Terms and Conditions

Last updated: 13 September 2026

For business customers only

ChipFoundry.one is offered exclusively to businesses within the meaning of § 14 BGB, including self-employed professionals, universities, research institutes and public bodies. We do not enter into contracts with consumers. Your contract is with Herzberg Industries GmbH.

1. Scope and provider

These Terms and Conditions (the "Terms") apply to the use of the ChipFoundry.one website and portal (the "Platform") and to every service provided through it (the "Services").

The Platform is operated by Herzberg Industries GmbH, Bautzner Landstraße 45, 01454 Radeberg, Germany, represented by its managing director Dr. Nico Herzberg ("ChipFoundry.one", "we", "us"). ChipFoundry.one is a startup project of Herzberg Industries GmbH. VAT ID: DE332197705.

These Terms apply exclusively. Different or conflicting terms of the customer do not apply, even if we do not expressly object to them.

2. Business customers only

Our Services are offered exclusively to entrepreneurs (Unternehmer) within the meaning of § 14 of the German Civil Code (BGB), to legal entities under public law and to special funds under public law, for example companies, self-employed professionals, universities, research institutes and public bodies (the "Customer").

We do not enter into contracts with consumers within the meaning of § 13 BGB. Consumers may not register or place orders.

When registering, and again before every paid order, the Customer confirms that it acts exclusively for its commercial or independent professional activity. We record these confirmations together with the time and the account used.

We may ask for evidence of business status, for example a VAT ID or a commercial register extract, and may refuse or end a registration or order if business status is not plausible or a confirmation turns out to be untrue.

3. Registration and account

Using the portal requires an account. The Customer provides complete and accurate information, including the company name, legal form, business address and a contact person, and keeps it up to date.

The person who registers confirms that they are authorised to act on behalf of the Customer.

Login details must be kept confidential. The Customer is responsible for activity in its workspace, including activity by colleagues it invites.

There is no entitlement to registration.

4. Our Services

ChipFoundry.one helps Customers find suitable partners for microelectronics and semiconductor projects. Depending on the project, the Services include:

  • structuring the Customer's requirements, supported by AI tools;
  • matching those requirements against the ChipFoundry.one capability database;
  • an anonymous preview of potential matches;
  • a paid shortlist of named organisations for a specific project (the "Shortlist");
  • on request, facilitation such as introductions and coordination with the organisations named in the Shortlist.

Creating an account, submitting a project and viewing the anonymous preview are free of charge. Facilitation beyond the Shortlist is provided as described in the portal or as agreed separately.

5. What the Shortlist is, and what it is not

The Shortlist names organisations that our matching identifies as a potential fit for the requirements the Customer submitted, together with the reasons for the fit, relevant capabilities and points to consider.

It is based on our capability database, which is compiled from public and partner-provided sources, and on the information the Customer provides. It reflects our assessment at the time it is created. AI tools do not add organisations that are not in our database.

The Shortlist is not a promise or guarantee that a named organisation:

  • has capacity or is available;
  • is willing to take on the project;
  • holds particular certifications, or will offer particular prices or lead times;
  • will make the project succeed.

Named organisations are independent third parties. Any contract between the Customer and such an organisation is made directly between them, and ChipFoundry.one is not a party to it unless expressly agreed. The Customer remains responsible for its own checks before working with an organisation.

6. Orders and conclusion of the contract

The presentation of Services in the portal is not a binding offer.

By confirming business use, accepting these Terms and completing the checkout, the Customer places a binding order for the Shortlist for the project concerned.

The contract is concluded when the payment has been successfully authorised with our payment provider. We then start the matching.

The requirements submitted at checkout are decisive for the order. Changing them afterwards requires a new submission.

7. When we charge: the useful result

A useful result exists when the matching identifies at least one organisation that plausibly fits the requirements the Customer submitted, so that a Shortlist naming at least one organisation can be provided.

The Customer is charged only when a useful result is available and the Shortlist is unlocked. If there is no useful result, the Customer pays nothing and neither party has further obligations under that order.

8. Prices and payment

The price of each Service is shown in the portal before the order is placed, together with information on value added tax (VAT).

Payments are processed by our payment provider, Stripe. When the order is placed, the price is authorised on the Customer's payment method; it is charged once a useful result is available.

Invoices are provided electronically.

9. Cancellation and refunds

Because our Services are offered to business customers only, there is no statutory right of withdrawal.

Once the payment has been authorised and the matching has started, the order can no longer be cancelled.

Payments are not refunded after the Shortlist has been unlocked. This does not apply where we charged an amount in error (for example twice), where a technical error on our side prevents delivery, or where a refund is due under the section on defects.

We may grant refunds as a goodwill gesture at our discretion. This creates no entitlement for future orders.

10. Defects in the Shortlist

The Shortlist is defective if it cannot be accessed, is incomplete because of a technical error, or clearly does not relate to the requirements the Customer submitted.

It is not a defect if a named organisation declines the project, has no capacity or cannot be reached, or if the Customer would have preferred other organisations.

The Customer reports defects in text form, for example by email to info@chipfoundry.one, within 14 days of the Shortlist being unlocked, and describes the defect.

We first remedy the defect by correcting the Shortlist or running the matching again. If the remedy fails, or we refuse it, the Customer may request a refund of the price paid for that Shortlist. Claims for damages are governed by the section on liability.

11. Customer obligations

The Customer provides requirements, information and documents that are accurate and that it is entitled to share with us.

The Customer does not upload content that is unlawful, infringes the rights of third parties, or is subject to export restrictions without the required authorisations. The Customer is responsible for complying with export control and sanctions law when sharing technical information.

The Customer does not misuse the Platform, for example by circumventing access controls, scraping content or sending automated mass requests.

12. Confidentiality and use of the Shortlist

The Shortlist and all non-public information about the organisations named in it are confidential. The Customer may use them only for its own project and share them only with employees and advisers who need them for that project and are bound to confidentiality.

The Customer may not publish or sell the Shortlist, pass it on to third parties, use it to build a directory or database, or use it to offer comparable services.

Where ChipFoundry.one facilitates an introduction or engagement with an organisation, the Customer will not bypass ChipFoundry.one in order to avoid fees or commitments agreed for that facilitation.

We treat the Customer's project information as confidential and disclose it to potential partners only as far as needed to provide the Services, or as the Customer authorises.

These obligations continue after the contract ends.

13. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and to the extent we have given a guarantee.

For slight negligence, we are liable only for breaches of essential contractual obligations, meaning obligations whose fulfilment makes proper performance of the contract possible and on which the Customer may regularly rely. In that case our liability is limited to the damage that was typical and foreseeable when the contract was concluded.

Otherwise our liability is excluded. These limitations also apply to our employees, representatives and agents.

We are not liable for the conduct, performance or omissions of organisations named in a Shortlist or of other third parties.

14. Availability and use of the Platform

We aim to keep the Platform available but do not guarantee uninterrupted availability. Maintenance, security measures or events outside our control can cause interruptions.

We may develop and change the Platform, provided this does not unreasonably affect Services already ordered.

The content of the Platform, including texts, graphics, the capability database and software, is protected by law. The Customer receives a non-exclusive, non-transferable right to use the Platform and its Shortlists for its own business purposes under these Terms.

The Customer keeps all rights in the content it uploads and grants us the rights needed to provide the Services, such as storing, analysing and processing that content.

15. Data protection

We process personal data as described in our Privacy Policy at chipfoundry.one/privacy.

16. Term and termination

The Customer can close its account at any time by contacting us. Orders already placed are not affected.

We may suspend or close an account with reasonable notice, or without notice for good cause, in particular if a confirmation of business status is untrue or the Platform is misused.

17. Changes to these Terms

We may change these Terms with effect for the future. The Terms in force when an order is placed apply to that order.

The Customer accepts the Terms in force before each paid order. We inform registered Customers of material changes in text form in good time.

18. Governing law and place of jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If the Customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from or in connection with the contract is Dresden, Germany. We may also bring proceedings at the Customer's general place of jurisdiction.

19. Final provisions

The contract language is English. The Customer can view, print and save these Terms at any time at chipfoundry.one/terms.

If any provision of these Terms is invalid, the remaining provisions remain valid.

Contact: Herzberg Industries GmbH, Bautzner Landstraße 45, 01454 Radeberg, Germany. Email: info@chipfoundry.one.