General Terms and Conditions (GTC)
ask mape GmbH i. G./in Gründung
Kolonnenstr. 8, D-10827 Berlin, Germany
Amtsgericht Charlottenburg (Berlin)
As of: April 2026
§ 1 Scope of Application
1.1 These General Terms and Conditions ("GTC") govern all consulting and service agreements between ask mape GmbH i. G./in Gründung (hereinafter "Consultant") and the respective client (hereinafter "Client"), provided the Client is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB).
1.2 These GTC apply exclusively. Conflicting or deviating terms and conditions of the Client shall not be recognized unless the Consultant expressly agrees to their applicability in writing.
1.3 These GTC also apply to all future business relationships with the Client without the need for further express reference.
§ 2 Formation of Contract
2.1 Offers made by the Consultant are non-binding and subject to change, unless they are expressly designated as binding.
2.2 A contract is formed by the Client's written acceptance of the Consultant's offer, or by the Consultant's written order confirmation following receipt of the Client's order. Written form is also satisfied by email.
2.3 Oral collateral agreements require written confirmation by the Consultant to be effective.
§ 3 Client Cooperation Obligations
3.1 The Client undertakes to support the Consultant in the performance of the agreed services to a reasonable extent. In particular, the Client shall provide all necessary information, documents, and access in a timely manner.
3.2 Upon request by the Consultant, the Client shall designate a responsible contact person who is authorized to make decisions within the scope of the project.
3.3 Delays arising from the Client's failure to fulfil its cooperation obligations shall not be attributable to the Consultant. Agreed deadlines shall be extended accordingly without giving rise to any claims by the Client.
3.4 Any additional work incurred by the Consultant as a result of incomplete, incorrect, or late cooperation by the Client shall be compensated additionally at the agreed hourly rate.
§ 4 Remuneration and Payment Terms
4.1 Remuneration is determined by the individually agreed offer or order confirmation. Unless otherwise agreed, the Consultant's daily rates applicable at the time the order is placed shall apply.
4.2 All prices are exclusive of applicable statutory value-added tax (VAT), where the Consultant is required to charge VAT.
4.3 Invoices are due and payable within 14 days of the invoice date without deduction, unless other payment terms have been agreed.
4.4 In the event of late payment, the Consultant is entitled to charge default interest at a rate of 9 percentage points above the applicable base interest rate (§ 288 para. 2 BGB) as well as a flat-rate default fee of EUR 40 pursuant to § 288 para. 5 BGB. The right to claim further damages is reserved.
4.5 The Client is only entitled to set off claims or exercise a right of retention if its claim has been finally determined by a court, is undisputed, or has been acknowledged by the Consultant.
4.6 Travel and ancillary expenses (e.g. transportation, accommodation, communication costs) shall be invoiced separately unless already included in the offer.
§ 5 Performance of Services and Deadlines
5.1 The Consultant shall perform the agreed services with due care and to the best of its knowledge and ability. The Consultant generally owes a service within the meaning of § 611 BGB (service contract), not the achievement of a specific result, unless otherwise agreed in individual cases.
5.2 Stated delivery and performance deadlines are non-binding indicative targets unless expressly designated as binding.
5.3 The Consultant is entitled to engage third parties (subcontractors) for the performance of services, provided this does not detract from the quality of the services and no legitimate interests of the Client are thereby prejudiced.
5.4 Unless otherwise agreed, the place of performance is the Consultant's registered office in Berlin. Travel to the Client or to third parties shall take place only by prior arrangement.
5.5 The Consultant is entitled to render partial services and to issue partial invoices accordingly.
§ 6 Confidentiality
6.1 Both parties undertake to keep strictly confidential all confidential information of the other party that comes to their knowledge in the course of the contractual relationship — in particular trade and business secrets, customer data, strategies, and other non-public information — and not to disclose it to third parties.
6.2 This obligation does not apply to information that (a) is or becomes publicly known through no breach by the parties, (b) was already known to the receiving party before the commencement of the contractual relationship, (c) was transmitted to the receiving party by an authorized third party without any confidentiality obligation, or (d) must be disclosed by virtue of statutory provisions or official orders.
6.3 The confidentiality obligation shall continue for a period of three years following the end of the contractual relationship.
6.4 The Consultant is entitled to name the Client and the type of services rendered as a reference, unless the Client expressly objects.
§ 7 Liability
7.1 The Consultant's liability is unlimited for damages arising from injury to life, body, or health, as well as for intentionally or grossly negligently caused damages.
7.2 In all other respects, the Consultant shall only be liable for breach of a material contractual obligation (cardinal obligation), i.e. an obligation whose fulfilment is essential to the proper performance of the contract and on whose compliance the Client may ordinarily rely. In such cases, liability is limited to the damage typically foreseeable at the time of contract formation.
7.3 Any further liability is excluded. This applies in particular to indirect damages, consequential damages, and loss of profit.
7.4 The foregoing limitations of liability also apply in favour of the Consultant's employees, agents, and subcontractors.
7.5 To the extent that the Consultant's liability is excluded or limited, this also applies to the personal liability of the Consultant's executive bodies, legal representatives, employees, and agents.
7.6 Claims for damages by the Client shall become statute-barred within twelve months of the Client's knowledge of the damage and the party liable, but no later than three years from the date on which the claim arose, unless mandatory statutory limitation periods apply.
§ 8 Copyright and Rights of Use
8.1 All works, concepts, analyses, presentations, and other work results created by the Consultant in the course of the engagement (hereinafter "Work Results") are protected by copyright and remain the property of the Consultant.
8.2 Upon full payment of the agreed remuneration, the Consultant grants the Client a non-exclusive, geographically and temporally unrestricted right to use the Work Results for the purposes described in the contract.
8.3 Any transfer of Work Results to third parties or use beyond the agreed purpose requires the prior written consent of the Consultant.
8.4 The Consultant is entitled to use anonymized or aggregated insights derived from the collaboration for its own purposes (e.g. further development of methods, general market analyses), provided no conclusions can be drawn about the Client.
8.5 Third-party software, frameworks, or tools used by the Consultant are subject to the respective license terms of such third parties; the Consultant assumes no warranty in this respect.
§ 9 Data Protection
9.1 The processing of personal data in the context of the contractual relationship is carried out in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
9.2 Where the Consultant processes personal data on behalf of the Client, the parties shall enter into a separate data processing agreement pursuant to Art. 28 GDPR.
9.3 Further details on data processing by the Consultant are set out in the Consultant's Privacy Policy, available at [www.askmape.com/privacy] (or the then-current URL of the Consultant's website).
§ 10 Term and Termination
10.1 Project agreements commence and end at the contractually agreed times, unless otherwise stipulated.
10.2 Ongoing agreements (e.g. retainer arrangements) may be terminated by either party with four weeks' notice to the end of a calendar month by ordinary termination, unless a longer notice period has been agreed.
10.3 The right to terminate for cause without notice remains unaffected. Cause for termination exists in particular where (a) the Client is more than 30 days in arrears with a payment and fails to pay despite written notice, (b) insolvency proceedings are opened or applied for against the assets of a party, or (c) a party materially or persistently breaches essential contractual obligations.
10.4 In the event of termination, services already rendered shall be compensated in full. Commenced service units shall be invoiced on a pro-rata basis.
§ 11 Final Provisions
11.1 These GTC and all contracts concluded on their basis shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
11.2 The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with these GTC and the contracts concluded on their basis shall be Berlin, Germany, to the extent permitted by law.
11.3 Should any provision of these GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision.
11.4 Amendments and additions to these GTC and all contracts concluded on their basis require written form. This also applies to any waiver of the written form requirement itself.
11.5 The Consultant reserves the right to amend these GTC at any time. The version in force at the time of contract conclusion shall apply and will be brought to the Client's attention before the conclusion of any contract.
ask mape GmbH i. G./in Gründung · Kolonnenstr. 8, D-10827 Berlin, Germany · Amtsgericht Charlottenburg