Legal
Terms Part C – Software, SaaS & Digital Products
Software, SaaS, custom software development and digital products
Preliminary note
These Special Terms and Conditions (“Part C”) supplement the Master Terms of Asghar Consultants e.K. for software, SaaS, digital products, custom software development and related digital services. They apply only to the extent that they have been validly incorporated into the respective contract. Individual service descriptions, offers, project orders or SaaS contracts may contain supplementary or deviating provisions. Mandatory statutory provisions remain unaffected.
C.1 Scope
These Special Terms and Conditions apply in particular to custom software development, standard software, SaaS and cloud services, digital products, platforms, web applications, mobile applications, interfaces, integrations and related implementation, consulting, maintenance and support services.
C.2 Conclusion of Contract and Service Description
The specific software or digital service results from the respective offer, contract, project order, service description or product plan. Functions, modules, interfaces, technical requirements, scope of services and, where applicable, acceptance criteria are specified there. General descriptions on websites or in marketing materials do not constitute a binding commitment to specific functions unless they are expressly made part of the contract.
C.3 Custom Software Development
For custom-developed software, the service is governed by the agreed scope of obligations and services. Project phases, milestones, deadlines, duties to cooperate, acceptances and handovers may be regulated in the respective project order. Change requests by the Client that go beyond the agreed scope of services may be commissioned and remunerated separately as a Change Request.
C.4 Standard Software and SaaS Rights of Use
For standard software or SaaS services, the customer receives the right of use agreed in the contract for the agreed term, number of users, systems or other usage parameters. Without express agreement, no further rights are granted. The granting of rights of use is, to the extent agreed, subject to full payment of the remuneration owed for them.
C.5 Source Code and Reusable Components
The provision of source code is owed only if this has been expressly agreed. AsgCon may also use its own reusable components, libraries, frameworks, templates, methods, tools, interfaces or general know-how in other projects, provided that no rights of the customer or confidential information are thereby infringed. Individually agreed rights of the customer in project-specific results remain unaffected.
C.6 SaaS, Cloud and Availability
For SaaS and cloud services, provision is made via the respectively agreed technical infrastructure. Uninterrupted or error-free availability at all times is not owed unless a specific availability agreement or SLA has been expressly agreed. Planned maintenance, technical faults, security measures, force majeure and disruptions outside AsgCon’s sphere of influence may affect availability.
C.7 Updates and Further Development
AsgCon may further develop, update and technically adapt software and SaaS services or make security-related changes. For ongoing SaaS services, updates may form part of the service. Material changes that significantly impair the agreed purpose of the contract remain subject to the customer’s statutory and contractual rights.
C.8 Maintenance and Support
Where maintenance or support is agreed, its scope is governed by the respective contract or SLA. Without a separate agreement, there is no entitlement to a specific response or resolution time. Errors, support cases and technical faults are to be reported, as far as possible in a comprehensible manner, via the agreed communication channels.
C.9 APIs, Interfaces and Third-Party Providers
Software may integrate interfaces, APIs, cloud services, libraries or other third-party services. AsgCon is responsible for the services, availability, changes or outages of such third-party providers only to the extent that these can be influenced, legally and in practice, within the respective contractual relationship. Additional costs or terms of use of third-party providers may have to be borne by the customer to the extent agreed or necessary for the desired use.
C.10 AI and LLM Functions
Where software or digital services contain functions based on artificial intelligence, machine learning or large language models (LLM), results may be generated automatically and may be incorrect, incomplete or unpredictable. AI-generated results must be reviewed by the user to the extent necessary for the respective purpose. A particular factual, legal or economic accuracy of automatically generated results is not guaranteed, unless something else has been expressly and lawfully agreed.
C.11 Customer Data and Content
The customer remains responsible for the lawfulness, accuracy and permissibility of the data, content, files and other materials it provides. The customer ensures that it holds the necessary rights for their use and processing. AsgCon may process such data only to the agreed and legally permissible extent for the provision of the service.
C.12 Data Protection and Information Security
Personal data is processed in accordance with the applicable data protection regulations. Where AsgCon processes personal data on behalf of the customer and the statutory requirements are met, a data processing agreement pursuant to Art. 28 GDPR is concluded, to the extent necessary. Security measures depend on the specific service, the agreed requirements and the technically appropriate level of protection.
C.13 Data Export and End of Contract
Where a SaaS or digital service includes the storage of customer data, a data export is governed by the contractually agreed options and the technically reasonable scope. After the end of the contract, data is deleted or otherwise handled in accordance with statutory retention obligations, agreed periods and data protection requirements. An export to a specific third-party format is owed only if this has been agreed.
C.14 Subscription, Payment and Default in Payment
For recurring SaaS or usage fees, the billing intervals and payment periods agreed in the contract apply. In the event of default in payment, the statutory rights apply. To the extent legally permissible and contractually provided for, AsgCon may restrict or block access after reasonable notice if the customer fails to pay despite the payment being due and a reminder. Mandatory rights of the customer remain unaffected.
C.15 Defects and Error Correction
For defects, the statutory provisions apply to the extent that they are applicable, as well as the provisions agreed in the contract. AsgCon is entitled to remedy a defect by rectification, update, workaround or replacement solution, provided this is reasonable for the customer. In particular, deviations that are attributable to technical requirements not agreed, changes to the customer’s system, improper use or third-party provider problems for which AsgCon is not responsible do not constitute a defect.
C.16 Consumer Contracts for Digital Products
Where a contract for digital products or digital content is concluded with a consumer, the mandatory statutory provisions apply, in particular Sections 327 et seq. BGB. Statutory requirements regarding updates, conformity, subsequent performance, termination and other consumer rights are not restricted by these terms.
C.17 Cancellation (Widerruf)
Where consumers have a statutory right of cancellation under a contract, the separate cancellation policy (Widerrufsbelehrung) and the statutory provisions apply. For digital content or digital services, the statutory requirements for a possible early commencement of the service and the associated loss of the right of cancellation apply in particular.
C.18 Technical Requirements
The customer is responsible for the technical requirements on its side, in particular suitable end devices, operating systems, browsers, internet connection, network access and, to the extent agreed, required third-party software. Where specific system requirements have been agreed, these apply.
C.19 Third-Party Software and Open Source
When third-party or open-source components are used, additional license terms may apply. The customer must observe these terms to the extent that they have been validly made available to it for use. Rights in third-party components remain with the respective rights holders. AsgCon grants only those rights that are necessary and permissible for use under the respective license model and contract.
C.20 Contract Term and Termination
For ongoing SaaS or software services, the term, renewal and termination are governed by the respective contract. Upon termination of the contract, rights of use end unless they expressly continue or continue by law. Payment claims that have already arisen remain unaffected. Special agreements may apply to handover, data export or transition.
C.21 No Guarantee of Specific Business Results
Software, SaaS and digital services are provided to achieve the agreed technical or functional purpose. A specific economic success, a specific increase in revenue, cost savings, market position, conversion rate, productivity or other business development is not guaranteed, unless this has been expressly and lawfully agreed.
C.22 Relationship to the Master Terms
These Special Terms and Conditions supplement the Master Terms of Asghar Consultants e.K. The following order of precedence applies to the respective software, SaaS or digital order: 1. mandatory statutory law, 2. individually negotiated agreements, 3. individual contract, offer or project order, 4. expressly incorporated Special Terms and Conditions Part C, 5. Master Terms. To the extent that the Master Terms contain no special provision for the specific order, they continue to apply in a supplementary manner. Mandatory statutory provisions, in particular for consumer contracts for digital products, take precedence over conflicting contractual provisions.
Legal incorporation
Part C is a component of the modular AsgCon terms and conditions system. It does not replace an individual service description, an SLA, a data protection notice or any data processing agreement that may be required. For consumer contracts and digital products, the mandatory statutory consumer protection provisions apply.
Version 1.0 · Last updated: 28 September 2026
This English version is provided for convenience; the German version (AGB Teil C – Software, SaaS & digitale Produkte) is authoritative.