General Terms and Conditions

Version: 11 October 2026

These terms apply only to businesses, not to consumers.

§ 1 Scope

(1) These Terms apply to all contracts between QAZAR eGbR, Albertstraße 2, 27793 Wildeshausen ("QAZAR") and its clients for app development, websites, software, automations and AI-supported workflows, and related consulting.

(2) They apply only to entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law. QAZAR does not contract with consumers under these Terms.

(3) The client's general terms do not apply, even if QAZAR does not object to them or performs without reservation. They apply only if QAZAR expressly agrees in text form.

(4) Individual agreements take precedence (§ 305b BGB). For proof, they should be recorded in text form.

§ 2 Offer and contract

(1) QAZAR's offers are non-binding until accepted unless marked binding. A contract is concluded when the client accepts the offer in text form or by signature, or when QAZAR starts work at the client's request.

(2) The scope of services follows the offer and any specification attached to it ("Specification"). Descriptions are not guarantees. A guarantee requires an express statement marked "guarantee".

§ 3 Type of services

(1) Where the offer defines a specific result with acceptance criteria, the service is a contract for work (Werkvertrag).

(2) Consulting, agile development by time units, maintenance, support, and setting up or running automations and AI workflows billed by time are services (Dienstvertrag). QAZAR owes diligent performance, not a specific result.

(3) Where the offer does not specify, services billed by time are Dienstvertrag.

§ 4 Client's cooperation duties

(1) The client provides in time all information, content, access, accounts, test data, store developer accounts, approvals and contacts needed. The client names a decision-maker.

(2) The client is responsible for the lawfulness of content and data it provides, and holds the necessary rights.

(3) If the client does not cooperate in time, agreed dates are postponed accordingly. QAZAR may charge the resulting extra effort at its current rates.

(4) The client is responsible for backing up its own data and systems.

§ 5 Change requests

(1) Either party may request changes to the scope. QAZAR assesses the request and states effects on price and dates in text form.

(2) Changes become binding only when both parties agree in text form. Until then, QAZAR continues under the existing scope.

(3) QAZAR may charge the effort for assessing extensive change requests at its current hourly rate if stated in advance.

§ 6 Acceptance (for contracts for work)

(1) QAZAR notifies the client when a deliverable is ready for acceptance. The client tests within 10 working days and declares acceptance in text form.

(2) The deliverable is deemed accepted if the client does not refuse acceptance within this period stating at least one defect (§ 640 (2) BGB).

(3) Productive use of the deliverable, including publishing an app or website, counts as acceptance, unless the client has stated a material defect in text form before.

(4) Minor defects do not entitle the client to refuse acceptance. QAZAR remedies them as part of the warranty.

(5) Separate parts that can be used on their own may be accepted separately.

§ 7 Prices and payment

(1) Prices follow the offer. Time-based services are billed at the hourly or daily rates in the offer, in units of 15 minutes.

(2) QAZAR is a small business under § 19 UStG and does not charge VAT. If this status ends, prices are net prices plus statutory VAT from that time.

(3) For contracts for work, QAZAR may request advance payments (§ 632a BGB). Unless agreed otherwise: 30 % on contract conclusion, 40 % on delivery of the first testable version, 30 % on acceptance. Time-based services are billed monthly.

(4) Invoices are due within 14 days of receipt without deduction.

(5) In case of default, statutory default interest of 9 percentage points above the base rate and the lump sum of EUR 40 apply (§ 288 (2), (5) BGB). Further claims remain unaffected.

(6) The client may set off or retain only with undisputed or legally established claims, or claims from the same contractual relationship.

(7) Third-party costs that QAZAR incurs on the client's instruction (licences, hosting, API usage, store fees) are reimbursed separately unless included in the offer.

§ 8 Dates

Dates are binding only if expressly agreed as binding. Delays caused by the client, its third parties or force majeure extend dates accordingly.

§ 9 Usage rights

(1) On full payment of the relevant remuneration, QAZAR grants the client a non-exclusive, perpetual, transferable right to use the deliverables for the purpose defined in the contract. Exclusive rights require a separate agreement and remuneration.

(2) Until full payment, QAZAR permits revocable use for testing and, after acceptance, for the agreed purpose. QAZAR may revoke this permission if the client is more than 30 days in default with a material amount.

(3) QAZAR retains all rights in its pre-existing know-how, tools, libraries, templates and generic code components ("QAZAR Components"). The client receives a non-exclusive, perpetual right to use QAZAR Components as part of the deliverables.

(4) Source code is handed over only if agreed in the offer.

(5) Open-source components are subject to their licence terms, which take precedence for those components. QAZAR names them on request. QAZAR avoids licences with copyleft effect on the client's proprietary code unless the client agrees.

(6) QAZAR may use AI tools during development. Copyright may not exist in AI-generated parts. QAZAR grants rights to such parts to the extent they exist and assures that it does not knowingly include third-party code that infringes rights. No guarantee of copyright protection is given for AI-generated parts.

§ 10 Warranty (contracts for work)

(1) QAZAR remedies defects by repair or replacement at its choice. If remedy fails twice, the client may reduce the price or withdraw, and claim damages under § 12.

(2) Warranty claims expire 12 months after acceptance. This does not apply to claims for intent, gross negligence or fraud, for injury to life, body or health, under a guarantee, or under the Product Liability Act; statutory periods apply to these.

(3) No defect exists where the issue results from changes by the client or third parties, from use contrary to the Specification, or from changes to third-party platforms, operating systems, APIs or store rules after acceptance. Adaptations for these are separate services.

(4) For services (Dienstvertrag), no warranty for a result applies.

§ 11 Third-party platforms and AI systems

(1) Deliverables depend on third-party platforms (for example Apple, Google, cloud and AI providers). QAZAR is not responsible for their availability, rule changes, store review decisions or pricing.

(2) For AI workflows, outputs of AI models may be inaccurate. The client is responsible for reviewing outputs before relying on them and for deciding on the use case.

(3) Under the EU AI Act, the client is the deployer of AI systems it uses. Where QAZAR builds a system to the client's order and the client puts it into service under its own name, the client is responsible for deployer and, where applicable, provider duties, including transparency under Art. 50 and AI literacy of its staff under Art. 4. QAZAR supports this on request as a separate service.

(4) Accessibility: the client decides whether its product must meet accessibility requirements (for example the BFSG) and specifies them. Unless specified, QAZAR does not owe compliance with accessibility standards.

§ 12 Liability

(1) QAZAR is liable without limitation for intent and gross negligence, for injury to life, body or health, under a guarantee and under the Product Liability Act.

(2) For slight negligence, QAZAR is liable only for breach of essential obligations, meaning obligations whose fulfilment makes proper performance of the contract possible in the first place and on which the client may regularly rely. Liability is then limited to the foreseeable damage typical for this type of contract, and in any event to the order value of the affected contract or EUR 50,000, whichever is higher.

(3) For slight negligence, QAZAR is not liable for lost profit or indirect damage, except where this damage is typical and foreseeable under paragraph (2).

(4) For loss of data, QAZAR is liable only for the effort of restoring data that the client would have needed with proper, regular backups.

(5) These limits also apply to the personal liability of QAZAR's partners, employees and agents.

§ 13 Confidentiality

(1) Both parties keep confidential information of the other party secret for the term and 3 years after. This does not apply to information that is public, was known before, is independently developed, or must be disclosed by law.

(2) QAZAR may disclose information to subcontractors bound by equivalent confidentiality.

§ 14 Reference

QAZAR may name the client and its logo as a reference and show non-confidential screenshots of the deliverable on its website and in presentations, after publication of the deliverable. The client may object at any time in text form with effect for the future.

§ 15 Data protection

Where QAZAR processes personal data on behalf of the client, the parties conclude a data processing agreement under Art. 28 GDPR. QAZAR's template applies unless agreed otherwise.

§ 16 Termination

(1) Contracts for services with an indefinite term may be terminated by either party with 1 month's notice to the end of a calendar month.

(2) For contracts for work, the client's termination right under § 648 BGB applies with its statutory consequences.

(3) The right to terminate for good cause remains unaffected.

(4) Termination must be in text form.

§ 17 Subcontractors

QAZAR may use qualified subcontractors. QAZAR remains responsible to the client.

§ 18 Final provisions

(1) German law applies. The UN Convention on Contracts for the International Sale of Goods does not apply.

(2) If the client is a merchant, a legal entity under public law, a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction is the seat of QAZAR. QAZAR may also sue at the client's seat.

(3) Should a provision be invalid, the remaining provisions remain valid.

(4) If these Terms exist in several languages, the language of the contract prevails.