Terms and conditions

The workspace and board are free of charge. The client creates the workspace by agreeing to these terms; it may create several workspaces, e.g. one per project. Creating and using them gives rise to no payment obligation.

The client describes tasks as cards on the board. A card in the “Backlog” column is a non-binding request: until the start, the client may change, move or remove it at any time. The client sets the order of the cards in the backlog; it determines which card TechMG starts next (section 5).

Before the start, TechMG checks whether a card can be delivered within the delivery period under section 5. TechMG may split a card that is too large into several cards with their own acceptance criteria. If details are missing, TechMG asks on the card; TechMG may decline a card that cannot be delivered, stating the reason.

At the start, TechMG moves the card to the “In progress” column and fixes its scope, acceptance criteria and delivery date on it. Drafts for these may be AI-assisted; a person fixes them. The acceptance criteria fixed at the start are binding for the card; anything that deviates from or goes beyond them, the client describes as a new card. For the free first task, the start concludes the contract for that task (section 13); in the Prozess-Abo, the started card is a service of the Abo.

The Prozess-Abo is only concluded when the client orders it in the workspace via the order button or accepts an individual offer from TechMG there within 14 days, in each case agreeing to these terms. The order is accepted as soon as the workspace shows that the Abo has started; TechMG also confirms the start by email. If TechMG's capacity is insufficient, the workspace does not accept an order. A Prozess-Abo applies to the workspace in which it was ordered or accepted; for every further workspace the client orders a separate one. An Abo never starts automatically after the free first task.

For every started card, TechMG owes the result described on it, measured against the acceptance criteria fixed at the start. Changes and additions are new cards.

Not owed — not even in the Prozess-Abo — are the operation, hosting, monitoring and maintenance of the client's systems or standing by for incidents. TechMG does not owe any particular saving of time or cost.

TechMG may use subcontractors and tools and remains responsible for the result. Every delivery is reviewed and released by a senior developer before handover.

TechMG provides its services independently and on its own responsibility. TechMG alone decides which persons it deploys, by which method and at which times they work. The client has no right to give instructions to the persons deployed by TechMG, and they are not integrated into the client's organisation. Cards describe results: TechMG does not owe or invoice working hours or any particular working time. Instructions on the processing of personal data under the data processing agreement (section 12) remain unaffected.

The client describes the desired result on the card and provides the necessary information, sample data and contacts in good time; it answers questions on the card.

The client grants access to its systems exclusively by inviting the TechMG accounts named in the workspace or by approving an access request from TechMG — for example on GitHub, GitLab, Bitbucket, Azure DevOps, WordPress, Shopify, n8n, Make, Zapier or for a shared folder. TechMG does not accept or store passwords, API keys or access tokens. If a result needs such credentials, the client stores them in its own system itself.

TechMG does not work on the production system but on a branch, a staging environment, a theme copy, in an inactive workflow or in a result folder. The client publishes. The client is responsible for backing up its data and systems.

While TechMG waits for required cooperation, the delivery period is extended (section 5). If the cooperation is still missing more than 14 days after a reminder, TechMG may close the card; its place becomes free, and the client may post the task again as a new card.

The plan determines how many cards can be in progress at the same time (places): one card in Prozess-Abo 2,5, one card in Prozess-Abo 5, two cards in Prozess-Abo 10, and in Prozess-Abo individuell the number agreed in the offer. Every card in the “In progress” column takes a place, including during a revision; delivered cards in the “Test” column take none.

When a place is free in a running Abo, TechMG starts the top card in the backlog on the next working day at the latest. If, on a plan with a monthly limit (section 8), TechMG has already started as many cards in the current billing month as the plan includes, the next place only becomes free when the next billing month begins. If the top card cannot be started yet, for example because details are missing or it has to be split (section 2), TechMG says so on the card and starts the next card in the backlog order that can be started.

TechMG delivers every card no later than 48 hours after its start. TechMG's working week counts: the period runs without interruption, nights included, from Monday 8 am to Friday 4 pm. Before a weekend and before a public holiday it stops at 4 pm and runs again at 8 am on the next working day. Working days are Monday to Friday except the public holidays at TechMG's registered office in Bavaria and 24 and 31 December; German time applies. Example: started on Monday at 10 am — due on Wednesday at 10 am. If TechMG starts a card while the period is stopped, it begins only when it runs again.

TechMG shows the delivery date on the card at the start; it is not moved afterwards. The period is, however, extended by the time TechMG waits for the client's cooperation and in cases of force majeure; this is taken into account when assessing whether delivery was late.

If TechMG does not deliver a card in the Prozess-Abo by its delivery date, the client receives, per late card, a credit of 5 % of the monthly fee of the billing month in which the delivery date falls. The first delivery counts. TechMG sets the credit off against the next monthly invoice and pays it out after the Abo has ended; it is set off against any damages claimed for the delay. There is no credit for the free first task.

After delivery, the card is in the “Test” column. The client tests the result against the acceptance criteria and the test steps provided. It accepts the result on the board by confirming every acceptance criterion as met, or names the criteria that are not met and requests a revision.

Minor deviations that don't affect any acceptance criterion do not entitle the client to refuse acceptance; TechMG fixes them under section 7.

If the client does not refuse acceptance within 7 days of delivery, naming at least one unmet acceptance criterion or defect, the result is deemed accepted (§ 640(2) BGB), provided TechMG pointed out this period and its consequence in the delivery email. The card then moves to the “Done” column.

If a result does not meet an acceptance criterion, TechMG revises it at no extra cost until all acceptance criteria are met. For this, the card moves back to the “In progress” column.

If the client reports an error affecting an acceptance criterion within 30 days of acceptance, TechMG fixes it free of charge and with priority.

Otherwise the statutory rights for defects apply, except that claims for defects become time-barred 12 months after acceptance. This does not apply to claims based on intent, gross negligence, injury to life, body or health, or under the Product Liability Act.

Errors caused by changes made by the client or third parties, by updates to third-party systems or interfaces after acceptance, or by use beyond the agreed scope are not defects.

The monthly fee is €2,500 per month for Prozess-Abo 2,5, €5,000 per month for Prozess-Abo 5, €10,000 per month for Prozess-Abo 10, in each case net plus statutory VAT; for Prozess-Abo individuell, the monthly fee stated in the accepted offer applies.

Each billing month lasts one month, counted from the day of the order or of the acceptance of the individual offer (example: ordered on 7 October — billing months from 7 October, 7 November, 7 December and so on). If that day does not exist in a month, the billing month starts on the last day of that month.

Monthly limit: per billing month, TechMG starts at most four cards in Prozess-Abo 2,5; in Prozess-Abo individuell, a monthly limit agreed in the offer applies. The cards TechMG starts in the billing month count (section 5); a revision of the same card (section 7) does not count again, and the free first task (section 13) does not count. Tasks not started lapse at the end of the billing month; they are not carried over to the next billing month, and the monthly fee is not reduced. Prozess-Abo 5 and Prozess-Abo 10 have no monthly limit.

TechMG invoices the monthly fee in advance at the start of each billing month; it is payable within 14 days without deduction. TechMG sets credits under section 5 off against the next invoice.

The free first task is free of charge (section 13). The client contracts its own tools, accounts and usage fees (e.g. hosting, licences, API usage) itself and pays them directly to the respective provider.

The client may only set off claims that are undisputed or have been finally established by a court.

The Prozess-Abo has no minimum term. Either party may cancel it at any time with effect from the end of the current billing month — the client in the workspace or in text form, TechMG in text form. The right to terminate for good cause remains unaffected.

Cards TechMG started before the Abo ends are finished and delivered; sections 6 and 7 continue to apply to their acceptance and revision after the end. TechMG does not start further cards after the end.

The client may request a change of plan, e.g. from Prozess-Abo 2,5 to Prozess-Abo 5 or Prozess-Abo 10 or back, in the workspace or in text form. It is agreed when TechMG confirms it in text form and applies from the next billing month unless agreed otherwise. If, on a change to fewer places, more cards are in progress than the new plan allows, TechMG still finishes them; TechMG starts the next card as soon as a place is free under the new plan. If a change to a plan with a monthly limit (section 8) exceptionally applies during a billing month, the cards already started in that billing month count towards it.

TechMG is liable without limitation for intent and gross negligence, for injury to life, body or health, under guarantees given and under the Product Liability Act.

For slight negligence, TechMG is only liable for breaches of material contractual obligations (obligations whose fulfilment makes the contract possible in the first place and on which the client may rely), limited to the typical, foreseeable damage.

For data loss, TechMG is only liable for the effort that restoring the data would have required had the client backed it up properly.

The client receives the exclusive, transferable right, unlimited in time and territory, to use and modify the results created specifically for it — in the Prozess-Abo upon payment of the monthly fee for the billing month in which the result was delivered, for the free first task upon acceptance. Until then, the client may test the result and, while the Abo runs, already use it.

Open-source components and third-party tools used remain subject to their licences. TechMG may keep using general know-how and reusable building blocks that contain nothing client-specific.

Both parties treat non-public information of the other party as confidential, also after the contract ends. On request, TechMG signs a separate non-disclosure agreement (NDA).

If TechMG processes personal data on the client's behalf, the parties conclude a data processing agreement under Art. 28 GDPR.

TechMG also processes the content of the workspace — project details, cards, attachments and messages — with AI tools, as described in the privacy policy. TechMG only uses AI tools from providers whose contract terms exclude training on client data. A person is responsible for every result.

The invitations of TechMG's accounts remain in place as long as TechMG works on cards for the client. When the collaboration ends — when the Abo ends or, without an Abo, when the free first task is accepted —, the client revokes them. TechMG deletes data in the workspace within the periods stated in the privacy policy, and working copies outside the platform (such as local clones of a repository) no later than 30 days after the collaboration has ended, unless a retention duty applies.

TechMG only names the client or its tasks as a reference with the client's express consent.

Every company can commission one task free of charge. The company is the respective legal entity: several workspaces, sites or persons of the same legal entity receive one free task between them. TechMG checks this before the start against the email address, email domain, VAT ID and company name. The free task is used as soon as TechMG starts it; after that, TechMG starts cards in further workspaces only within that workspace's Prozess-Abo. If the client already had a Prozess-Abo, it is no longer entitled to a free task.

The free task must be deliverable within the delivery period under section 5. The client has no claim to its start: TechMG may decline or split a card; one of the resulting cards is then free.

These terms apply to the free task except for the credit (section 5) and the payment rules (section 8). TechMG owes revisions until the acceptance criteria are met here too.

The free task gives rise to neither a Prozess-Abo nor a payment obligation. The client decides freely whether to order a Prozess-Abo afterwards (section 2).

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Exclusive place of jurisdiction is Munich, where legally permitted.

For a running Prozess-Abo, TechMG announces changes to these terms in text form at least 6 weeks before they take effect. Until then, the client may cancel the Abo with effect from the date they take effect; if it does not, the changed terms apply to the Abo from that date. TechMG points out this consequence in the announcement. Otherwise, changes apply to cards started after their publication.

Should a provision be invalid, the rest of the contract remains in effect.