are divided into a general part and specific parts for each type of service. Your contract is governed by the general Part A and by the part that concerns your service. An individual agreement always takes precedence over these Terms.
Part A: General Provisions
A.1 Scope and Provider
These Terms apply to all services of Lean Shift UG (haftungsbeschränkt), Im Kleff 29, 58762 Altena, contact contact@lean-shift.com, represented by its Managing Director Matthias Sperling (hereinafter “provider”). These Terms are divided into a general part (Part A) and specific parts for the individual types of service. Part B applies to paid software (currently including in particular the LeanShift App Operator / Expert, LeanFakt, PlayPort LS, LeanShift Wire). Part C applies to free software (currently including in particular Vendo LS, LeanShift Basic, LearnShift). Part D applies to on-site services and training (currently including in particular the process audit, PoPshop, workshops, consulting). Part E applies to custom development and adaptations (in particular custom machine communication, exclusive system development, adaptation of standard modules). Part F applies to free content and downloads. Part G applies to machine projects in which the provider plans, designs and provides support. The product references are examples and not an exhaustive list. This Part A applies to all of the aforementioned services. The specific Parts B to G supplement it for the respective type of service. These Terms apply equally to consumers and businesses. These Terms also apply to future products and services of the provider. They fall within the type of service of Parts B to G to which they are to be attributed according to their nature, without any need to amend these Terms. Authoritative for the specific quality of a service is its product description. Deviating or conflicting terms of the customer do not become part of the contract unless the provider expressly agrees to their application in text form (Textform) in the individual case.
A.2 Definitions
A consumer is any natural person who enters into a legal transaction for purposes that predominantly can be attributed neither to their commercial nor to their independent professional activity (§ 13 BGB, German Civil Code). A business is a natural or legal person or a partnership with legal capacity that, when entering into the legal transaction, acts in the exercise of its commercial or independent professional activity (§ 14 BGB). A standard module is software offered by the provider as a standard product in its respective current version, which is not adapted for an individual customer and which the customer obtains via the provider's website. Its further development through updates does not affect its classification as a standard module. An exclusively adapted version is a version individually adapted or developed for a specific customer in accordance with Part E. A license is the right of use granted to the customer for paid software in accordance with the respective specific part. Activation is the unlocking of a license by which the paid features of a software become usable. A product description is the description of the respective service on the provider's website or in the respective offer, in the version published at the time the contract is concluded.
A.3 Precedence of Individual Agreement
Individual agreements between the provider and the customer always take precedence over these Terms. The content of such agreements is determined, subject to proof to the contrary, by a contract in text form or a confirmation by the provider in text form. Where a specific part (B to G) contains a provision that deviates from this Part A, the provision of the specific part prevails for the relevant type of service.
A.4 Formation of Contract
The contract is formed in different ways depending on the type of service. For free software (Part C), the contract is formed upon download or first use of the software. For paid software (Part B), the contract is formed upon completion of the purchase via the payment provider Stripe. The activation of the license is irrelevant to the formation of the contract; it merely determines the start of the term (Part B Section 4). For on-site services and training (Part D) as well as for custom development and adaptations (Part E), the contract is formed by offer and acceptance. A request submitted via the website is non-binding and does not constitute an offer. On its basis, the provider submits an offer; the contract is formed upon its acceptance. The provider confirms the conclusion of the contract in text form. For free content and downloads (Part F), a contract, insofar as one is formed at all, comes into existence upon retrieval or download of the content. The formation of the contract requires the full legal capacity of the customer or the consent of the legal representative. Where the use of an offering requires consent to the processing of personal data, the minimum age under Article 8 of Regulation (EU) 2016/679 applies in addition.
A.5 Contract Language and Contract Text
The languages available for the conclusion of the contract are German and English. These Terms are maintained in German and English; further language versions serve for information purposes. In the event of discrepancies between the language versions, the German version prevails, insofar as mandatory consumer protection provisions do not preclude this. The contract text, consisting of the order data and these Terms, is not stored in a customer account by the provider and is no longer accessible via the website after the contract is concluded. For paid software (Part B), the provider supplies the customer with the content of the contract including these Terms on a durable medium by email, together with the contract confirmation under Part B Section 11. In addition, the customer is advised to save or print these Terms and the order or engagement confirmation.
A.6 Prices and Taxes
For paid software (Part B), the purchase is processed via the payment provider Stripe. The calculation and collection of taxes is handled automatically by Stripe Tax based on the customer's location. For consumers, the price shown in the order process is the total price and includes the applicable value added tax. For businesses, prices are net plus the statutory value added tax. If the liability for the tax passes to the recipient of the service (reverse charge), no value added tax is charged. For on-site services and training (Part D) as well as for custom development and adaptations (Part E), prices result from the respective offer and become binding upon its confirmation in text form. Free software (Part C) as well as free content and downloads (Part F) are provided free of charge.
A.7 Payment and Default
For paid software (Part B), payment is due upon completion of the purchase and is processed via Stripe. The payment provider's terms apply additionally to the payment process. For on-site services and training as well as for custom development, the due date and method of payment are governed by the respective offer or individual contract. Absent any agreement to the contrary, the remuneration is due after performance of the service and receipt of a verifiable invoice. If the customer defaults on payment, the statutory provisions apply. In particular, the provider is entitled to demand default interest in accordance with §§ 288, 291 BGB. The assertion of any further damage caused by default remains unaffected. The customer is entitled to set-off only insofar as its counterclaim has been finally adjudicated, is undisputed, ready for decision, or has been recognized by the provider, or insofar as it stands in a synallagmatic relationship with the provider's claim. The customer may exercise a right of retention only for counterclaims arising from the same contractual relationship. Any further statutory rights of the consumer remain unaffected. Invoices are issued electronically. The customer consents to electronic invoicing; a paper invoice is issued only upon request and against reimbursement of the costs. As against entrepreneurs, the provider issues the invoice as a structured electronic invoice in accordance with Directive 2014/55/EU and standard EN 16931 as soon as it is obliged to do so; until then an invoice in another electronic format suffices. The customer ensures that it is able to receive and process structured electronic invoices and notifies the provider of the address designated for that purpose.
A.8 Customer's Cooperation
The customer provides the information required for the performance of the service accurately and completely. For software that generates calculations, analyses, or visualizations on the basis of the customer's input, the customer is responsible for the accuracy and completeness of that input. The results generated by the software are aids. Before using them, the customer reviews them on its own responsibility for plausibility and suitability for the intended purpose. Business, financial, personnel, and operational decisions are the responsibility of the customer. The customer is responsible for the regular backup of its data, in particular where the software stores data exclusively locally on the device. For on-site services and training as well as for custom development, the customer cooperates to the extent required, in particular by providing information, access, and contact persons in good time.
A.9 Confidentiality
The provider and the customer treat as confidential any information exchanged in the course of on-site services, training, or custom development that is marked as confidential or is by its nature to be regarded as confidential. They use such information only for the purposes of the respective contract and do not disclose it to third parties without the consent of the other party. The duty of confidentiality does not apply to information that was already known to the receiving party before disclosure, that is or becomes generally known without breach of this duty, that is disclosed to the receiving party by an authorized third party, or that was demonstrably developed independently by the receiving party. Statutory or official disclosure obligations remain unaffected. The duty of confidentiality continues to apply after the termination of the respective contract.
A.10 Data Privacy
Details on the processing of personal data can be found in the Privacy Policy, which is available on the provider's website. For the software, the following applies: user data that the customer enters into the software is stored locally on the customer's device. For the performance of the contract, the provider processes the data required for this purpose, in particular contact and payment data. This data is only shared with third parties insofar as necessary for the performance of the contract, for example with the payment provider.
A.11 Liability
The provider is liable without limitation in cases of intent and gross negligence, for injury to life, body, or health, under the provisions of the Product Liability Act (Produkthaftungsgesetz), for fraudulent concealment of a defect, and to the extent of a guarantee assumed by the provider. In cases of ordinary negligence, the provider is liable only for the breach of material contractual obligations (Kardinalpflichten). Material contractual obligations are those obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In these cases, liability is limited to the foreseeable damage typical of the contract at the time of its conclusion. Any further liability of the provider is excluded. The foregoing limitations also apply in favor of the provider's legal representatives and vicarious agents. For services provided free of charge, in particular free software (Part C) as well as free content and downloads (Part F), the statutory liability privileges of §§ 521, 524 BGB apply additionally. The foregoing exceptions for intent, gross negligence, injury to life, body, or health, and for mandatory statutory liability remain unaffected. Where the software stores data exclusively locally on the customer's device, the customer is responsible for backing up its data. In the event of data loss for which the provider is responsible, liability is limited to the effort that would have been required to restore the data had the customer carried out proper and regular data backups. The foregoing provisions on unlimited liability remain unaffected.
A.12 Force Majeure
Force majeure means unforeseeable and unavoidable events outside the control of the affected party, such as natural disasters, war, epidemics, official orders, industrial action at third parties, or large-scale failures of energy and communications infrastructure. If performance is temporarily prevented or substantially impeded by force majeure, the affected performance obligations are postponed by the duration of the impediment plus a reasonable restart period. The affected party notifies the other party of the impediment and its expected end without undue delay. If the impediment lasts longer than three months, either party may withdraw from or terminate the contract with respect to the part not yet performed. Services already rendered are settled. Any further statutory rights remain unaffected.
A.13 Export Control and Sanctions
The provider's services are subject to the foreign trade law of the European Union and the Federal Republic of Germany. The provider is not obliged to perform insofar as export, sanctions, or embargo provisions preclude such performance. The customer does not pass on software and license keys provided to it to third parties in violation of export control and sanctions provisions. The customer uses the software and its results for civil purposes only. Use in connection with armaments, weapons, delivery systems, or with the development, production, or deployment of nuclear, biological, or chemical weapons is excluded. If the customer becomes aware of such use or has indications of it, the customer informs the provider without delay. In that case the provider may refuse performance.
A.14 Changes to These Terms
The provider may amend these Terms in order to adapt them to changed legal or factual circumstances. The provider announces changes to the customer in text form at least 30 days before their intended effective date. The announcement identifies the affected provisions. Material changes, in particular those affecting the main performance obligations, prices, or the scope of the customer's rights, become effective only with the customer's express consent. Mere continued use of the service does not constitute consent. This section concerns changes to these Terms. The price of a renewal under Part B Section 4 is not a change to these Terms but the condition of the next contract period. It is governed solely by the procedure in that section, which gives the customer six weeks' advance notice and a right to object. If the customer objects to an announced change or refuses consent, the change does not become effective in relation to the customer. In this case, the contract continues on the previous terms until the end of the respective term. Both parties are entitled to terminate the contract as of the intended effective date of the change. In the announcement, the provider informs the customer of the 30-day period, of the requirement of express consent for material changes, and of the consequences of an objection.
A.15 Governing Law and Jurisdiction
German law applies exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers, the mandatory consumer protection provisions of the state in which they have their habitual residence remain unaffected pursuant to Article 6(2) of Regulation (EC) No 593/2008 (Rome I). The place of jurisdiction for merchants, legal entities under public law, and special funds under public law is the seat of the provider, insofar as such a place of jurisdiction can be validly agreed. This agreement concerns local jurisdiction only. Subject-matter jurisdiction is governed by statute. For consumers, the statutory places of jurisdiction apply. The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
A.16 Final Provisions, Methodology, and Third-Party Rights
Should any provision of these Terms be or become invalid or unenforceable, the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, the statutory provisions apply (§ 306 Abs. 2 BGB). Amendments and supplements to the contract should be made in text form. The priority of individual agreements (Part A Section 3) remains unaffected. LeanShift is based on the KATA methodology, documented by Mike Rother in his book “Toyota Kata” (2009). LeanShift is an independent product and is neither endorsed, sponsored, nor authorized by Toyota Motor Corporation or any methodology organization. Designations of standards and sets of rules as well as third-party trademarks are used for descriptive purposes only. There is no connection to their publishers or holders. If the customer provides the provider with ideas, suggestions for improvement, or other feedback on its products and services, the provider may use these free of charge and without time limit for the further development of its standard products. Confidential information of the customer under Section 9 and the customer’s own intellectual property rights remain unaffected.
Part B: Paid Software (Standard Modules)
B.1 Scope of This Part and Products
This part governs the paid provision of the provider's standard modules. Standard modules are the software products offered as a standard product in their respective published version. For the free Basic version and for services, the relevant other parts of these Terms apply. The products under this part currently include in particular: The LeanShift App for process recording and improvement work, in the Operator and Expert tiers. LearnShift, the learning application for exam preparation, in its paid tiers. Part C applies to the free tier of LearnShift. LeanFakt, the software for invoicing and inventory management. PlayPort LS, the configuration software. LeanShift Wire, the calculation software for cold forming. The price stated on the provider's purchase page at the time of purchase applies in each case. Prices are net plus the statutory value added tax for businesses. For consumers, the order process shows, before the purchase, the total price including the value added tax of their country. The purchase is processed via the payment provider Stripe. The calculation and collection of tax is handled by Stripe Tax based on the buyer's location. Further modules that the provider offers as a standard product in the future fall under this part upon their release, without any need to amend these Terms. Each standard module may additionally be commissioned as an exclusively adapted version. For such a commission, Part E of these Terms applies and not this part.
B.2 Subject Matter and Limits of Performance
The subject matter of the contract is the provision of the purchased standard module for use in the purchased tier and for the agreed term. The owed quality results from the provider's product description in the version published at the time of purchase. The provider develops the modules further. Updates may extend and change the feature scope. The core functionality described in the product description at the time of purchase remains usable for the term of the license. The modules are analysis and working tools. They record the user's input, perform calculations and analyses from it, and present the results. The results are based on this input. The decisions based on the results are made by the user. The modules do not provide any business, legal, or tax advice and do not replace any consulting or development service. Consulting and development may be commissioned as separate services in accordance with Parts D and E. Where a module uses clearly marked default values, these are a calculation aid and do not replace the user's own determination of the correct values. Results with a safety, construction, design, tax, or legal reference are always calculation or working proposals. Before their use, they must be reviewed and approved by a qualified person of the customer. No module performs a safety function, and no module carries out a conformity assessment. This applies to all present and future modules and currently in particular to the following products. LeanShift Wire calculates proposals for the design in cold forming. The results are calculation proposals. Before manufacturing, tooling, and press installation, they must be reviewed and approved by a qualified person of the customer. LeanShift Wire is not a protective device and does not perform any safety function. The calculations are based on idealised physical and mathematical models. Real materials deviate from them. Batch variations, differences in microstructure, deviations in tensile strength, and tolerances of the input material lie outside the model and outside the provider’s sphere of influence. They must be taken into account by a qualified person of the customer when designing the process. PlayPort LS computationally replicates the requirements of sets of rules, such as DIN EN 1176 and DIN EN 1177, and displays the status achieved. This presentation is not a conformity assessment. It does not replace the review and approval by a qualified person before construction. LeanFakt is a tool for creating and managing documents. The tax and commercial-law compliance of the accounting, the procedural documentation, and the retention are the responsibility of the customer. The export of data in common formats is part of the service, so that the customer can meet its retention periods independently of the product. LearnShift supports independent preparation for examinations. What is owed is the provision of the learning content, not exam success. Whether an examination is passed depends on the learner’s performance and on the assessment by the examining body; the examination is administered solely by the competent body. LearnShift is an independent offering and has no connection to chambers of industry and commerce, chambers of skilled crafts, or other examining bodies, and is neither supported nor authorised by them. Designations of such bodies and their examinations serve solely to describe the learning and examination objectives. The learning content does not replace any workplace instruction, any statutory or company training obligation, or any certification. Curricula, examination requirements, and the state of the law change, and the content may temporarily not yet reflect such changes. Authoritative at all times are the official sources and the requirements of the body competent for the learner. Beyond the individual products, the following limits apply to certain types of function, irrespective of the module in which the function appears. Where a module calculates or displays movements, paths, or kinematics, it is a tool for planning and for visualisation. It replaces no physical protective device, no hardware emergency stop circuit, and no safety-related control system under the applicable standards, such as DIN EN ISO 13849. Securing the working area, monitoring it, and providing the emergency stop devices are the responsibility of the operator of the installation. Where a module displays geometries in three dimensions or checks them for collisions, the representation is based on numerical approximations and on the geometry data provided. Conversion, tessellation, and image rendering may produce deviations from the dimensions of the real component, from bending radii, and from tolerances. A three-dimensional representation is not a manufacturing or construction drawing and does not replace measuring on site.
B.3 Types of License
All standard modules are provided as an annual license. The term is 365 days in accordance with Section 4. There is no permanent license to a standard module. The tiers of the LeanShift App, Operator and Expert, are provided as an annual license. LeanFakt, PlayPort LS, and LeanShift Wire are likewise provided as an annual license. For PlayPort LS and LeanShift Wire, the price and the scope are governed by the provider's respective offer, which is communicated before the purchase. Time-unlimited rights of use exist solely upon the complete acquisition of exclusively developed or adapted software pursuant to Part E. In that case, the software is provided without license protection; it requires neither an activation nor a license server. The scope of the respective tier and the relationship of the tiers to one another result from the product description. A change to a higher tier (upgrade) is possible at any time during the term. The portion of the price paid that has not yet been used up is credited on a pro rata basis toward the price of the higher tier. With the upgrade, the term of 365 days begins anew. A change to a lower tier is possible at the end of the current term.
B.4 Term, Activation, and Renewal
The term of an annual license is 365 days. It begins with the initial activation of the license and not with the purchase. No term runs until the initial activation. A redemption period may apply to a new license key. If a redemption period applies, its duration and expiry date are shown at the time of purchase. The initial activation should take place within this period. The license key does not lapse. If the redemption period expires without an initial activation having taken place, the term of 365 days begins automatically upon expiry of the redemption period. The license can still be activated thereafter and used for the remaining term. The redemption period limits only the period for redeeming the key, not the term of the license. Once the initial activation has taken place, the redemption period is no longer relevant. Where a module uses license activation, the activation requires a one-time online connection to the provider's license server. The data transmitted in the process is described in Section 9. After the initial activation, the license is checked on the device without a connection to the license server; the term is stored in the signed license on the device. An already activated license therefore remains usable even if the license server is temporarily unreachable or is discontinued. Only the initial activation and the change of device require the license server. After the term expires, there is a grace period of 3 days. Within this period, the feature scope of the license remains usable. The grace period is a voluntary addition and does not extend the term. It applies to license keys issued on or after 4 August 2026. For license keys issued before that date, a grace period of 30 days continues to apply for their entire term. Whether a license renews automatically after the 365 days have expired follows from the product description of the respective module and is shown in the order process before payment. Authoritative is the product description in the version published at the time the contract is concluded (Part A Section 2). If a license renews, it renews for a further 365 days each time, and the renewal is billed in advance at the start of the new period. If it does not renew, the right of use ends upon expiry of the term and the subsequent grace period; a renewal then applies only if it was expressly agreed at the time of purchase. If a license renews, the customer may terminate at any time. There is no notice period. The termination takes effect at the end of the current period that has already been paid for. Until then the license remains fully usable, and it does not renew again after that. Termination is possible through the cancellation page of the website, which is reachable from every page of the offering, or informally in text form to contact@lean-shift.com. The provider confirms receipt of the termination and the date on which it takes effect without undue delay, in text form. The renewal price follows the price list published at the time of the renewal. The provider announces any price change at least six weeks before it takes effect, in text form, and points out the right to object and its consequences. If the customer objects before the change takes effect, the contract ends upon expiry of the current period at the previous price.
B.5 Devices and Suspension
A license can by default be activated on up to three devices, unless a different number is specified in the offer. Changing devices is possible. To do so, you deactivate the license on the device no longer in use. The freed-up device slot is then available for a new activation. The provider may suspend a license if the purchase is reversed, in particular after an effective withdrawal or a refund, or if the license is used improperly. Improper use exists in particular in the passing on or resale of license keys in breach of Section 6. Improper use also exists where the system time of the device, the local clock setting, or the locally stored license file is deliberately altered in order to circumvent the expiry of a time-limited license. Upon suspension, the right of use ceases. The user's statutory rights remain unaffected.
B.6 Rights of Use
Upon full payment, you receive a simple, non-exclusive, and non-transferable right to use the purchased module in the purchased tier. The right applies for the term of the license. Not permitted are use beyond the purchased scope, in particular on more devices or by more users than purchased, subletting, the resale of license keys, sublicensing, circumventing or disabling the license check, the use of the software to develop competing products, and reverse engineering of the software, meaning its decompilation, its disassembly, and the recovery of the source code by any other means. The prohibition on reverse engineering applies only insofar as the mandatory statutory rights under the following paragraph do not preclude it. The prohibition under paragraph 2 does not apply to third-party libraries supplied with a module that are licensed under the GNU Lesser General Public License (LGPL) or under another license granting you the acts set out below. You may modify such libraries and replace them with an interface-compatible version of your own; and you may reverse engineer the module to the extent that this serves to debug such a modification. These acts do not constitute a breach of paragraph 2. Which libraries are supplied with a module, under which license they stand and how the replacement is carried out follows from the documents delivered with the module; for programs for Windows, from the folder “rechtliches” in the program directory. The mandatory statutory rights of the user of a computer program remain unaffected. In particular, you retain the right to intended use including error correction under § 69d UrhG (German Copyright Act) as well as the right to decompilation for establishing interoperability under § 69e UrhG. These rights are neither excluded nor restricted by the foregoing limitations. The data you enter remains attributed to you. The provider acquires no rights to it. If you act as an entrepreneur, or if you use or exploit the software commercially, you undertake to pay a contractual penalty for each culpable breach of paragraph 2. The provider determines its amount at its reasonable discretion; it may be reviewed for appropriateness by the competent court in the event of a dispute. The contractual penalty amounts to at least EUR 2,500 for use beyond the purchased scope, or five times the license fee accrued for the actual use, whichever amount is higher. It amounts to at least EUR 10,000 for subletting, for the resale of license keys and for sublicensing. It amounts to at least EUR 25,000 for reverse engineering, for circumventing or disabling the license check and for using the software to develop competing products. It amounts to at least EUR 50,000 for passing on or exploiting the source code and for reproducing the software. Where commercial use continues, a further EUR 25,000 is added for each month begun. In determining the amount, the following are to be taken into account in particular: the extent and duration of the distribution, the number of users reached, the advantage obtained by the party in breach, and a multiple of the license fee customary for such use. Several breaches arising from the same act count as one case. Further claims remain unaffected, in particular for injunctive relief, for information and rendering of account, for surrender of the profit made through the infringement, for damages under § 97 UrhG and under § 10 of the German Trade Secrets Act, and for destruction and deletion. The contractual penalty incurred is set off against a claim for damages. If you act as a consumer and neither use nor exploit the software commercially, no contractual penalty is agreed. In that case the statutory claims apply, as does the provider's right to block the license key and to terminate the contract for good cause.
B.7 Updates, Upgrades, and Installation
Updates are included for the purchased version. The provider provides them at its discretion, for bug fixing, maintenance, and the further development of features. Updates may add, change, and replace features. The statutory limits for changes to digital products in relation to consumers (§ 327r BGB) remain unaffected. The statutory obligation to update digital products under § 327f BGB remains unaffected. Within the scope of this obligation, the provider provides the updates necessary to maintain conformity. For LeanFakt, this includes updates to the legally prescribed data formats for invoices. The software owes its performance in the system environment stated in the product description. You keep this environment available, in particular the operating system versions, the free storage, and the computing power stated there. If your system environment changes subsequently, for instance through an operating system update, through third-party software, through drivers, or through a hardware defect, a malfunction caused by this is not a defect of the software. Within the update obligation under the preceding paragraph, the provider adapts the software where this is necessary to maintain conformity with the contract. If the software is used in a manufacturing environment, you are responsible for suitable operating conditions for the device. Malfunctions, crashes, and data damage caused by electromagnetic influences, by fluctuations in the mains voltage, by vibration, by temperature, or by other environmental influences at the place of use are not a defect of the software. The software can be obtained and installed outside the app stores, in particular as an Android package (APK) and as a Windows program (EXE) via direct download. This type of installation is intended. You obtain the files on your own responsibility from the provider's official download source and install them on your own responsibility.
B.8 AI-Assisted Features
The provider's software may contain features based on machine learning or on language models (AI-assisted features). The rules of this section apply to any present and future software of the provider with such features. Currently, the LeanShift App in particular contains AI-assisted features, such as coach and analysis texts, whose language model is executed locally on the user's device. The outputs of these features are generated by machine. They may be incomplete or inaccurate and must be reviewed by the user before use. The outputs are neither advice nor a binding recommendation for action. They are a decision aid for qualified persons. Direct or automated transfer into machine controls, into safety-related functions, or into running production processes is not permitted. Before any use, a qualified person of the customer reviews the output and releases it. Outputs of AI-assisted features are marked in the software as machine-generated. The user does not remove this marking. If the customer passes on or publishes such outputs outside the software, the customer indicates that they were generated by machine, insofar as a statutory obligation to do so applies, in particular under Article 50 of Regulation (EU) 2024/1689. Machine-generated outputs may contain wording that is subject to third-party rights. Any use outside the software, in particular publication, is reviewed by the customer on its own responsibility. For AI-assisted features, third-party models and components may be used that are subject to their own license terms, such as models of the Qwen series and components under the Apache 2.0 license. The respective software points out these components and their terms.
B.9 User Data
The provider's modules are offline-capable. The user data you generate resides exclusively locally on your device. The provider does not transmit or store this user data. This applies to every present and future module, unless its product description indicates otherwise. Export and backup functions are available for backing up your data. The backup itself is your responsibility. The provider cannot restore lost local data. If a module is described as an offline system, keeping it separated from networks is in your hands. If you connect the device to a network, attach storage media, or open interfaces, you are responsible for the resulting risks. Malfunctions, data losses, and security incidents attributable to this are not a defect of the software. The provider’s liability under Part A Section 11 remains unaffected. Where a module uses license activation, the activation and the license verification establish a connection to the provider's license server. In the process, the license key and a device identifier are transmitted. This transmission serves solely the administration of the license, for example the verification of the number of activated devices and any suspension. User data is not transmitted in the process and remains locally on your device. Details on the processing of personal data are governed by the provider's Privacy Policy.
B.10 Warranty
If you act as a consumer, the statutory rights in respect of defects for digital products under §§ 327 et seq. BGB apply. The provider owes the provision of the software in the agreed quality as well as the updates under Section 7. For the scope of the calculations and analyses, the performance description under Section 2, which defines the subject matter of the contract, applies. If you act as a business, you must report obvious defects in text form within 14 days of provision. For hidden defects, this period begins upon their discovery. If timely notice is not given, the software is deemed approved in this respect. Towards businesses, the provider’s strict liability for defects that were already present upon provision under § 536a(1) alternative 1 BGB is excluded, unless the provider fraudulently concealed the defect. Liability under Part A Section 11 remains unaffected. Otherwise, the statutory provisions apply to businesses. The provider remedies defects by supplementary performance, in particular by providing a corrected version. The consumer's further statutory rights remain unaffected. For businesses, the limitation period for claims in respect of defects is twelve months from provision. This does not apply to claims for damages under Part A Section 11, in cases of intent and gross negligence, in the event of injury to life, body, or health, or in the event of fraudulent concealment of a defect.
B.11 Right of Withdrawal for Digital Content
The statutory right of withdrawal applies exclusively to consumers within the meaning of § 13 BGB. If you act as a business within the meaning of § 14 BGB, you have no right of withdrawal. As a consumer, for a contract concluded by distance selling, you generally have the right to withdraw from the contract within 14 days without giving any reason. The period begins on the day the contract is concluded. To exercise your right of withdrawal, you must inform the provider, Lean Shift UG (haftungsbeschränkt), Im Kleff 29, 58762 Altena, telephone +491635159518, contact@lean-shift.com, by means of a clear statement, for example by letter or email, of your decision. Timely dispatch of the statement is sufficient to meet the deadline. The standard modules are digital content not supplied on a physical medium. The right of withdrawal expires pursuant to § 356 Abs. 5 BGB if the following three conditions are met together. First, you have expressly agreed that the provider begins performance of the contract before the withdrawal period expires. Second, you have confirmed your awareness that, by this consent, you lose your right of withdrawal. Third, the provider has supplied you with a confirmation of the contract on a durable medium pursuant to § 312f BGB. The consent and the confirmation of awareness under the first two conditions are obtained by the provider on its own website before you are forwarded to payment. There you tick two separate boxes, one for the early commencement of performance and one for the awareness of the loss of the right of withdrawal. Neither is pre-ticked, and without both, the path does not lead to payment. The provider records this declaration together with the time and the language version and links it to your payment via a transaction number. The provider fulfills the durable medium requirement under the third condition by means of a confirmation by email. This confirmation reproduces the content of the contract including these Terms and records your consent to the early commencement of performance as well as your confirmation of awareness of the loss of the right of withdrawal. Once all three conditions are met and performance has begun, there is no longer a right of withdrawal. Before purchasing, you can use the Basic version of the LeanShift App permanently and free of charge and thereby test the software comprehensively. If you withdraw effectively before the right expires, the provider refunds all payments received without undue delay and no later than within 14 days from the day on which your withdrawal statement is received, using the same means of payment you used for the payment. No fee is charged for the refund. For your statement, you may use the model withdrawal form in the annex to these Terms. Its use is not mandatory.
Part C: Free Software
C.1 Scope of This Part and Products
This Part C governs the use of the software that Lean Shift UG (haftungsbeschränkt) provides free of charge. It applies in addition to Part A of these Terms. The general provisions set out there also apply to the free software, unless this part contains a deviating provision. The subject matter of this part currently includes in particular the following applications. Vendo LS is an app for creating quotes and invoices and is permanently free. The Basic version of the LeanShift App is a tool for process analysis and documentation and is permanently free. LearnShift is a learning app for exam preparation; its free tier falls under this part. LearnShift is also offered in paid tiers. Part B of these Terms applies to these, not this part. Which tiers exist and what each contains follows from the product description on the purchase page. Any further software that the provider provides free of charge also falls under this part, without any need to amend these Terms. Use of the software mentioned in this part is possible without registration and free of charge. The website's Privacy Policy applies to the processing of personal data.
C.2 Free of Charge, Continuation, and Support
The software mentioned in this part is made available to you free of charge. No fee is charged for its use. The free software is also a tool. Its results arise from your input and must be reviewed by you before use. They are neither a consulting nor a development service. Consulting and development may be commissioned as separate services in accordance with Parts D and E. This applies to any present and future free software of the provider. Sections 3 and 4 apply this principle to individual applications. The software is provided to you with the feature scope made available in each case. There is no claim to support, to the provision of updates, or to a specific or unchanging feature scope. If Lean Shift UG (haftungsbeschränkt) provides updates, these may change the feature scope and add, modify, or remove individual features. Lean Shift UG (haftungsbeschränkt) may discontinue the provision of the free software. Any such discontinuation is announced with at least three months' advance notice. This period applies to all of the free software mentioned in this part. The user data you create with the software is stored locally on your device. Backing up this data is your responsibility. Lean Shift UG (haftungsbeschränkt) recommends that you make your own backups regularly, in particular before changing devices, before uninstalling, and before the discontinuation of a product.
C.3 Limits of Performance of Vendo LS
Vendo LS supports you in creating quotes and invoices. The application provides you with templates, a document preview, and prepared line items with which you design your own business documents. The design of the documents is based on DIN 5008. DIN 5008 is a design rule for written documents and concerns, for example, their arrangement, structure, and notation. It is not a statement about the tax or commercial-law compliance of a document. Whether a document created with Vendo LS meets the tax and commercial-law requirements is governed solely by the provisions applicable to you. The templates supplied and the prepared line items are examples. They make it easier for you to get started but do not replace the review of the individual case. You review the contents, the amounts, and the mandatory information of your documents yourself and are responsible for them yourself. Vendo LS is a tool for creating documents and not tax advice. By providing Vendo LS, Lean Shift UG (haftungsbeschränkt) does not owe any tax, legal, or business advice. For questions about correct invoicing, value-added tax, or retention obligations, please contact a person authorized for this purpose, for example a tax advisor.
C.4 Limits of Performance of LearnShift
LearnShift is a learning companion for preparing for exams. The app provides you with learning content, flashcards, practice questions, and reference options with which you prepare for your exam on your own. The subject matter of LearnShift is the support of your learning. Exam success is not owed and cannot be owed. Whether you pass an exam depends on your performance and on the assessment by the examining body. The exam itself is conducted solely by the respective competent body. LearnShift is an independent offering of Lean Shift UG (haftungsbeschränkt). It has no connection to chambers of industry and commerce, chambers of skilled crafts, or other examining bodies and is neither endorsed nor authorized by them. Where designations of such bodies or their exams are used in LearnShift, these serve solely to describe the learning and exam objectives. The learning content serves your own preparation. It does not replace any workplace instruction, any statutory or operational training obligation, or any certification. The content is revised on an ongoing basis. Framework curricula, exam requirements, and legal states may change, and the content may temporarily not yet reflect such changes. The official sources and the requirements of the body responsible for you are always authoritative.
C.5 Liability for Software Provided Free of Charge
The software mentioned in this part is provided to you free of charge. The statutory liability privileges for provision free of charge therefore apply to the liability of Lean Shift UG (haftungsbeschränkt), in particular §§ 521, 524 BGB accordingly. Accordingly, Lean Shift UG (haftungsbeschränkt) is liable for damage arising from the provision and use of the free software only where it is chargeable with intent or gross negligence. For defects in the software, Lean Shift UG (haftungsbeschränkt) is liable only where a defect has been fraudulently concealed. In any case, liability for intent and gross negligence, for injury to life, body, or health, under the Product Liability Act, and for fraudulent conduct remains unaffected by this liability privilege. To this extent, Lean Shift UG (haftungsbeschränkt) is liable in accordance with the statutory provisions. In all other respects, the general liability provision in Part A of these Terms applies additionally, insofar as this section contains no special provision. The foregoing privileges for provision free of charge take precedence over it for the software mentioned in this part.
Part D: On-Site Services and Training
D.1 Scope of This Part and Service Profiles
This part of the Terms applies to the provider's on-site and in-person services rendered to businesses, currently including in particular the process audit, the PoPshop with implementation at the customer's premises including the construction and improvement of fixtures, workshops and training, as well as consulting. Part A governs the formation of the contract. Accordingly, the contract is formed by an offer from the provider and its acceptance in text form. A request via the website is non-binding and does not constitute an offer. The services under this part are divided into three service profiles, which are to be considered separately: obtaining a finding, implementing at the premises, and imparting knowledge. For the finding, currently the process audit, the provider owes the walk-through and a finding on existing potential. For the implementation, currently the PoPshop, it owes the agreed measures at the customer's premises. For the imparting of knowledge, currently workshops and training, it owes the delivery of the tailored event. Future on-site formats fall within the service profile to which they are to be attributed according to their nature. Which service is owed in the individual case results from the respective individual contract. The services under this part are service-contract obligations (Dienstleistungen). Only where a specific work product is agreed in the individual contract, such as a constructed fixture, do the statutory provisions of contract-for-work law including acceptance (Abnahme) apply in that respect. The provisions in Part A apply to confidentiality.
D.2 Process Audit
The process audit begins with a walk-through of your business on the agreed date. This walk-through, including travel, is free of charge. If no potential is found during the walk-through, you incur no costs. A fee is only incurred if you decide to proceed with the implementation. The fee amounts to at most 10 percent of the profit achieved in the first year. The costs of implementation are deducted before the fee is calculated. From the second year onwards, no fee applies. The basis of assessment, the evidence, and the settlement of the fee are governed by the individual contract. You receive this individual contract before the walk-through. This success-based remuneration is the standard model of the process audit. A different type of remuneration, such as a daily rate or a fixed price, applies only where it was expressly agreed in the individual contract before the walk-through. Without such an agreement, the model of this section applies. What the provider supplies is the recommendation of an improvement, not its execution. The fee therefore arises for every measure that lies within the scope of examination agreed before the walk-through and is implemented, irrespective of whether the provider, you or a third party carries it out. The scope of examination may cover individual measures, a section of your value stream or the entire operation; it is defined in the individual contract. Recommendations outside that scope are non-binding and do not trigger a fee. The finding belongs to you. The measurements taken remain with you. You can continue working with the results on your own. That freedom concerns the use of the results; the obligation to pay a fee for measures within the agreed scope of examination remains unaffected.
D.3 PoPshop and Implementation at the Premises
In the PoPshop, the provider implements the agreed measures at the customer's premises. This also includes the construction and improvement of fixtures. The scope of the implementation results from the individual contract. The remuneration is governed by the offer. It is agreed on a time and material basis using daily rates or as a fixed price. Material and bought-in parts for fixtures are shown separately by the provider, unless the offer provides otherwise. The implementation is a service. Where a specific work product is agreed in the individual contract, such as a constructed or modified fixture, the provisions of contract-for-work law including acceptance apply to that work product. Constructed or modified fixtures must be accepted by the customer before they are used in ongoing operations. The customer remains the operator of its equipment. The risk assessment for its equipment and its environment remains its responsibility. By connecting, controlling, or adapting the customer’s equipment, the provider does not become the manufacturer of the overall machinery within the meaning of European product safety law. The conformity assessment, the CE marking, and the risk assessment of the equipment remain with the customer. For machine projects in which the provider plans, designs and provides support, part G applies. The individual contract determines who is the manufacturer there.
D.4 Workshops and Training
The provider's workshops and training are not an off-the-shelf program. The content is tailored to the customer's business and agreed in advance. The scope and topics of the event result from the individual contract. The remuneration is governed by the offer. It is agreed per event day or as a fixed price. What is owed is the professional delivery of the agreed event. A specific learning or implementation success is not owed, as it depends on the cooperation and the conditions at the customer's premises.
D.5 Appointments, Cancellations, and Travel Costs
Both contracting parties may reschedule agreed appointments for good cause. The rescheduling must be notified to the other party within a reasonable period before the appointment. The parties agree on a replacement appointment by mutual consent. If the customer cancels an agreed appointment, the following scale applies. For a cancellation up to 14 calendar days before the appointment, no costs are incurred. For a cancellation thereafter up to three business days before the appointment, the provider may charge 30 percent of the remuneration agreed for the appointment, and 60 percent for a later cancellation. Saved expenses and other earnings are credited. The customer remains free to prove that no loss or a substantially lower loss was incurred. Any further statutory rights of the provider, in particular under § 615 BGB, remain unaffected. No travel costs are incurred for the walk-through as part of the process audit in accordance with Section 2. For all other services under this part, travel costs are governed by the individual contract.
D.6 Safety at the Customer's Premises
The customer instructs the provider's staff in the operational safety rules before work begins. It provides or specifies the personal protective equipment required for the respective equipment environment. The provider's staff observe the operational safety rules. Interventions in the customer's machines, equipment, or controls are carried out only after a documented release by the customer and, where prescribed, by its qualified personnel. The customer provides the provider with the necessary access to the premises, a contact person, and the information required for the service. Delays resulting from missing or late cooperation by the customer are not to the provider's detriment.
D.7 No Temporary Employment, No Legal or Tax Advice
The provider renders its services in its own name and on its own responsibility. Temporary employment (Arbeitnehmerüberlassung) is not the subject matter of the contract. The provider's staff remain subject to its instructions and are not integrated into the customer's work organization. The provider does not provide any legal, tax, or occupational-safety advice. Statements about regulations are references to generally accessible sources and do not replace expert advice in the individual case. Compliance with statutory and official obligations rests with the customer.
D.8 Right of Withdrawal for Services
If a consumer concludes a contract for a service off premises or by distance selling, the consumer has a 14-day right of withdrawal. The withdrawal period begins upon conclusion of the contract. To exercise your right of withdrawal, you must inform us (Lean Shift UG (haftungsbeschränkt), Im Kleff 29, 58762 Altena, telephone +491635159518, contact@lean-shift.com) by means of a clear statement, for example by letter or email, of your decision to withdraw from the contract. Timely dispatch of the statement is sufficient to meet the withdrawal period. For this, you may use the model withdrawal form in the annex, but this is not mandatory. If you have requested that the service begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the service already provided up to the time of withdrawal compared to the full scope of the contractual service (§ 357a Abs. 2 BGB). The right of withdrawal expires once we have fully performed the service and have begun performance only after you gave your express consent thereto and at the same time confirmed your awareness that you lose your right of withdrawal upon complete performance of the contract by us (§ 356 Abs. 4 BGB). If you withdraw from the contract, we refund all payments we have received from you without undue delay and no later than within 14 days from the day on which your withdrawal statement is received. For the refund, we use the same means of payment you used for the original transaction. No fees are charged to you for the refund. This section applies accordingly to contracts for services under Part E (Custom Development and Adaptations), insofar as they are concluded with consumers off premises or by distance selling. The right of withdrawal applies only to consumers. In business dealings between businesses, there is no right of withdrawal.
Part E: Custom Development and Adaptations
E.1 Scope of This Part and Services
This part applies to the provider's individually rendered development services. Covered in particular are custom machine communication, that is, the connection and analysis of machine and equipment data at your premises, exclusive system development, that is, the creation of software according to your requirements, as well as the adaptation of the provider's standard modules to your needs in accordance with Section 6. The services described in this part are contract-for-work obligations (Werkleistungen). The provider owes the production of the agreed work product. Authoritative for the type, scope, and quality of the service is the performance description of the respective individual contract. In the event of conflicts, it takes precedence over the provisions of this part. For the commercial handling, in particular formation of contract, remuneration, and payment, the general provisions of these Terms apply additionally, insofar as this part does not provide otherwise.
E.2 Description of Services and Limits
The machine communication solutions record, transmit, and analyze operational data and support process control to the extent agreed in each case. Which signals, key figures, and functions are implemented in detail results from the performance description of the individual contract. The solutions are not safety-related systems. They do not perform any protective functions within the meaning of the machinery and occupational-safety regulations and do not replace any safety components. As the operator of your machines and equipment, you remain responsible for their conformity, risk assessment, and safe operation. If you make substantial changes to a machine, the assessment of that change is incumbent on you. By connecting, controlling, or adapting your equipment, the provider does not become the manufacturer of the overall machinery within the meaning of European product safety law. The conformity assessment, the CE marking, and the risk assessment of the equipment remain with you. For machine projects in which the provider plans, designs and provides support, part G applies. The individual contract determines who is the manufacturer there. Whether and how an existing installation can be connected is confirmed by the provider on a binding basis only after the installation has been inspected on site or reviewed on the basis of the documents you provide. Statements on feasibility made beforehand are non-binding. When connecting existing installations, serial interfaces, and older control systems, the timing and the reliability of the signals depend on your bus infrastructure. Timing variations, signal losses, and timing errors attributable to your cabling, to networks that are not real-time capable, or to faulty input and output modules are not a defect of the provider’s service.
E.3 Cooperation and Provisions
The performance of the service requires your cooperation. You provide the provider in good time and free of charge with the materials required for the execution. These include, in particular, the necessary access to equipment, networks, and systems, existing interface and equipment descriptions, a suitable test environment, a named qualified contact person, and the necessary releases and decisions. If you do not meet your cooperation obligations in good time, dependent deadlines are postponed reasonably, namely by the period of the delay plus a reasonable restart period. Additional effort incurred by the provider due to a delay for which you are responsible may be invoiced separately.
E.4 Changes to the Scope of Services
If you wish to change the agreed scope of services, you notify the provider in text form. The provider reviews the change request and informs you before implementation of the effects the change has on the remuneration, the deadlines, and the other contractual conditions. The change is implemented only once both sides have agreed in text form on the change and its effects. Until then, the provider continues the service on the basis of the scope agreed so far.
E.5 Acceptance
After provision of the service or of a separable part, you review it within a reasonable period for conformity with the contract. Identified defects are classified according to their severity. Insignificant defects do not prevent acceptance (Abnahme). They are documented and remedied within the scope of the warranty. If the service substantially conforms to the performance description, you declare acceptance. Partial acceptances are possible for completed and separable parts of the service. If you are a business, the service is also deemed accepted if you do not refuse acceptance within a reasonable period set by the provider after provision, stating at least one material defect, and the provider has informed you at the start of the period of the significance of your conduct. If you are a consumer, this deemed-acceptance rule does not apply. As regards you, acceptance always requires consent expressed either expressly or by conclusive conduct.
E.6 Rights to the Work Results and Exclusivity
You receive, upon full payment of the agreed remuneration, a simple, time-unlimited right of use to the individual development results created for you for your own operational purposes. Until full payment, use is permitted only revocably for the purpose of review and acceptance. The transfer of any further rights requires an express agreement in the individual contract. The provider's pre-existing software, its development tools, as well as generally reusable components and methods remain with the provider, regardless of their co-use in the project. Insofar as this is necessary for the use of the development results, you receive a simple right of use to them. Source code and development documentation are provided to you only if this is agreed in the individual contract. Each of the provider's standard modules, in particular Vendo LS, LeanFakt, PlayPort LS, and LeanShift Wire as well as modules added in the future, may be commissioned as a version adapted exclusively for you. The adaptation builds on the standard module. The subject matter of acceptance is the adaptation part. You receive a right of use to the adaptation for your purposes in accordance with the first paragraph. General, non-customer-specific improvements that arise in the course of the adaptation may be fed back by the provider into the standard module. Your customer-specific content, key figures, and data never flow into the standard module or into services for third parties. Exclusive means that the provider does not provide the version adapted for you to any third party. The components underlying the standard module itself remain unaffected by this. Updates to the standard module are also available to the adapted version. Adapting the compatibility of this version to new versions of the standard module is not the subject matter of this contract, but of a separate maintenance agreement. If the standard module is discontinued, you retain the right to continue using the version last provided to you to the previous extent. You may also acquire software developed or adapted exclusively for you in full. In that case, you receive a time-unlimited right of use (perpetual license, Lebenslizenz), and the software is provided without license protection. It then requires neither an activation nor a license server and remains usable independently of the continued existence of the provider's systems. The scope, the remuneration, and the treatment of the underlying standard module are agreed in the individual contract.
E.7 Relationship to the Standard Module
If you use a standard module of the provider that underlies an adaptation under Section 6, the provisions of Part B or Part C of these Terms continue to apply to the standard module itself. This part governs solely the custom development and the adaptation. Where provisions of this part and provisions on the standard module conflict, this Part E applies to the adaptation part and the respectively applicable Part B or Part C applies to the standard module.
E.8 Third-Party Components and Open Source
If the provider uses third-party components to render the service, these are subject to the license terms of their respective rights holders. The provider names the third-party components used, in the case of open-source components stating the respective license. For open-source components, their license terms apply with priority. Insofar as these conflict with the provisions of this part, they take precedence for the component concerned.
E.9 Remuneration and Warranty
The remuneration is governed by the respective offer and is agreed in the individual contract as a fixed price or on a time-and-materials basis. In the case of time-and-materials remuneration, the provider bills the effort actually incurred at the agreed rates. A payment plan based on milestones may be agreed. In this case, the respective installment is due upon reaching the associated milestone. The statutory provisions apply to the warranty, subject to the proviso that the provider must first be given the opportunity for supplementary performance. Supplementary performance is carried out, at the provider's discretion, by remedying the defect or by re-producing the affected part. If supplementary performance fails, you are entitled to the statutory rights. If you are a business, you must inspect the service without undue delay after acceptance and give notice of apparent defects without undue delay, and of hidden defects without undue delay after their discovery, in each case in text form. This duty to give notice of defects does not apply to consumers. For businesses, the limitation period for claims in respect of defects is twelve months from acceptance. This does not apply to claims for damages under Part A Section 11, in cases of intent and gross negligence, in the event of injury to life, body, or health, or in the event of fraudulent concealment of a defect. For consumers, the right of withdrawal under Part D Section 8 applies accordingly.
Part F: Free Content and Downloads
F.1 Scope of This Part
This part governs the use of the provider's freely accessible content and downloads. These include, in particular, the knowledge library, the glossary, the guides, the blog articles, the brochure, the user manual, and the standards checklists. This content is freely available, without registration and free of charge. Further free content and formats that the provider provides in the future also fall under this part. The free content is general information and working material for your own use. It supports you in familiarizing yourself with a topic and preparing your own documents. It does not constitute advice specific to your individual case and, in particular, does not replace any legal, tax, or occupational-safety advice. In addition, the other provisions of these Terms apply, in particular the general provisions of Part A. Insofar as conflicts arise, the provisions of this part take precedence for the free content. The provider within the meaning of these provisions is Lean Shift UG (haftungsbeschränkt), Im Kleff 29, 58762 Altena, reachable at contact@lean-shift.com.
F.2 No Claim to Availability
The provider provides the free content voluntarily. There is no claim to availability, to continuation, or to updating of this content. The provider may change, supplement, or remove the free content in whole or in part at any time and discontinue its provision. Permanent availability of individual content or documents is not promised. You are advised to back up documents important to you yourself after downloading.
F.3 Standards Checklists
The standards checklists are provided as fillable PDF forms. They currently comprise 16 documents on standards and mandatory topics, including ISO 9001, ISO/IEC 27001, IATF 16949, HACCP, and the risk assessment. They are a working aid with which you can prepare on your own for engaging with a standard or a mandatory topic and record your own progress. The requirements contained in the checklists are independently formulated and condensed. They do not reproduce the text of the respective standard. Only the original standard of the respective publisher or the respective legal provision is binding. Each document states the version of the standard or the legal status on which it is based. The provider is not certified in any of these standards, is not a certification body, and has no connection to ISO, IEC, DIN, IATF, IAQG, or SAE. The standards checklists are exclusively a working aid for your own preparation. They are not proof, not a certification, and not a substitute for an audit. Working through a checklist does not establish any statement as to whether an audit or an official inspection will be passed. The provider assumes no warranty for the completeness and timeliness of the checklists. Standards and regulations change. The version currently in force at the publisher of the standard or the legal provision currently in force is always authoritative. Some documents have a legal reference and reflect German or European law, such as the risk assessment and the HACCP concept. These documents do not replace your own operational obligation. The risk assessment remains the employer's responsibility under §§ 5 und 6 ArbSchG (German Occupational Safety Act). The HACCP concept remains the responsibility of the food business operator. Outside Germany, you must yourself examine the transferability to the respective national legal situation.
F.4 Content, Formulas, and Examples
The free content, in particular the knowledge library, the glossary, the guides, the blog articles, the brochure, and the user manual, is general information and working material. It conveys fundamentals and suggestions for your own application. It is not advice specific to your individual case and, in particular, is not legal, tax, or occupational-safety advice. Any formulas, example figures, and calculation methods contained therein serve for illustration. They are based on assumed values and do not constitute any assurance of a particular result at your business. Results that you determine with these formulas and calculation methods must be reviewed on your own responsibility before use. Decisions that you make on the basis of the free content are your responsibility.
F.5 Copyright and External Links
The free content and documents are protected by copyright. Use within your own business, including reproduction for internal purposes, is permitted. Not permitted are the transfer for a fee, the public provision outside your own business, and the removal of source attributions. The statutory limitations of copyright, including the right to quote under § 51 UrhG, remain unaffected. The free content may contain references to third-party websites (external links). The respective provider of the linked pages is responsible for their content. The provider has no influence on the design and content of third-party pages. If the provider becomes aware of a legal violation on a linked page, the link in question is removed. The general liability provision in Part A of these Terms applies to liability in connection with the free content. Since the content of this part is provided free of charge, the provider's liability is correspondingly mitigated in accordance with the statutory provisions on services provided free of charge.
Part G: Machines and industrial equipment
G.1 Scope of this part and role of the provider
This part applies to machine projects. In them the provider supplies planning, design and project support services: engineering and the requirement specification, the design with bill of materials and manufacturing drawings, support with placing orders with manufacturing companies, schedule tracking, inspection of parts delivered, and support with installation, commissioning and acceptance. The provider is not a machine building company. It does not place any machine on the market, does not issue a declaration of conformity and does not affix a CE marking, unless the individual contract expressly provides for the provider to be the manufacturer under section 3. This part does not cover connecting, controlling or adapting the customer’s existing equipment. Part D section 3 and part E apply to those. Part E applies in addition where this part does not provide otherwise. The individual contract governs the nature, scope and quality of the service; in case of conflict it prevails over this part.
G.2 Who is the manufacturer
Before the design work begins, the individual contract determines who is the manufacturer of the machine within the meaning of European product safety law. This may be the customer, a manufacturing company engaged by the customer or, as an exception under section 3, the provider. As a rule the customer is the manufacturer. The customer carries out the risk assessment, prepares the operating instructions and the declaration of conformity, affixes the CE marking and keeps the technical documentation. The provider supplies the design and the documentation. On request the provider contributes to the risk assessment by supplying documents, calculations and proposals. The risk assessment itself and its approval remain the responsibility of the manufacturer. The manufacturer obligations follow from the law and cannot be excluded by contract. This section settles only who they fall on.
G.3 Manufacturer status of the provider as an exception
Where the provider expressly assumes manufacturer status in the individual contract, it prepares the risk assessment, the original instructions in the official language of the place of use and the declaration of conformity, and affixes the CE marking and the rating plate. The technical documentation remains with the provider and is retained for ten years. The legal regime in force at the time of placing on the market governs. For placing on the market up to 19 January 2027, Directive 2006/42/EC applies; from 20 January 2027, Regulation (EU) 2023/1230 applies. If the machine falls under Annex I of Regulation (EU) 2023/1230 or Annex IV of Directive 2006/42/EC, a notified body must be involved. The individual contract governs who engages it, who bears its costs and what period is allowed for it. The standards applied and the agreed performance level or safety integrity level of the safety-related parts of the control system are recorded in the individual contract as the agreed quality.
G.4 Partly completed machinery
Where the individual contract provides for partly completed machinery, the manufacturer determined under section 2 prepares the declaration of incorporation and the assembly instructions. No CE marking under the machinery rules is affixed in that case. Putting into service is prohibited until the customer has carried out the conformity assessment of the assembly into which the partly completed machinery is incorporated. If the customer links several machines into an assembly, the customer is responsible for its assessment and marking.
G.5 Manufacturing companies
If the customer engages the manufacturing company itself, the provider supports the placing of the order but does not become a party to that contract and is not liable for the performance of the manufacturing company. The provider selects companies according to process and batch size and assists in evaluating their quotations. Where the provider engages a partner company for its own services, it is liable for that company’s conduct as for its own personnel, and no contract is concluded between the customer and that company. The provider passes on the confidentiality obligations and the agreed standards to the companies it engages.
G.6 Acceptance and handover
The provider’s service is subject to acceptance where it is a work, in particular the design and the documentation. Acceptance is formal and is recorded in a protocol. Acceptance of the machine as built is a separate procedure between the customer and the manufacturer. Where the provider supports that acceptance, it thereby assumes neither manufacturer status nor any warranty for the condition of the machine. Where the provider exceptionally supplies the machine itself and also owes assembly, risk passes upon acceptance. It retains title to the item delivered until payment in full. The customer notifies any seizure without delay. If the value of the securities exceeds the secured claims by more than ten percent, the provider releases securities on request.
G.7 Documentation, spare parts and operator duties
The individual contract governs which documents the customer receives, in particular manufacturing drawings, bill of materials, costings, circuit diagrams and programs, and in which format. The customer may use the documents for operation, maintenance and the procurement of spare parts. If the customer rebuilds the machine from the documents or substantially modifies it, the customer becomes the manufacturer to that extent and indemnifies the provider against third party claims arising from the rebuild or the modification. An undertaking on the availability of spare parts is given by the manufacturer. The provider gives such an undertaking only where it is itself the manufacturer under section 3. On handover the operator duties pass to the customer, in particular the risk assessment under the German Ordinance on Industrial Safety and Health and the instruction of operating staff. The customer provides the installation prerequisites, such as foundation, utility connections, lifting gear and access.
G.8 Warranty and liability
The provider is liable for its own services, in particular the planning, the design and the documentation. Liability for the condition of the machine as built rests with whoever manufactures it and places it on the market. Where that is not the provider, it is not liable for defects in manufacture either. The limitation period for defect claims against entrepreneurs is twenty-four months from acceptance, unless the individual contract provides otherwise. The twelve month period under part E section 9 does not apply to services under this part. The liability of the provider is limited in amount to the sum insured under its liability insurance. Part A section 11 applies in all other respects. Liability under the German Product Liability Act remains unaffected. It can neither be excluded nor limited.
Annex: Model Withdrawal Form
Model Withdrawal Form (If you wish to withdraw from the contract, please complete this form and return it.) To Lean Shift UG (haftungsbeschränkt), Im Kleff 29, 58762 Altena, contact@lean-shift.com: I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*): _______________________________________________ Ordered on (*) / received on (*): _______________ Name of consumer(s): _______________ Address of consumer(s): _______________ Signature of consumer(s) (only for notification on paper): _______________ Date: _______________ (*) Delete as appropriate.
Lean Shift UG (haftungsbeschränkt)
Im Kleff 29, 58762 Altena
contact@lean-shift.com