Terms Of Service Agreement Template for Germany

The Terms of Service Agreement is a fundamental legal document for any business providing digital services, software, or online platforms in Germany. This contract type is essential for establishing the legal framework between service providers and their users, whether consumers or businesses. The document must be drafted in compliance with German law, particularly the Civil Code (BGB), Telemedia Act (TMG), and EU regulations like GDPR. It should address specific German legal requirements including consumer protection provisions, data privacy regulations, and the strict standards of AGB-Recht for standard terms and conditions. The agreement typically covers service scope, user obligations, liability limitations, data protection, payment terms, and termination conditions, all while ensuring transparency and fairness as required by German law.

1. Parties: Identification of the service provider with full legal name, address, and registration details as required by TMG

2. Background: Brief context of the services offered and purpose of the agreement

3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Services', 'User', 'Content', and technical terms

4. Service Description: Detailed description of services provided, including scope and limitations

5. User Registration and Account: Requirements and process for account creation, age restrictions, and account management

6. User Obligations and Conduct: User responsibilities, prohibited activities, and acceptable use policies

7. Intellectual Property Rights: Ownership and usage rights of content, trademarks, and other IP

8. Data Protection and Privacy: GDPR-compliant privacy terms, data processing information, and user rights

9. Payment Terms: Pricing, payment methods, billing cycles, and refund policies

10. Term and Termination: Duration of agreement, termination conditions, and consequences of termination

11. Limitation of Liability: Liability limitations compliant with German law, particularly AGB-Recht restrictions

12. Warranty Disclaimers: Service warranty terms and disclaimers within German legal requirements

13. Changes to Terms: Process for modifying terms and notification requirements

14. Governing Law and Jurisdiction: Application of German law and jurisdiction provisions

15. Miscellaneous: Severability, entire agreement, and other standard clauses