Business terms

Scope: These terms apply only to entrepreneurs within Section 14 of the German Civil Code (BGB), legal persons governed by public law and special funds governed by public law. They do not apply to consumers. This English translation is provided for understanding; the language provision in Section 16 applies.

1. Provider and scope

The provider is Patrick Irmler, trading as DEEPBURG Digital Science, Bessemerstraße 51, 12103 Berlin, Germany (referred to below as “Deepburg”). These terms apply to individually commissioned multi-platform app development for web, iOS, Android and desktop, and to the product conception, UX, interfaces, data and AI features, technical advice, release, maintenance and further development agreed for that work.

These terms apply only to entrepreneurs within Section 14 BGB, legal persons governed by public law and special funds governed by public law. The separate Consumer Terms apply to consumers. Customer terms apply only if Deepburg has expressly agreed to them in text form.

2. Contract formation and order of documents

Website content, estimates, free tools and initial discussions are non-binding. A contract is formed by acceptance of an individual proposal, mutual order confirmation or the commencement of work on corresponding instructions. These terms become part of the contract only if the customer was referred to them before formation, had a reasonable opportunity to read them and agreed to their application.

The following documents apply in descending order: the individually negotiated agreement, the proposal or statement of work, any data processing agreement and these terms.

3. Scope and type of performance

The individual proposal defines scope, results, dates, acceptance criteria and responsibilities. Unless a particular result is expressly agreed as a work product, work is performed as a service. Technical concepts, forecasts, AI outputs and security testing may reduce risks or support decisions, but do not guarantee complete freedom from errors or vulnerabilities or a particular commercial result.

3.1 Multi-platform app projects

The proposal defines in particular target platforms, supported operating-system versions, functions, interfaces, privacy and security requirements, accessibility objectives, testing and acceptance, release route, documentation, source-code delivery and maintenance and update periods. App-store, platform, cloud and signing accounts are generally maintained by the customer unless otherwise agreed. Review periods, policy changes, suspension and outages of independent platform operators are outside Deepburg’s control; Deepburg’s own obligations remain unaffected.

3.2 Security testing in app projects

Active security testing takes place only within a scope authorized in writing beforehand. The customer specifies systems, time windows, exclusions and emergency contacts. A test report may identify risks but does not guarantee complete freedom from vulnerabilities.

4. Customer cooperation

The customer supplies agreed information, access, test data, contacts, decisions and approvals in time. The customer warrants that it is entitled to supply data, content, system access and test targets. Active security testing takes place only within a scope authorized in writing. Deepburg transparently identifies delays or additional effort caused by late, incomplete or incorrect cooperation. These may reasonably affect dates and fees where Deepburg is not responsible for the cause.

5. Changes to the scope

Before implementation, requested changes are assessed for their effects on scope, dates, risks and fees. Until an agreement is reached, Deepburg continues on the basis of the last agreed scope where this is appropriate and reasonable.

6. Fees, expenses and payment

The proposal defines fees, billing model, payment schedule and any permitted expenses. Prices are exclusive of statutory VAT where it applies. Invoices are payable without deduction within the period stated on the invoice. Statutory rights concerning late payment remain unaffected.

7. Dates, force majeure and partial performance

Dates are binding only if expressly agreed as binding. Events outside reasonable control, including third-party infrastructure outages, lawful measures by authorities or other cases of force majeure, reasonably extend affected periods. Deepburg informs the customer promptly. Partial performance that can usefully be employed is permitted where reasonable for the customer.

8. Acceptance of agreed work products

Where a work product has been agreed, the customer reviews the result against the agreed acceptance criteria and declares acceptance or identifies specific material defects. Minor defects do not prevent acceptance. Statutory acceptance rules otherwise apply; no deemed acceptance beyond statutory requirements is agreed.

9. Usage rights and open-source components

After full payment, the customer receives the usage rights agreed in the proposal for individually created results. Unless otherwise agreed, a non-exclusive right without limitation of time or territory is granted for the purpose contemplated by the contract. Pre-existing tools, libraries, methods and general know-how remain with the respective party. Open-source software and third-party components are governed primarily by their respective licence terms.

Source code, editable design files or training artefacts are delivered only where agreed in the proposal. Build keys, signing certificates, store access, cloud accounts and production credentials should, where possible, remain under the customer’s responsibility. Delivery or transfer takes place only where technically possible, legally permitted and contractually agreed.

10. Rights to data and content

The customer retains its rights to supplied data and content. It grants Deepburg the usage rights necessary to perform the contract and warrants that contractual processing does not infringe third-party rights. Deepburg does not use customer content to train general-purpose AI models unless expressly agreed separately and transparently.

11. Confidentiality and privacy

Both parties appropriately protect information marked as confidential or recognizably confidential and use it only to perform the contract. Statutory disclosure duties remain unaffected. Where Deepburg processes personal data on the customer’s behalf, the parties conclude an agreement under Article 28 GDPR before processing begins, including project-specific technical and organizational measures and the required subprocessor information.

12. Defects and technical changes

Statutory rules concerning defects apply unless the proposal and these terms contain an effective more specific provision. The customer reports reproducible errors with information required to reproduce them. Guarantees, particular certifications or warranted characteristics exist only if expressly identified as such in text form.

13. Liability

Deepburg has unlimited liability for intent and gross negligence, culpable injury to life, body or health, under product liability law and within the scope of express guarantees. For a slightly negligent breach of a material contractual duty, liability is limited to the loss foreseeable at contract formation and typical for the contract. Material contractual duties are those whose performance enables proper performance of the contract and on whose observance the customer may regularly rely. Liability for other slight negligence is excluded. Mandatory statutory liability remains unaffected.

14. Term and termination

The relevant proposal defines the term and ordinary termination rights. Both parties retain the right to terminate for good cause. Termination requires at least text form. Work already performed and obligations lawfully entered into are settled under statutory and contractual rules.

14.1 Maintenance, support and updates

Maintenance, monitoring, standby cover, response times and recovery times are owed only if expressly agreed in the proposal or a service-level appendix. After project completion, security updates and operating-system or store adaptations require a separate commission where no care period has been agreed. Mandatory statutory update duties remain unaffected.

15. Public references

Public use of the customer’s name, logo or specific project details as a reference requires prior consent in text form.

16. Applicable law, jurisdiction and language

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory rules of applicable private international law and privacy law remain unaffected. Where the customer is a merchant, legal person governed by public law or special fund governed by public law, Berlin is the exclusive jurisdiction to the extent a jurisdiction agreement is legally permitted. Translations support understanding. The German version governs contractual interpretation unless otherwise agreed in the individual contract.

17. Final provisions

Changes and additions to the contract require at least text form unless a stricter statutory form applies. If a provision is ineffective or becomes ineffective, statutory provisions apply in its place; the remaining provisions remain effective.

Updated: 26 September 2026.