General Terms and Conditions

for Software Development Services

§ 1 Scope of Application

  1. These General Terms and Conditions (Terms) apply to all contracts for software development services between Kai Muckenheim (hereinafter "Contractor") and the Client.
  2. Scope of services includes:
    • Mobile App Development (iOS, Android, watchOS, visionOS)
    • Website Development and Web Design
    • macOS App Development
    • Maintenance and support of existing software solutions
  3. Deviating, conflicting, or supplementary terms and conditions of the Client shall not become part of the contract unless their validity is expressly agreed to in writing.
  4. These Terms also apply to all future business relationships, even if they are not expressly agreed upon again.

§ 2 Contract Formation and Service Description

  1. Offers from the Contractor are non-binding and subject to change unless they are expressly marked as binding.
  2. The contract is concluded through written order confirmation by the Contractor or by commencement of service provision.
  3. Project scope, service description, deadlines, and remuneration are defined in an individual offer or project contract.
  4. For contracts with consumers, a 14-day withdrawal period applies according to § 312g BGB (German Civil Code). The right of withdrawal expires prematurely if the Contractor has begun to perform the service after the consumer:
    • has expressly agreed that performance should begin before the expiry of the withdrawal period, and
    • has confirmed their knowledge that they lose their right of withdrawal by their consent once performance has begun.

§ 3 Scope of Services and Changes

  1. The Contractor provides its services according to the principles of proper professional practice and according to the current state of the art.
  2. The basis for service provision is the service description agreed upon in the offer/contract.
  3. Changes or extensions to the scope of services (Change Requests) require written agreement and may lead to adjustments in deadlines and remuneration.
  4. The Client is obliged to provide all information, documents, and access required for service provision in a timely manner.
  5. Delays due to untimely or incomplete cooperation by the Client entitle the Contractor to extend deadlines and, if applicable, to additional remuneration.

§ 4 Remuneration and Payment Terms

  1. Remuneration is based on fixed price or hourly rate according to the individual offer.
  2. Current hourly rates:
    • Mobile App Development: €90/hour
    • Website Development: €70/hour
    • macOS App Development: €90/hour
  3. For hourly remuneration, working hours are recorded in 15-minute units and billed monthly.
  4. Fixed-price projects are generally paid in the following installments:
    • 30% down payment upon contract signing
    • 40% upon reaching defined milestones
    • 30% upon project acceptance
  5. All prices are plus statutory VAT (unless operating as a small business according to § 19 UStG).
  6. Invoices are due for payment within 14 days of the invoice date without deduction.
  7. In case of default in payment, default interest of 9 percentage points above the base rate (for consumers: 5 percentage points) will be charged.
  8. For hourly rate remuneration, the following discounts apply for advance payments:
    • 10-20 hours prepaid: 10% discount
    • 20-40 hours prepaid: 15% discount
    • 40+ hours prepaid: 20% discount

§ 5 Deadlines and Timelines

  1. Deadlines and timelines are only binding if they have been expressly agreed upon in writing as binding.
  2. The Contractor endeavors to meet agreed deadlines but does not guarantee compliance with deadlines that depend on the cooperation of the Client or third parties.
  3. In case of force majeure, strikes, lockouts, or unforeseeable obstacles, deadlines are extended accordingly.
  4. The Client will be informed immediately about foreseeable delays.

§ 6 Acceptance and Testing

  1. The Client is obliged to test and accept the services rendered within 14 days after notification of completion.
  2. Acceptance is deemed to have taken place if:
    • the Client expressly declares acceptance,
    • the Client uses the software productively, or
    • 14 days have passed since notification of completion without the Client refusing acceptance with reference to defects.
  3. Minor defects do not entitle the Client to refuse acceptance.

§ 7 Warranty and Liability for Defects

  1. The Contractor warrants that the software essentially has the agreed characteristics and is free from defects in title.
  2. The warranty period is 12 months from acceptance (statutory periods apply to consumers).
  3. In case of defects, the Contractor initially has the right to subsequent performance (rectification or replacement delivery) within a reasonable period.
  4. If subsequent performance fails twice, the Client may, at their discretion, demand a reduction in remuneration or withdraw from the contract.
  5. No warranty exists for defects resulting from improper operation, modifications by the Client or third parties, normal wear and tear, or external influences.
  6. The Contractor points out that according to the current state of technology, it is not possible to create software that is error-free under all application conditions.

§ 8 Liability

  1. The Contractor is liable without limitation:
    • for intent and gross negligence,
    • for injury to life, body, and health,
    • under the Product Liability Act, and
    • to the extent of an assumed guarantee.
  2. In case of slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the typical, foreseeable damage under the contract.
  3. Otherwise, liability is excluded.
  4. The above limitations of liability also apply to the personal liability of employees, representatives, and vicarious agents of the Contractor.
  5. The Client is responsible for regularly backing up their own data.

§ 9 Copyright and Usage Rights

  1. All copyrights and other protective rights to the developed software, documentation, and other work results remain with the Contractor.
  2. Upon full payment, the Client receives a non-exclusive, temporally and geographically unlimited right to use for the agreed purpose.
  3. Transfer of usage rights to third parties requires prior written consent from the Contractor.
  4. For app development, the usage right includes publication in app stores (Apple App Store, Google Play Store, etc.).
  5. Source code is only transferred if expressly agreed.
  6. The Contractor may use the project for reference purposes in their portfolio unless otherwise agreed.

§ 10 Maintenance and Support

  1. Maintenance and support services are not part of the development contract and can be agreed separately.
  2. Maintenance contracts can be concluded with the following services:
    • Bug fixes and error correction
    • Updates for operating system compatibility
    • Security updates
    • Performance optimizations
    • Priority support
  3. Maintenance contracts have a minimum term of 12 months and automatically extend for 12 months each unless terminated with 3 months' notice to the end of the term.
  4. A discount of 20% is granted for annual advance payment.

§ 11 Confidentiality and Data Protection

  1. Both parties undertake to treat all confidential information that becomes known in the course of cooperation as strictly confidential.
  2. The confidentiality obligation continues after termination of the contractual relationship.
  3. The Contractor undertakes to comply with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
  4. If the Contractor processes personal data of the Client in the course of service provision, a separate data processing agreement (DPA) according to Art. 28 GDPR will be concluded.

§ 12 Termination

  1. The right to extraordinary termination for good cause remains unaffected.
  2. For fixed-price projects, ordinary termination is only possible for good cause.
  3. For hourly remuneration, the contract can be terminated by both parties with 14 days' notice.
  4. In case of termination by the Client without good cause, services already rendered must be remunerated. For fixed-price projects, a cancellation fee of 50% of the services not yet rendered is additionally payable.
  5. Terminations must be in writing.

§ 13 User Accounts and Access Data

  1. If the Client receives access to a user account on the Contractor's website, they are responsible for keeping their access data confidential.
  2. The Client undertakes not to pass on their access data to third parties.
  3. In case of suspected unauthorized access, the Contractor must be informed immediately.
  4. The Client is liable for all activities carried out using their account, unless they prove that these were not initiated by them.

§ 14 Final Provisions

  1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
  2. The place of performance and exclusive place of jurisdiction is the Contractor's registered office, provided that the Client is a merchant, a legal entity under public law, or a special fund under public law.
  3. Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.
  4. Amendments and additions to these Terms must be made in writing. This also applies to changes to this written form clause.

Last updated: October 2025
Kai Muckenheim
Freelance Software Developer