5,0/5 Google · 167 reviewsWe do not check reviews of us on other platforms that we do not quote verbatim for authenticity. They may therefore also come from people who are not our clients. The rules of the respective platform apply. Reviews that we quote verbatim on our website, by contrast, have been checked for authenticity within the meaning of Section 5b(3) UWG (German Act against Unfair Competition): we compared the reviewers’ names with our client register. We also asked the respective platform to check the reviews for authenticity.Period: October 2016 to date · As of: 28 October 2026
Terms and conditions · Terms of use Terms and conditions
Have your terms and conditions drafted
Business model first, then the clause.
When an offering goes live or a larger customer reviews your terms, your terms and conditions decide on service, payment, liability and rights. We build terms that fit your checkout, onboarding and sales.
The first contact is free of charge. Before any costs arise, we will tell you expressly.
Response within 24 hours on working daysTo the main page IT law & digitalisation
As of: 23 October 2026
General terms and conditions
- § 2Conclusion of contractBy clicking Register, these terms are deemed accepted.Check incorporation in the processCheck
- § 5Changes to servicesThe provider may change or discontinue features at any time.Too broad, § 307 BGBCritical
- § 9LiabilityAny liability of the provider is excluded.Blanket exclusion invalid, § 309 No. 7 BGBCritical
- § 12Term and terminationThe contract runs for twelve months and renews for a further twelve months each time.Not permitted towards consumers, § 309 No. 9 BGBCheck
- § 14Data protectionThe provider's privacy policy applies.Standard
Point of review: Service changes and liability do not fit the product
- 1Capture the modelTerms, checkout, service description
- 2Review clausesClauses by priority
- 3ApproveYou decide on the version
Schematic illustration of typical clauses in terms and conditions. Simplified example.
We advise digital business models
- Online shops
- SaaS providers
- Platforms
- Agencies
- Start-ups
Key points at a glance
- Terms and conditions only hold if they reflect your actual business model and are effectively incorporated in the ordering, registration or offer process.
- We draft new terms and conditions and terms of use or review existing ones. Both routes are equally valid; in our experience, a review is often the quickest way to start.
- We align service, payment, term, liability, rights of use and data with the data processing agreement, service level agreement and service description.
- If terms and conditions are not enough for your case, we tell you early which type of contract fits better.
- Your contact is Andreas Buchholz and his team. He is a specialist lawyer for IT law. Response within 24 hours on working days; the first contact is free of charge.
- DPA (German: AVV)
- Data processing agreement under Art. 28 GDPR. It governs how a service provider processes personal data on behalf of a client.
- SLA
- Service level agreement. It sets out availability, response times and customer service.
- Order form
- Order form or offer with which business customers conclude a contract.
Your starting point
New terms or review existing ones?
Both routes lead to terms ready for approval. You choose based on your situation.
For an offering without its own terms, a launch or a changed business model.
- Terms that fit your shop, SaaS, platform, app or service
- Aligned with checkout, registration or order form
- Notes on incorporation on the website
For terms that are already online or that a larger customer is currently reviewing.
- Priority list of what is urgent and what can wait
- Alignment with process, DPA, SLA and service description
- Recommendation on whether targeted adjustments are enough
Starting position
Why do terms and conditions decide more than formalities?
Terms and conditions do not become important because a document is missing. The situation becomes critical when product, sales, customer communication and conclusion of contract do not follow the same line.
How the clauses are structured and interlock decides whether your business model can grow on a solid footing.
When a shop, a SaaS offering, a platform, an app or a recurring service model goes live, terms and conditions decide far more than formalities. They determine what is owed, how payment works and who bears which risk in a conflict.
General terms and conditions are pre-formulated contractual terms for a large number of contracts. That is exactly why they must be precise where a company manages the same risks again and again. This concerns conclusion of contract, service, remuneration, rights, liability, term, termination, customer service, suspension, content and data.
For digital business models, in our experience it is rarely enough to put individual clauses side by side. A SaaS model needs a different structure than a shop. A platform needs different rules than an agency service. A B2B offering requires different priorities than a B2C checkout.
We therefore set up terms and conditions as part of your entire contractual framework. As soon as software development, cloud, IT projects, provider changes or negotiated enterprise contracts are the focus, we place the case more broadly within IT law.
- Incorporation
- Does the process match the text?
- Service
- What is owed and what is not?
- Liability
- Limited, but effective?
- Customer group
- B2B, B2C or both?
- Interfaces
- DPA, SLA, platform rules, Data Act
How we recognise good terms and conditions
The terms match the actual ordering, registration or onboarding process. Service, remuneration, rights and liability do not contradict each other.
B2B and B2C situations are not mixed uncontrollably. Interfaces with data protection, DPA, SLA, platform rules or e-commerce obligations are clearly drawn.
Changes, termination, suspension, availability and customer service are manageable in practice. Your team can actually work with the terms.
Brief assessment before the initial conversation
Send us the link to your offering and any existing terms. We tell you whether a review is enough, whether new terms make sense or whether another contract is the better fit.
Scope of services
What exactly do you get?
Document
Terms and conditions or terms of use ready for approval For shops, SaaS, platforms, apps, agency services, digital services or B2B sales, matching the actual role of the document.
Structure
Clauses that fit the business model Service, conclusion of contract, payment, term, termination, liability, rights of use, customer service and suspension work together.
Incorporation
Notes on website and process Terms and conditions must be incorporated at the right moment. That is why we also check how the website, checkout, registration, offer or order form are designed.
Alignment
Alignment with DPA, SLA and service description We make contradictions between terms, data protection, data processing, customer service, availability and product promises visible and resolve them.
Priority
Priority list for existing terms For existing terms and conditions, we show which clauses should be adjusted urgently and which points are follow-up questions. In our experience, a review is often the quickest way to start.
Recommendation
Decision on the right type of contract If terms and conditions are not enough, we show early on whether a SaaS contract, software contract, DPA, SLA or project contract is the better fit.
- For whom
- Companies with a shop, SaaS, platform, app, agency service or recurring B2B sales
- Service
- Review, drafting or revision of terms and conditions and terms of use
- First response
- within 24 hours on working days
- Initial contact
- free of charge, to clarify the business model, documents and next step
- Costs
- The effort depends on whether terms are reviewed, newly drafted or several documents are aligned. We will tell you expressly in advance.
- Not included
- Negotiated enterprise contracts, privacy policy and litigation. These are separate services, on request and as needed.
Who decides
- You, on the version, risk appetite and timing
- In a dispute, the competent court
You can find which documents help for the first assessment directly in the enquiry form
How it works
How does the engagement work?
After your enquiry, we will get back to you within 24 hours on working days.
01
Describe your model You describe your offering, customer group, sales channel, pricing model, term, scope of services and the process in which customers accept the terms. Existing terms, screens and service descriptions help. We review your information and tell you whether the package fits or another route makes more sense.
- Customer groupB2B and B2C
- Conclusion of contractCheckout with account
02
Receive an offer If the package fits, you receive an offer for reviewing or drafting the terms, plus notes on incorporation. We only start once you agree.
03
Review or draft clauses We review or draft the terms and align them with DPA, SLA, service description and checkout. We mark critical clauses by priority.
- § 5 Changes
- redraft
- § 9 Liability
- differentiate
04
Approve You receive terms ready for approval with notes on incorporating them into your website, checkout, registration or order form. You decide on the version and timing.
Disputes about the validity of individual clauses and representation in court are not part of the package. We agree on these steps separately.
How long does it take? We complete most work steps within a few working days. How quickly it goes depends on the scope and your feedback. Do you have a fixed date, such as a launch? Tell us right away in your enquiry and we will plan for it.
Typical triggers
When should you set up or update your terms and conditions?
The occasion determines which clauses must hold first.
A shop, SaaS, platform, app or service offering is about to go public. The terms must fit checkout, onboarding, service, payment and termination rules.
A larger customer asks for terms, DPA, SLA, service description, liability or chain of rights. Then terms must exist and also be negotiable.
New prices, terms, sales channels, customer groups, user roles, support models, data features, data flows or licence models no longer fit the old terms.
Third-party or generated texts seem quick, but in our experience they often miss the business model, incorporation, liability limits or regulatory interfaces.
A customer complaint, refund claim, platform problem, warning letter or an enterprise customer's review shows that individual clauses do not hold or were not properly incorporated.
Digital offerings combine service description, rights of use, data protection, content, customer service, availability, moderation or data access. New legal requirements also trigger adjustments.
New obligations affecting terms and checkout
- Order button For consumer contracts, the order button must clearly indicate the obligation to pay, for example with “order with obligation to pay”. Otherwise no contract is concluded (§ 312j(3) and (4) BGB).
- Cancellation button Anyone who concludes subscriptions with consumers online must enable cancellation via a clearly visible button on the website (§ 312k BGB).
- Withdrawal button Since 19 June 2026, businesses that conclude distance contracts with consumers online must provide a withdrawal function. Consumers can use it to declare withdrawal directly on the user interface (§ 356a BGB).
Term Towards consumers, a contract may no longer renew tacitly for another year. Only a renewal for an indefinite period with a notice period of no more than one month is permitted (§ 309 No. 9 BGB).- Implement the Data Act Unilaterally imposed, unfair clauses on data access and data use are not binding in B2B relationships (Art. 13 Data Act). Cloud providers must enable their customers to switch providers (Art. 23 et seq. Data Act).
Key clauses
Which points are decisive in terms and conditions for digital offerings?
The length of the document matters little. We check whether the terms are clear where payment, use, unwinding, suspension, availability, rights or liability may later be disputed.
| Area of review | Why it matters in practice | Typical mistake that becomes expensive later |
|---|---|---|
| Customer group B2B and B2C | Consumers are covered by withdrawal, information and transparency obligations that apply differently or not at all to business customers. | B2B and B2C are mixed. Rules for consumers and for business customers end up in one document without separation. |
| Conclusion of contract and incorporation | Terms and conditions only help if they are effectively incorporated before the contract is concluded and the ordering, registration or offer process fits. | The process does not match the text. Checkout, order form, offer or registration form say something different from the terms. |
| Service and service limits | Unclear promises lead to disputes about scope, quality, deadlines, customer service, updates, availability or the customer's cooperation. | Feature changes and new services are not reliably regulated. |
| Prices, payment and term | Pricing model, renewal, termination, late payment, suspension and service stop must fit together economically and legally. | Price changes, suspensions and ways to terminate are missing or do not fit the customer group. |
| Liability and warranty | Limitations of liability are sensitive. Clauses that go too far can be invalid and, in a conflict, achieve the opposite of what was intended. | Liability is worded too harshly. Blanket exclusions look strong but can be invalid in a dispute. |
| Liability for life, body and health | An exclusion for injury to life, body and health and for gross fault is invalid in standard terms (§ 309 No. 7 BGB, in B2B via § 307 BGB). | Liability is excluded without these exceptions. |
| Rights of use and content | For software, platforms, agency services, content, uploads or AI-related features, it must be clear who may use, block, edit or pass on what. | For software, content, uploads, designs, data or AI features, there is no clear allocation of rights and roles. |
| Data, DPA and regulation | Terms and conditions must not mix up privacy notices, DPA, Data Act logic, platform obligations or security commitments. | DPA, SLA and terms contradict each other. Availability, customer service, subcontractors, deletion and exit sit side by side without a clear order of precedence. |
The overview shows typical areas of review from our practice. Which clause holds in an individual case depends on the business model and customer group.
Case groups
Do terms and conditions need different rules depending on the business model?
Four constellations we regularly support.
Online shop and digital sales For shops, it is about conclusion of contract, mandatory information, payment, delivery, defects, withdrawal, returns, vouchers, marketplaces and proper incorporation into checkout and customer communication.
SaaS, cloud and digital services For SaaS offerings, term, user accounts, availability, customer service, updates, suspension, data export, DPA, service changes and exit matter. If the specific type of contract is in the foreground, the IT contract is the stronger route.
Platform, portal and community Platform terms must organise user roles, content, suspension, reporting channels, ranking or moderation rules, rights to uploads and liability questions. For intermediary services, requirements of the Digital Services Act apply in addition.
Agency, consulting and digital services Here, the delimitation of services, cooperation, approvals, rights of use, references, remuneration, change requests and liability matter. For website and relaunch projects, in our experience the web design contract is often the better fit.
From our practice
What do typical terms and conditions mandates look like?
Three anonymised constellations that regularly occur in our practice. Each case is assessed individually.
- Starting position
- A SaaS provider has terms for small customers. A corporate group's procurement asks for terms, DPA and SLA.
- Problem
- Availability was stated differently in the SLA than in the terms. Liability and customer service were not set up to be negotiable for enterprise customers.
- Adjustment
- We set an order of precedence for the documents, tiered liability by customer group and aligned the SLA and terms.
- Benefit
- The provider was able to present the documents to procurement and release negotiation points in a targeted way.
- Starting position
- A shop used terms from a template; checkout and shipping conditions had changed since then.
- Problem
- Ordering process, payment methods and withdrawal information no longer matched the text. That creates a risk of warning letters.
- Adjustment
- We aligned the terms with the actual checkout and gave notes on incorporation on the website.
- Benefit
- Text and ordering process say the same thing. The shop knows where changes to the process affect the terms.
- Starting position
- A community platform allowed uploads and reviews, but its terms of use barely covered them.
- Problem
- Rights to uploads, suspension and reporting channels were open. Requirements of the Digital Services Act were missing.
- Adjustment
- We organised user roles, rights to content, moderation and reporting channels and added the DSA information.
- Benefit
- The team can justify suspensions and handle reports according to fixed rules.
Subscription or individual
Legal texts subscription or individual terms?
Subscription services provide standardised legal texts and update them when the law changes. For a typical shop with a standard product range, that can be enough.
Standard texts do not know your business model. For SaaS, platforms, B2B sales, your own pricing models or special liability questions, in our experience exactly the rules that matter in a dispute are often missing. A generator also cannot detect discrepancies between text and checkout.
We draft terms that fit your offering, your checkout and your other contracts. When a revision becomes necessary, you can see above under typical triggers.
Suitable contract type
When are terms and conditions enough and when is a specialised contract needed?
Terms and conditions structure recurring standard cases. They are not intended to fully replace complex individual projects, larger outsourcing models or negotiated enterprise contracts.
| Criterion | Terms are enough if | A specialised contract fits better if |
|---|---|---|
| Software and SaaS | a standardised subscription is offered to many customers | development, maintenance, licence or outsourcing are negotiated individually |
| Data protection | the terms only refer to the privacy notice and DPA | data processing, subcontractors, TOMs or third-country transfers dominate the approval |
| Data | data use is regulated as a side issue | data access, Data Act, cloud switching or data fairness are at the core |
| Start-up | a clear product goes live for the first time | terms are only one part alongside chain of rights, financing and enterprise approval |
This allocation is a guide. In the initial contact, we clarify which type of contract fits your case.
Official guidance
Which laws apply to terms and conditions?
The specific design depends on the business model. For initial guidance, the review of standard terms, electronic commerce and, for digital services, additional EU requirements are particularly relevant.
Under § 305 BGB, terms and conditions only become part of the contract if they are effectively incorporated when the contract is concluded. § 307 BGB examines whether clauses unreasonably disadvantage the other party or lack transparency.
For platforms and intermediary services, the Digital Services Act sets requirements for terms of use. The Data Act concerns data-related contractual terms, data access and B2B fairness.
- § 305 BGB: incorporation of standard terms and conditions Official starting point for the definition and incorporation of standard terms.
- § 307 BGB: review of content Central to unreasonable disadvantage and the transparency of clauses.
- § 309 BGB: prohibited clauses without possibility of evaluation Limits for exclusions of liability (No. 7) and term clauses (No. 9) towards consumers.
- § 312i BGB: electronic commerce Relevant for digital conclusion of contracts via websites, shops and online processes.
- § 312j BGB: special obligations towards consumers in electronic commerce Legal basis for the order button.
- § 312k BGB: termination of consumer contracts in electronic commerce Legal basis for the cancellation button.
- § 356a BGB: electronic withdrawal function for distance contracts Legal basis for the withdrawal button since 19 June 2026.
- Digital Services Act, Regulation (EU) 2022/2065 Relevant for terms of use of intermediary services, platforms and content rules.
- Data Act, Regulation (EU) 2023/2854 Relevant for data-related contractual terms, data access, data use and B2B fairness (Art. 13) and for switching providers (Art. 23 et seq.).
Limits
When are terms and conditions repaired too late?
Many problems arise not in the text itself but at its edges.
- 1
Individual projects Complex development projects, outsourcing or negotiated enterprise contracts cannot be fully covered by terms and conditions. Then the IT contract or software contract is the way forward.
- 2
Data protection and data Terms and conditions replace neither the privacy notice nor the data processing agreement. For data access and the Data Act, data law takes over.
- 3
Website and checkout Whether mandatory information, buttons and incorporation on the website work together is shown by a review of the process. The Legal UX Heatmap helps with preparation.
Your contact
Lawyer · Partner · Specialist lawyer for IT law · Terms and conditions, debt collection, litigation, e-commerce
View profile Düsseldorf, Schirmerstraße 80 · Hamburg, Palmaille 124
At ITMR, Jean Paul Bohne, Andreas Buchholz and Dr. Alexander Pleh hold the title of specialist lawyer for information technology law.
ReviewsWe do not check reviews of us on other platforms that we do not quote verbatim for authenticity. They may therefore also come from people who are not our clients. The rules of the respective platform apply. Reviews that we quote verbatim on our website, by contrast, have been checked for authenticity within the meaning of Section 5b(3) UWG (German Act against Unfair Competition): we compared the reviewers’ names with our client register. We also asked the respective platform to check the reviews for authenticity.
What clients say
5,0 von 5 · 71 Bewertungen auf anwalt.dePeriod: October 2018 to date · As of: 28 October 2026
“He immediately pointed out the facts, the potential risks and opportunities and, above all, the limits of the advice, clearly and transparently. Highly professional and without judging others.” (translated from German)
“Good, thorough advice.” (translated from German)
“No matter the issue or the time, Mr Bohne has always proposed and/or worked out quick and lasting solutions. I am very glad to have this lawyer at my side.” (translated from German)
FAQ
Frequently asked questions about drafting terms and conditions for businesses
Can I copy terms and conditions from a generator or another website?
That is risky. In our experience, third-party or generated terms often do not fit the business model, incorporation, service description, liability, data protection interfaces or the actual conclusion of contract. Copied texts can also trigger copyright or competition law problems.
When is it particularly worthwhile to have a lawyer draft your terms?
Especially when a digital offering goes live, an existing model has changed or both B2B and B2C customers are addressed. This also applies when a larger customer reviews terms, DPA, SLA and liability rules.
Are terms and conditions enough for a SaaS or platform model?
Not always. Terms and conditions can structure recurring terms of use and service. If individual service profiles, SLAs, DPAs, enterprise contracts, data access, chains of rights or outsourcing are at the core, we check whether a specialised contract is the better fit.
What is the difference between terms and conditions and terms of use?
Under German law, AGB (general terms and conditions) is the umbrella term for pre-formulated contractual terms. For apps, platforms, portals, SaaS offerings or communities, they are usually called terms of use. What matters legally is content, incorporation and business model; the title is secondary.
When should terms and conditions be updated?
When the business model, prices, terms, sales channels, customer groups, product features, customer service, data flows or legal requirements change. Complaints, warning letters or enterprise reviews are also a reason. The typical triggers are listed in the overview above.
What do effort and costs depend on when you have terms and conditions drafted?
On whether existing terms are reviewed, new terms are drafted or several documents such as terms, DPA, SLA, service description and checkout texts are aligned.
Can you just review existing terms and conditions?
Yes. In our experience, reviewing existing terms is often the quickest way to start. It shows whether targeted adjustments are enough or whether the contract structure should be rebuilt because of product changes, platform features or new customer groups.
What role does the Digital Services Act play for terms of use?
For intermediary services and platforms, the DSA requires, among other things, clear information on restrictions and moderation in the terms of use. Whether and to what extent your offering is affected, we clarify based on its actual features.
Why not simply a legal texts subscription?
For a typical shop with a standard product range, a subscription can be enough. But standard texts do not know your business model. For SaaS, platforms, B2B sales or your own pricing models, in our experience the rules that matter in a dispute are often missing.
Next step
Have terms reviewed or drafted before launch or sales
For a robust result, what matters most is a clear view of the business model, conclusion of contract, service and actual use. From the documents, we can see whether it is about classic terms and conditions, shop legal texts, SaaS terms, platform rules or a narrower IT contract.
Useful for the first assessment
- Existing terms and conditions, terms of use or customer contracts
- Website, shop, app or platform link
- Pricing and term model as well as termination rules
- Checkout, registration or onboarding screens
- DPA, SLA, security documents or support description
- Typical customer questions, points of dispute, warning letters or enterprise requirements
This way we avoid early on that a standard document is supposed to cover a situation for which another type of contract fits better.
Have your terms reviewed or drafted
Briefly describe your offering, customer group and reason. You can upload existing terms directly.
Helpful are existing terms, the link to your offering and screens of the ordering or registration process.
Related services
IT law for digital business models When software, SaaS, cloud, platform or provider changes form the wider framework.IT contract / software contract When it is unclear whether SaaS, development, maintenance, licence or outsourcing is in the foreground.Have your DPA reviewed When data processing, subcontractors, TOMs or third-country transfers dominate the approval.Data protection law When legal bases, transparency, tracking or data subject rights are the focus.Data law When data access, data use, the Data Act or cloud switching set the focus.Start-up advice When terms and conditions are only one building block alongside chain of rights, product contract and financing.E-Commerce-Recht For online retail, mandatory information and platform sales.Have your web design contract reviewed For website and relaunch projects with agencies.Coaching contracts Check risks under the FernUSG (Distance Learning Protection Act).
From our blog: Legal UX Heatmap for websites · Applying the DSA in practice