Consumer terms
Contents
Scope: These terms apply to contracts between Patrick Irmler, trading as DEEPBURG Digital Science, and consumers within Section 13 BGB. Only the separate Business Terms apply to entrepreneurs.
1. Provider and contact
Patrick Irmler, sole proprietor trading as DEEPBURG Digital Science, Bessemerstraße 51, 12103 Berlin, Germany; email: mail@deepburg.com; telephone: +49 30 23327288.
2. Contract formation and language
Website content, estimates and initial discussions are non-binding. A paid contract is formed when Deepburg sends an individual proposal and the consumer accepts it. Before acceptance, the characteristics of the service, total price, payment method, performance period, technical requirements, any term and termination conditions and the applicable contract documents are communicated. The contract language is German unless otherwise agreed; consumers receive mandatory information in understandable language.
3. Services and contract type
Deepburg provides individually agreed services for the development of multi-platform apps for web, iOS, Android and desktop. These may include product conception, UX, interfaces, data and AI features, release, maintenance and further development. The proposal determines whether a service, work product, digital product, continuing digital service or combination is owed. This classification does not restrict mandatory consumer rights.
4. Custom multi-platform app development
The proposal defines in particular target platforms, functions, supported operating-system versions, interfaces, accessibility, privacy and security requirements, test and acceptance criteria, release route, documentation, source-code delivery and the maintenance and update period. Functions or platforms not expressly agreed are not owed.
Accounts and contracts with Apple, Google, Microsoft or other platform operators are generally maintained by the consumer unless the proposal provides otherwise. Approval, review periods, policy changes, suspension and availability of these independent platforms are outside Deepburg’s control. Deepburg remains liable under statutory rules for its own breaches in preparation and submission.
5. Cooperation and change requests
The consumer supplies agreed content, decisions, devices, test access and authorized system access in time. Only data and content the consumer is entitled to use must be supplied. If a project is delayed for a reason attributable to the consumer, Deepburg informs the consumer of the effects. Further statutory requirements, particularly for default in acceptance or a claim for additional fees, remain applicable.
Change requests are assessed for scope, price and dates before implementation. Additional paid work is performed only after express agreement.
6. Prices and payment
Consumer prices are stated as total prices including statutory VAT where it applies. Additional costs, expenses and third-party fees are specifically disclosed before contract formation. The individual proposal defines payment schedule, due dates and payment methods. No recurring fees arise without express agreement.
7. Performance period, delivery and force majeure
Binding dates and delivery periods are defined in the individual proposal. Statutory rights for late or missing performance remain unaffected. For events outside reasonable control, Deepburg promptly informs the consumer of the effects and adapts the process only to the extent legally permitted.
8. Acceptance of agreed work products
Where a work product is agreed, statutory acceptance rules apply. The consumer reviews the result against the agreed criteria and reports specific defects. Deemed acceptance applies only under statutory conditions. Mandatory rights concerning defects remain unaffected.
9. Digital products, conformity and updates
Where the contract includes the supply of digital content or digital services to a consumer, Sections 327 et seq. BGB apply in particular. The digital product must have the agreed functionality, compatibility, interoperability and other characteristics, be fit for the purpose contemplated by the contract and ordinary use, and allow proper integration.
For the period required by law or contract, Deepburg provides updates necessary to maintain conformity, including security updates, and informs the consumer of their availability. Deviations from objective requirements or statutory update duties are effective only where statutory requirements for an express and separate agreement are met.
10. Third-party software and open source
Open-source software and third-party components included in the result are governed by their licence terms. Deepburg provides information about material third-party components and technical dependencies to the agreed extent. Statutory defect rights against Deepburg remain unaffected where Deepburg is responsible for conformity.
11. Usage rights
After full payment, the consumer receives the usage rights described in the proposal for individually created results. If there is no express provision, a non-exclusive right without limitation of time or territory is granted for the private purpose contemplated by the contract. Pre-existing tools, libraries, methods and general know-how remain with Deepburg or the respective rights holder. The proposal determines whether source code, editable design files, build keys, store accounts or training artefacts are delivered.
12. Privacy, confidentiality and customer content
Deepburg processes personal data under the privacy policy and project-specific information. Where personal data is processed on a customer’s behalf, responsibilities and required agreements are determined before processing begins. Customer content is not used to train general-purpose AI models without a separate, informed agreement.
13. App security
Active security testing takes place only within a scope authorized in writing beforehand. It may identify risks but does not guarantee complete freedom from vulnerabilities. Scope, costs and handling of test data are agreed before testing.
14. Rights concerning defects
Statutory rights concerning defects apply. For digital products, consumers may in particular seek remedy, contract termination or price reduction and damages where statutory conditions are met. The consumer supports error analysis with a description that is as precise as possible; this is not a prerequisite for mandatory statutory rights.
15. Liability
Deepburg is liable under statutory rules. In particular, claims concerning intent or gross negligence, injury to life, body or health, product liability, express guarantees and mandatory rights for digital products remain unaffected.
16. Term and termination
The proposal clearly defines the term, renewal and ordinary termination of recurring services. The right to terminate for good cause remains available. Termination may be declared in at least text form; simpler termination routes required by law remain unaffected. No continuing contract can currently be concluded through this website.
17. Right of withdrawal
There is generally a statutory right of withdrawal for off-premises and distance contracts. Details, exceptions and a model form are provided in the separate withdrawal notice, supplied before contract formation in the version required for the particular contract.
18. Consumer dispute resolution
Deepburg is neither obliged nor willing to participate in dispute resolution before a consumer arbitration body. Once a specific dispute arises, the information required by Section 37 of the German Consumer Dispute Resolution Act (VSBG) is provided. The former EU online dispute resolution platform has been discontinued.
19. Applicable law
German law applies. Where the consumer is habitually resident in another country, mandatory consumer protection rules of that country remain unaffected to the extent they cannot be excluded under applicable private international law. No exclusive jurisdiction is agreed for consumers.
20. Final provisions
Individual agreements take precedence. If a clause is ineffective, statutory provisions apply in its place; the remainder of the contract remains effective.
Updated: 26 September 2026.
