Terms and Conditions
Last updated: April 2026
§ 1 Scope
These General Terms and Conditions apply to all contracts between Schwankl UG (haftungsbeschränkt) (hereinafter 'Contractor') and the respective client for software development and consulting services.
§ 2 Scope of Services
The scope of services is determined by the respective service description or offer. Changes and extensions require a written agreement.
§ 3 Compensation and Payment Terms
Compensation is based on the agreed offer. Invoices are payable within 14 days of invoicing without deduction.
§ 4 Warranty
The contractor warrants that the services provided meet the agreed requirements. The warranty period is 12 months from acceptance.
§ 5 Liability
The contractor's liability is limited to intent and gross negligence. Liability for slight negligence is excluded to the extent permitted by law.
§ 6 Intellectual Property
All software products, designs and concepts created within the scope of a project remain the property of the Contractor, Schwankl UG (haftungsbeschränkt), until full payment has been received. Upon full payment, the agreed usage rights are transferred to the client. The source code remains with the Contractor unless otherwise agreed.
§ 7 Confidentiality
Both contracting parties undertake to keep confidential information of the other party secret. Confidential information includes in particular: trade secrets, technical documentation, customer data and project details. This obligation shall continue to apply after termination of the contractual relationship.
§ 8 Online Appointment Booking
Via /kontakt, consumers and businesses can request a non-binding consultation appointment (Friday afternoon slot, 30 minutes). Contract conclusion: Submitting the booking form is a request, not a contract. A consulting contract is only formed when the contractor confirms the booking by email. Scope: A confirmed appointment is a free, non-binding initial consultation (online via Google Meet) and does not establish any follow-up contract. Binding orders require a written confirmation. Cancellation: Appointments can be cancelled free of charge at any time — either by clicking the cancellation link in the confirmation email or by writing informally to info@schwankl.info. A cancellation at least 24 hours before the appointment is appreciated so the slot can be offered to others. Reschedule: If the contractor is prevented from attending, an alternative slot is proposed by email. No-show: In the event of repeated unannounced no-shows, the contractor reserves the right to refuse further bookings.
§ 9 Use of AI
The Contractor, Schwankl UG (haftungsbeschränkt), uses AI-assisted tools in development (e.g., code assistants, content generation). The client is informed accordingly. All AI-generated content is reviewed and quality-assured by the Contractor before delivery. No training of AI models with client data takes place. AI-generated content (chatbot responses, contract drafts, test checklists, reports) consists of machine-generated suggestions. It does not replace professional legal, tax or specialist advice. The Contractor provides no guarantee as to the accuracy, completeness or currency of AI output. Contracts, invoices and customer-facing documents are ALWAYS reviewed and approved by a human before they are transmitted (human-in-the-loop). AI-generated content is labelled as such in accordance with Art. 50 of the EU AI Act. No automated profiling, scoring or assessment of clients by AI takes place. The client may object to AI processing at any time (info@schwankl.info). The full AI transparency statement is available at /ai-transparency.
§ 10 Place of Jurisdiction
The place of jurisdiction for all disputes arising from or in connection with these Terms and Conditions is Passau, provided that the client is a merchant, a legal entity under public law, or a special fund under public law.
§ 11 Severability Clause
Should individual provisions of these Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision.
§ 12 Right of Withdrawal
Consumers are entitled to a statutory right of withdrawal. Details are set out in our withdrawal policy at /widerruf.