Terms

These terms apply to business customers within the meaning of § 14 of the German Civil Code. Differing terms from the client only take effect if I agree to them in writing.

The scope follows from the proposal or the statement of work in the individual contract. Changes of scope are recorded in writing before implementation, including their effect on schedule and fee.

Unless expressly agreed otherwise, this is a service contract. No particular commercial outcome is owed.

The client provides the information, access and contacts needed to perform the work in good time. Delays arising from this shift agreed dates accordingly.

Work is billed by time and material or as a fixed price according to the proposal. Invoices are payable within 14 days without deduction.

Projects running longer than four weeks are invoiced monthly.

On full payment the client receives an unrestricted, transferable right to use the source code created specifically for them, without limitation in time, territory or purpose.

Third-party libraries and tools remain subject to their own licences. General building blocks that are not specific to the engagement remain available for my further use.

Vendor lock-in is excluded: source code and documentation are handed over in full.

Where work results are owed, I ask the client in writing to accept them once they are complete and set a 14-day deadline for doing so. If the client does not refuse acceptance within that deadline citing at least one specific defect, the work is deemed accepted (§ 640 (2) BGB).

If the client puts the work into production use unchanged before the deadline expires, that counts as acceptance.

Defects are remedied within a reasonable period after being reported.

For simple negligence, liability is limited to the breach of material contractual obligations and to the foreseeable damage typical of this type of contract. Liability for intent, gross negligence and for injury to life, body or health is unaffected, as is liability under the German Product Liability Act.

Where the client places an AI system I developed on the market or puts it into service under their own name or trade mark, the client is its provider within the meaning of Art. 3(3) of Regulation (EU) 2024/1689. Developing it to order does not make me the provider. Where the client operates the system under their own authority, they are its deployer under Art. 3(4).

The transparency obligations under Art. 50 — in particular the notice on direct interaction with people, and the marking of generated image, audio and video content — fall on whoever operates or provides the system. In the handover document I set out which of the system’s outputs require marking and where that marking is technically provided for.

A conformity assessment, technical documentation under Annex IV or logging under Art. 12 are owed only where the individual contract expressly agrees and pays for them. Before the contract is concluded we record jointly whether the system falls within Annex III; where that assessment finds high risk, the additional work is agreed separately.

If the requirements of the AI Act or its implementing acts change after acceptance, the resulting adjustment is a change of scope under clause 02 and not a warranty claim.

Both parties treat the other side’s confidential information as confidential and use it solely to perform the contract. This obligation survives the end of the contract.

The client is named as a reference only with prior consent.

Ongoing services may be terminated by either party with four weeks’ notice to the end of a month. The right to terminate for good cause is unaffected.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is Cologne, as far as permitted.

If any provision is invalid, the validity of the remaining provisions is unaffected.

These terms exist in German, English and Serbian. The German version is authoritative; the others are provided for convenience.