Legal information

GTC archive

All previous versions of our General Terms and Conditions are available here together with their period of validity. The version referenced in the respective quotation or order confirmation governs the contract. The currently valid version is available under General Terms and Conditions.

  1. Version of 1 August 2026

    currently in force

    valid from 01 August 2026

    Second legal review, restructured into Part A (general), Part B (continuously provided services) and Part C. Liability as a fault-based cascade with monetary caps and a separate cap for confidentiality, data protection and commissioned data backup instead of unlimited liability (§ 9). The Client’s own access data is released at any time; retention only in respect of unpaid work results (§ 2.8, § 2.9). Rights of use tied to the contractual purpose, allowing provision to end users, hosting by third parties and legal succession, operating documentation owed, copyleft safeguard (§ 7). Cancellation lump sum tied to the not-yet-rendered fixed-price portion (§ 12.5). Reasonable withholding instead of a blanket ban (§ 4.7), exceptions to the priority of improvement (§ 8.3), separation of controller and processor roles (§ 10), reference only with consent (§ 11.4), text form (§ 21.3). The non-solicitation clause was removed from the GTC. § 7 VGG expressly excluded (§ 8.6), mandatory rights of use under §§ 40d, 40e UrhG unaffected (§ 7.3), payment period running from the invoice date for electronic invoicing (§ 4.4), final provisions renumbered as § 13. Ongoing operation, hosting and software as a service are not governed by these GTC and are provided only under a separate written agreement (§ 2.1).

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  2. Version of 31 July 2026

    valid from 31 July 2026 · valid until 01 August 2026

    Legal review and mitigation of vulnerable clauses: insolvency is no longer good cause for termination (§ 12.3, §§ 21–25b IO), the non-solicitation clause is limited to targeted active poaching and the contractual penalty reduced (§ 13), the liability cap is raised and supplemented with carve-outs (§ 9.3, § 9.3a), the relationship with third-party providers and subcontractors is clarified (§ 9.5, § 9.6), suspension of the availability period and pro-rata refunds for block hours (§ 4.11c, § 4.11d), remuneration in cases of impossibility tied to the sphere of responsibility (§ 2.3), statutory duties to warn expressly preserved (§ 2.6, § 3.2), acceptance covers only discernible defects (§ 6.1a), AI tools restricted under data protection law (§ 7.6a), logo use only with consent (§ 11.4), severability clause corrected (§ 14.4).

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  3. Version of 26 July 2026

    valid from 26 July 2026 · valid until 31 July 2026

    Revision of the hour packages (§ 4): unambiguous availability period and expiry, extension on repurchase, advance notice, 15-minute increments, deemed approval of the record of hours, overrun tolerance, no guaranteed response times. Also clarified: release of access data (§ 2.7), set-off (§ 4.6), place of jurisdiction (§ 14.2).

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  4. Version July 2026

    valid from 01 July 2026 · valid until 26 July 2026

    First version of JMK Solutions OG, adapted from the sole proprietorship’s terms.

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