Terms of service

1. Scope and business customers only

These terms apply to all consulting and analysis services that Adrian Brzenska, trading as BiasGap, Carl-Spindler-Straße 13, 12555 Berlin, Germany (“we”, “us”), provides to business customers (“Client”). We work exclusively with businesses. By accepting a proposal, the Client confirms that it acts for business purposes and not as a consumer. The Client's own terms do not apply, even if we do not object to them, unless we have agreed to them in writing.

2. Order of precedence

If an individual proposal and these terms conflict, the proposal prevails. Otherwise these terms apply in addition to the proposal.

3. Services

Our services are the free intro call, the Post-Sale Revenue Audit and, where agreed, an ongoing engagement after the audit. The scope, timeline, deliverables and fee of each engagement are set out in the individual proposal. The free self-check and the free BiasGap analysis at app.biasgap.com are governed by section 17.

4. Formation of contract

Descriptions of our services on the website are not a binding offer. A contract is formed when the Client accepts our individual proposal in text form (for example by email or electronic signature). Enquiries through the website form are not binding.

5. Reality check and acceptance of engagements

Every audit starts with a reality check, usually as part of the intro call. Based on it, we decide whether to offer an audit. If we see no realistic potential for well-founded findings, for example because the relevant processes already work well, we do not offer the audit. The Client has no claim to an engagement.

6. Fees, taxes and payment

• Fees are stated in the currency of the proposal (euros, US dollars or pounds sterling) and are net amounts.
• For business clients in other EU member states, VAT is reverse charged to the Client. For business clients outside the EU, the service is not subject to German VAT (place of supply outside Germany). The Client is responsible for any VAT, duties or other taxes due in its own country.
• Payments are made in full, without deduction or set-off. If the Client is required by law to withhold tax, it increases the payment so that we receive the full invoiced amount. Bank and transfer charges are borne by the Client.
• Unless the proposal says otherwise, 50% of the fee is due on acceptance and 50% before the written findings are handed over. Clients based outside the EU and the UK pay 100% before the engagement starts.
• Invoices are due within 14 days of the invoice date. Payment is by bank transfer.
• If the Client pays late, we may charge default interest and a flat fee at the rates set by German law for business transactions (section 288(2) and (5) German Civil Code) and pause the work until payment is received.

7. Pilot engagements

For a limited number of pilot engagements we offer a reduced fee, payable in full in advance. In return the Client (a) gives an honest written statement about the engagement, (b) allows us to describe the engagement as a case study, anonymised on request, and (c) takes part in a short feedback conversation. The Client may withdraw its permission under (b) by written notice before publication. We do not publish Client-specific figures without the Client's written approval of the final text.

8. Client cooperation

Our services depend on the Client's cooperation. The Client provides the information and data we reasonably need, gives us access to relevant team members, and arranges the agreed interviews with its own customers. The Client confirms that it may lawfully share its team members' and customers' contact details with us for this purpose and informs them as required by law. Calls are only recorded if all participants agree in advance. If the Client does not cooperate as agreed, timelines extend accordingly and we are not responsible for resulting delays or gaps in the findings.

9. Rescheduling and cancellation

Agreed interview and workshop dates can be moved free of charge up to two business days in advance. If the Client cancels an engagement after acceptance without good cause, we are entitled to the agreed fee for the work performed until cancellation, and at least 25% of the total fee if cancellation occurs after the kick-off. Fees for pilot engagements are non-refundable once the kick-off has taken place.

10. No guarantee of results

We perform the agreed analysis with due care and deliver written findings. We do not owe or promise any particular business result, such as higher revenue, lower churn or more renewals. Results depend on the Client's offer, market, team and implementation. Case studies on our website describe individual results; they are not typical or guaranteed outcomes. Our findings are decision aids and do not replace the Client's own business decisions. They are not legal, tax, financial or psychological advice.

11. Confidentiality

Both parties keep confidential all non-public information they receive from the other party in connection with the engagement and use it only for the engagement. This does not apply to information that is or becomes publicly available without breach of these terms, that the receiving party already knew or developed independently, or that must be disclosed by law or by order of a court or authority. This obligation continues for three years after the engagement ends.

12. Data protection and AI-assisted analysis

Where we process personal data on the Client's behalf, the parties conclude a data processing agreement (Art. 28 GDPR, and the UK equivalent where applicable). We may use AI tools to support analysis, for example to structure interview notes. We only use providers that are bound by a data processing agreement and do not use Client data to train their models. Findings are always reviewed and finalised by us personally.

13. Intellectual property and references

Once paid in full, the Client receives a non-exclusive, perpetual right to use the findings and plans for its own internal business purposes. Our methods, frameworks, questionnaires, tools and pattern library remain ours. The Client confirms that it has the rights to the materials it provides. We only name the Client as a reference with its prior consent.

14. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under a guarantee we have given, and under mandatory law, including the German Product Liability Act. In cases of slight negligence we are liable only for breach of an essential contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible and on which the Client may regularly rely), limited to the damage typical for this type of contract and foreseeable when the contract was concluded. Claims for slight negligence become time-barred twelve months after the findings are handed over.

15. Force majeure

Neither party is liable for delays caused by events beyond its reasonable control, such as illness, natural disasters, war, official orders or major internet outages. Agreed timelines extend by the duration of the event.

16. Term and termination

An audit ends with the handover of the findings. Ongoing engagements run for the term stated in the proposal. Either party may terminate for good cause. If we terminate for good cause attributable to the Client, the fee for work already performed remains payable.

17. Free self-check and BiasGap analysis

The self-check and the BiasGap analysis are free of charge and intended for businesses. The analysis starts after you confirm your email address. Results are automated, AI-assisted first indications based on your own answers; they are not professional advice and no particular result is owed. We may change, pause or discontinue the free tools at any time. For the free tools we are liable only for intent and gross negligence, for injury to life, body or health, and under mandatory law. You may not use the tools automatically or in bulk or enter third parties' personal data beyond what the questions ask for.

18. Governing law and jurisdiction

These terms and all contracts under them are governed by German law. The UN Convention on Contracts for the International Sale of Goods does not apply. The exclusive place of jurisdiction is Berlin, Germany. We may also bring proceedings at the Client's registered office. If the proposal provides for arbitration, disputes are finally settled under the Arbitration Rules of the German Arbitration Institute (DIS) by a sole arbitrator; the seat of arbitration is Berlin and the language is English.

19. Language and final provisions

For contracts concluded in English, the English version of these terms is binding. For contracts concluded in German, our German terms at biasgap.com/agb apply. Amendments must be made in text form. If any provision is invalid, the remaining provisions remain valid.

Last updated: October 2026