GTC

General Terms and Conditions (GTC)

freedom manufaktur GmbH

Address: Starnberger Straße 8, 14612 Falkensee, Germany
Phone: +49 3302 272706
Email: erfolg@freedom-manufaktur.com

Commercial register: Charlottenburg Local Court, HRB 168881
Management: Christian Zander, René Vierkorn

As of: July 2025

§ 1 Scope and general information

  1. These General Terms and Conditions apply to all contracts for the temporary transfer and use of software solutions (‘licence programmes’) and related services (e.g. consulting, development, training, maintenance, support, management consulting, marketing and sales).
  2. Deviating terms and conditions of the customer shall only apply if freedom manufaktur expressly agrees to them in writing.
  3. The presentation of services in the online shop does not constitute a legally binding offer, but rather a non-binding overview. Errors and changes are reserved.

§ 2 Definitions

  1. These General Terms and Conditions are intended exclusively for entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) as well as legal entities under public law, special funds under public law, associations and political organisations. Consumers are not supplied. The customer must provide proof of their respective entrepreneurial or institutional status.
  2. An entrepreneur is any natural or legal person or partnership with legal capacity who acts in the exercise of their commercial or independent professional activity.

§ 3 Subject matter of the contract

The subject matter of the contract is the provision of software and individual services for digitisation, automation, IT security, management consulting, marketing and sales. Details are set out in the offer, licence certificate or project contract.

§ 4 Conclusion of contract

  1. The description of the services does not constitute a binding offer, but rather an invitation to the customer to submit an offer.
  2. The contract is concluded when freedom manufaktur accepts the offer by email.
  3. Within the online shop, the customer submits a binding offer to conclude a contract by clicking on the ‘Order now’ button. The contract is only concluded upon express acceptance by freedom manufaktur (e.g. by email or by activating access).

§ 4a Registration and customer account

  1. Registration is required to use the online shop.
  2. The customer is obliged to provide truthful and complete information during registration and to treat their access data confidentially.
  3. freedom manufaktur is entitled to refuse or delete registrations without giving reasons if there is a violation of these General Terms and Conditions.
  4. freedom manufaktur does not guarantee the permanent technical availability of the online shop. Maintenance, updates or external disruptions may lead to temporary restrictions.

§ 5 Rights of use

  1. The customer receives a simple, non-transferable, temporary right of use for internal use of the software during the term of the contract.
  2. Individually developed software remains the property of freedom manufaktur, unless otherwise agreed.
  3. Decompilation or reverse engineering is only permitted within the scope of § 69e UrhG (German Copyright Act).
  4. In the event of use in breach of contract (e.g. exceeding the number of users or passing on to third parties), freedom manufaktur reserves the right to claim appropriate post-licensing and damages.

§ 5a Third-party software

If freedom manufaktur provides third-party software products, their licence terms shall take precedence. In this case, freedom manufaktur shall merely act as an intermediary, unless otherwise agreed.

§ 6 Services and obligations to cooperate

  1. The scope of services is specified in separate offers or contracts. This also includes services in the areas of management consulting, marketing and sales.
  2. The customer shall provide all necessary information, data, access and decisions in a timely manner.
  3. Services shall be deemed accepted if they are used productively or if no objections are raised within 14 days of request.
  4. Delays due to force majeure or third parties are not the responsibility of freedom manufaktur.
  5. These are fundamentally service contracts in accordance with Sections 611 ff. of the German Civil Code (BGB). Success is only owed if expressly agreed.
  6. Requests for changes require confirmation by freedom manufaktur. Additional expenses will be invoiced on a T&M basis, and deadlines will be extended accordingly.

§ 7 Confidentiality

  1. Both parties undertake to maintain confidentiality regarding all information that is not publicly known, even after the end of the contract.
  2. Exceptions apply to information that is publicly known or becomes known through lawful means.

§ 8 Prices, payment, changes to services

  1. The current prices stated in the offer or on the website plus statutory VAT apply.
  2. Services are invoiced according to actual expenditure in accordance with agreed hourly rates (T&M). Activity reports are deemed to have been approved after 7 days if no objection has been raised.
  3. Payment: monthly in advance (software) or according to expenditure (services).
  4. In the event of late payment, freedom manufaktur is entitled to refuse performance and block access.
  5. Price changes due to changes in the scope of services, third-party costs or technical developments are possible with 4 weeks’ advance notice. The customer has a special right of termination.
  6. The customer is only entitled to offset or withhold payment if their counterclaims are undisputed or have been legally established.
  7. Payment processing can be carried out via third-party providers. freedom manufaktur is not liable for errors in external payment services.

§ 9 Contract term and termination

  1. Software contracts run for 12 months and are automatically renewed unless terminated with 6 weeks’ notice.
  2. Service contracts end upon provision of the agreed services.
  3. The right to extraordinary termination for good cause remains unaffected.

§ 10 Warranty and liability

  1. freedom manufaktur guarantees the agreed quality of the software and services.
  2. Defects must be reported immediately. If this is not done, the services shall be deemed to have been approved, provided that the defect was not hidden.
  3. In cases of intent, gross negligence or injury to life, limb or health, freedom manufaktur shall be liable without limitation.
  4. In cases of slight negligence, liability is limited to the foreseeable damage typical for this type of contract.
  5. Further liability is excluded, in particular in the event of a lack of data backup or the customer’s obligation to cooperate.
  6. The customer is responsible for data backup, unless freedom manufaktur has been expressly commissioned to do so.
  7. When using open source components, their terms and conditions apply in addition. freedom manufaktur is not liable for their use outside the contractually intended purpose.
  8. No liability for economic decisions based on software evaluations, unless these have been expressly agreed as binding.

§ 11 Support and maintenance

  1. Optionally agreed support and maintenance services are regulated separately.
  2. Response times and availability are based on the SLA, which is part of the contract.
  3. freedom manufaktur generally makes the software available 24/7. There is no entitlement to a specific availability unless regulated by an individual SLA. Maintenance times or interruptions will be announced as early as possible.

§ 12 Reference citation

freedom manufaktur may name the customer as a reference, provided that no objection is raised. The use of logos or trademarks requires prior written consent.

§ 13 Data protection

Data processing is carried out in accordance with the privacy policy (https://freedom-manufaktur.com/datenschutz). In the case of order processing, a contract is concluded in accordance with Art. 28 GDPR.

§ 14 No right of withdrawal in B2B business

There is no statutory right of withdrawal, as contracts are concluded exclusively with entrepreneurs.

§ 15 Online dispute resolution / consumer arbitration

The EU Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr. freedom manufaktur does not participate in dispute resolution proceedings.

§ 16 Final provisions

  1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
  2. The place of jurisdiction is Falkensee, insofar as this is legally permissible.
  3. Should any provision be invalid, the remainder of the contract shall remain valid.
  4. Ancillary agreements must be made in writing (Section 126b BGB). Digital communication (e.g. email, customer portals) is also sufficient.
  5. The place of performance for all services is Falkensee, even if the services are provided digitally or by remote employees, to the extent permitted by law.
  6. freedom manufaktur is entitled to amend these General Terms and Conditions with effect for future contractual relationships. The customer will be notified of any amendments in writing. If the customer does not object within 4 weeks, the amendments shall be deemed to have been approved.

End of the General Terms and Conditions