Terms and Conditions#
Status: 27 October 2026. This page is an English convenience translation. Only the German version (AGB) is the legally relevant text.
These terms apply to contracts between DIP Dev (owner Dmytro Prylutskyi, Dorfstraße 6, 85447 Grucking, Germany — Imprint) and its clients (companies and business clients; consumer offers are expressly not the subject of these terms). Note: these terms are to be reviewed by a legal adviser before launch (the VERIFY programme); they deliberately replace the earlier SaaS template, because the business is project work.
§ 1 Subject matter and type of contract#
1.1 The services of DIP Dev are software development and consulting as agreed in detail: prototype sprint, clickable prototype, production development, build-out, maintenance and the AI module.
1.2 Development contracts are contracts for work and services under §§ 631 ff. BGB (German Civil Code). Maintenance and operation are service contracts under §§ 611 ff. BGB. The classification is stated in the offer.
1.3 The scope results exclusively from the written scope sheet (annex to the contract), including the exclusions explicitly listed there. Verbal side agreements create no scope.
§ 2 Fixed price and payment plan#
2.1 The price is a fixed price for the agreed scope. It is not billed by effort or hours.
2.2 Payment plan for the prototype sprint: 40% when the order is placed, 40% after the live demo in week 3, 20% after handover/acceptance. Other projects receive a plan named in the offer along the same pattern.
2.3 Payment terms: 14 days from the invoice date, thereafter default interest under § 288(2) BGB. Under § 19 UStG no VAT is currently charged; should the small-business regulation cease to apply, DIP Dev will state VAT separately and announce the change before it takes effect.
2.4 Invoices carry the full name and address of DIP Dev (§ 14 UStG) with sequential numbers.
§ 3 Client cooperation#
3.1 The client provides the information, data and contact persons needed for the contractually agreed workflow — in particular during scoping and testing in weeks 1 and 2.
3.2 If the project is delayed by missing cooperation, dates move in writing; the fixed price for the agreed scope remains unchanged. The resulting waiting time entitles DIP Dev to accept other orders in the meantime.
§ 4 Changes to the scope#
4.1 Changes and extensions of the scope sheet require a written change order stating: what changes, what it costs, which dates move.
4.2 There are no discounts. The only exceptions: a smaller scope at list price and a documented entry price of at most −10%, once per client.
§ 5 Acceptance#
5.1 After delivery the client has five business days to inspect (§ 640 BGB). The acceptance criteria are the testable statements of the scope sheet; the quality bar: demo-ready on the agreed devices, no known crash on the agreed test matrix, no placeholder text in the agreed flows.
5.2 Uncontested use counts as acceptance after the review period expires if DIP Dev has pointed this out (§ 640(1) BGB).
5.3 On a justified notice of defect, DIP Dev remedies it; if that fails after a second attempt, the client may act under the statutory rules of the contract for work.
§ 6 Warranty#
6.1 Work carries a warranty of one year from acceptance (§ 634a BGB) — expressly agreed between businesses.
6.2 In the first 30 days after the handover of a prototype sprint, DIP Dev fixes defects in the agreed flows at no extra cost.
6.3 No warranty applies to: results of third-party services and providers, changes made by third parties to the source code or infrastructure, and flows outside the scope sheet.
§ 7 Usage rights to the result#
7.1 The client receives unlimited, transferable usage rights to the project source code for the agreed purpose — including modification and further development by its own or third-party service providers.
7.2 The copyright remains with DIP Dev unless bought out separately.
7.3 The source code uses exclusively permissively licensed components (e.g. Flutter/BSD, Serverpod and Jaspr/MIT) or such whose licence is disclosed before use; copyleft components are declared before integration and require consent.
7.4 Project documents, concepts and quotations remain the copyrighted work of DIP Dev until a project results from them — then § 7.1 and § 7.2 apply to the result.
§ 8 Maintenance and termination#
8.1 Maintenance (maintenance & operations) can be terminated monthly at any time.
8.2 The monthly scope covers up to 4 hours of small changes; anything beyond runs through § 4 or a separate order.
§ 9 Confidentiality and data protection#
9.1 Both parties treat the other party's confidential information as confidential — beyond the end of the project as well. Mutual NDA on request.
9.2 Where personal data is processed on behalf of the client, the parties sign a data processing agreement under Art. 28 GDPR before the start.
9.3 DIP Dev transfers no client data to third-party models without written consent; the use of language-model assistance during development is documented.
§ 10 Liability#
10.1 DIP Dev is liable without limitation for intent and gross negligence, for injury to life, body and health, and under the provisions of the Product Liability Act.
10.2 For slightly negligent breach of material contractual obligations (cardinal duties), liability is limited to the contract value of the affected contract; for slightly negligent breach of immaterial duties, liability is excluded.
10.3 Outside the named cases, damages for lost profit and other consequential losses are not recoverable.
10.4 DIP Dev maintains professional liability insurance; confirmation of the cover including the side business is an open check point (VERIFY V7).
§ 11 Term, termination, force majeure#
11.1 The client may end a sprint after week 2; the work delivered by then is invoiced according to the payment plan (at least 40%).
11.2 If a party cannot perform due to force majeure, dates move accordingly; permanent impossibility leads to settlement under § 11.1.
11.3 Illness, failure of third-party providers or official orders that make performance impossible rank as force majeure, provided DIP Dev notifies without delay.
§ 12 Final provisions#
12.1 German law applies. The place of jurisdiction is — as far as legally permissible — the registered seat of DIP Dev.
12.2 Changes to these terms require written form. Should a provision be invalid, the rest of the contract remains effective; an admissible regulation with the closest economic result replaces the invalid one.
12.3 Note on EU online dispute resolution: the platform was discontinued on 20 July 2025 (Regulation (EU) 2024/3228); a link is therefore no longer offered.