we4 Solutions

General Terms and Conditions

1. Scope

1.1 These General Terms and Conditions (“Terms”) apply to all contracts, offers, deliveries and services of we4 Solutions GmbH, Gistlstr. 103, 82049 Pullach i. Isartal (“we4 Solutions”, “we”, “us” or “our”), vis-à-vis its customers.

1.2 Our services are provided exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (“BGB”), legal entities under public law and special funds under public law. These Terms do not apply to consumers within the meaning of § 13 BGB.

1.3 Any conflicting, deviating or supplementary terms and conditions of the customer shall not become part of the contract unless we expressly agree to their application in writing. This also applies if we perform services without reservation despite being aware of conflicting or deviating terms.

1.4 These Terms also apply to future business relationships with the same customer without us having to refer to them again expressly.

2. Services of we4 Solutions

2.1 we4 Solutions develops and provides AI-supported software solutions and related consulting, implementation, integration, operation, support and operational services, in particular for the insurance industry.

2.2 The specific scope of services is determined by the respective offer, service description, contract, statement of work, order confirmation or other written agreement between the parties.

2.3 Our services may in particular include:

2.4 Unless expressly agreed otherwise, we do not owe any specific commercial success, any specific quality of decision in an individual case, or any legal, medical, actuarial or regulatory advice.

2.5 AI-supported outputs, analyses, classifications, summaries or decision proposals are intended to provide professional support. They do not replace review, assessment or decision-making by qualified persons of the customer. The customer remains responsible for its professional, legal, regulatory and business decisions.

3. Conclusion of contract

3.1 Our offers are non-binding and subject to change unless expressly designated as binding.

3.2 A contract is concluded by written or electronic acceptance of our offer, by our order confirmation, by signature of a contract document or by commencement of service performance.

3.3 Changes or extensions to the scope of services require an express agreement. We may issue a separate offer for this purpose.

4. Service changes and agile implementation

4.1 In software, AI and implementation projects, professional, technical or regulatory requirements may be specified or changed during implementation. Where the parties agree on an agile or iterative approach, requirements, priorities, interim results and further implementation steps are coordinated jointly.

4.2 Customer requests for changes that go beyond the agreed scope of services are deemed change requests. We are entitled to charge separately for any additional effort resulting from such requests and to adjust agreed dates appropriately.

4.3 Delays attributable to missing, delayed, incomplete or incorrect cooperation by the customer shall extend agreed deadlines and dates appropriately. Further rights remain unaffected.

5. Customer cooperation obligations

5.1 The customer shall provide all information, data, documents, systems, access credentials, contact persons, professional decisions and approvals required for service performance in a timely, complete manner and in suitable quality.

5.2 The customer is responsible for the professional accuracy, completeness and lawfulness of the data, documents, instructions and content it provides.

5.3 The customer shall ensure that it is authorised to provide and process the transmitted data. This applies in particular to personal data, confidential information, trade secrets, insurance documents, health data and other particularly sensitive information.

5.4 The customer is responsible for reviewing, validating and approving results, in particular AI-supported outputs, decision proposals, reports, workflows and automation results, unless expressly agreed otherwise.

5.5 The customer shall designate professionally and technically qualified contact persons and ensure timely decisions. Delays or additional effort resulting from insufficient cooperation shall be borne by the customer.

6. Use of software and access credentials

6.1 Where we provide the customer with software, platform access, user accounts or interfaces, the customer receives, for the term of the contract, a simple, non-exclusive, non-transferable and non-sublicensable right to use them within the contractually agreed scope.

6.2 The customer may use the software and access provided only for its own internal business purposes and only within the agreed scope of use. Use for third parties, subletting, resale, making available to the public, reverse engineering or circumvention of technical protection measures is prohibited unless expressly agreed or mandatorily permitted by law.

6.3 The customer is responsible for managing its users, roles, permissions and access credentials unless this is expressly assumed by us. Access credentials must be treated as confidential and protected against access by unauthorised third parties.

6.4 The customer shall inform us without undue delay if there is any suspicion that access credentials have been compromised or unauthorised use has occurred.

7. Third-party providers, cloud and AI services

7.1 We may use our own systems and third-party services for service performance, in particular hosting, cloud, database, communication, analytics, security, development and AI services.

7.2 Where personal data are concerned, third-party providers are used in accordance with the data protection agreements between the parties, in particular a data processing agreement and the subprocessors regulated therein.

7.3 Customer data will be used to train general AI models only if this has been expressly agreed or if the customer has expressly consented to it. Otherwise, customer data are processed only for the purpose of providing the contractually agreed services.

7.4 Where third-party providers change, restrict or discontinue their services, we are entitled to use functionally equivalent alternatives or adjust service performance, provided this is reasonable for the customer.

8. Dates, deadlines and acceptance

8.1 Dates and deadlines are binding only if they have been expressly agreed as binding.

8.2 Where acceptance has been agreed, the customer shall inspect the services capable of acceptance without undue delay after provision. Acceptance may not be refused due to immaterial defects.

8.3 A service shall be deemed accepted if the customer uses the service in production, does not refuse acceptance within a reasonable inspection period while specifying material defects, or issues an agreed declaration of acceptance.

9. Remuneration and payment terms

9.1 Remuneration is determined by the respective offer, contract or agreed service description. It may in particular be agreed as a fixed price, on a time-and-materials basis, as a monthly or annual licence, usage, operation or support fee, or as a combination of these models.

9.2 All prices are exclusive of applicable statutory VAT, where VAT applies.

9.3 Unless otherwise agreed, invoices are payable within 14 calendar days from the invoice date without deduction.

9.4 In the event of late payment, we are entitled to claim default interest and other statutory default damages. Further rights remain unaffected.

9.5 Travel, accommodation and other expenses will be charged only where this has been agreed or where the customer has caused them to be incurred.

10. Rights to work results and know-how

10.1 Pre-existing rights, methods, frameworks, tools, templates, software components, libraries, models, prompts, architectures, concepts, documentation, experience and other know-how of we4 Solutions shall remain with we4 Solutions unless expressly agreed otherwise.

10.2 The customer receives the contractually agreed rights of use to work results created individually for the customer after full payment of the agreed remuneration. Unless expressly regulated otherwise, the customer receives a simple, perpetual, non-transferable right of use for its own internal business purposes.

10.3 Any editing, disclosure, publication, sublicensing or use beyond the contractual purpose is permitted only where expressly agreed or legally permitted.

10.4 we4 Solutions remains entitled to reuse general findings, methods, ideas, concepts and know-how arising during service performance independently of the specific customer project, provided that no confidential information, trade secrets or personal data of the customer are disclosed.

11. Confidentiality

11.1 The parties undertake to treat all confidential information of the respective other party as strictly confidential and to use it only for performance of the contract.

11.2 Confidential information includes in particular trade secrets, technical information, product and process data, insurance documents, customer and case data, software architectures, access credentials, contract content, prices, security information and other information recognisable as confidential.

11.3 The confidentiality obligation does not apply to information that is publicly known, becomes known without breach of duty, has been lawfully obtained from third parties or has been developed independently without recourse to confidential information.

11.4 Statutory disclosure obligations remain unaffected. To the extent legally permissible, the affected party shall inform the other party without undue delay of such disclosure obligation.

11.5 The confidentiality obligations shall continue to apply after termination of the contract.

12. Data protection and information security

12.1 The parties shall comply with the applicable data protection laws. Where we4 Solutions processes personal data on behalf of the customer, the parties shall conclude a data processing agreement pursuant to Art. 28 GDPR before processing begins.

12.2 The customer remains responsible for the permissibility of processing, the lawfulness of data provision, compliance with information obligations towards data subjects and the professional assessment of processing, insofar as it is the controller under data protection law.

12.3 we4 Solutions processes personal data only within the framework of the contractual agreements and the customer’s documented instructions, unless there is a statutory obligation to process data otherwise.

12.4 Where special categories of personal data within the meaning of Art. 9 GDPR are processed, in particular health data, the customer shall ensure that an appropriate legal basis exists and that processing is adequately secured contractually, organisationally and technically.

12.5 we4 Solutions takes appropriate technical and organisational measures to protect the processed data. Details may be regulated in a security concept, service description, data processing agreement or separate annex.

13. Warranty

13.1 Statutory warranty rights apply to work services, unless otherwise regulated in these Terms.

13.2 For services governed by service contract law, we owe professional performance of the services but no specific result.

13.3 In the case of software services, errors, limitations and deviations may occur. We will remedy material, reproducible defects for which we are responsible within a reasonable period or provide a reasonable workaround.

13.4 Warranty claims do not exist for defects caused by improper use, unauthorised modifications, incorrect customer data, third-party systems, lack of cooperation or use outside the agreed scope of services.

14. Availability, maintenance and support

14.1 Where we provide software or platforms as an ongoing service, availability, support hours, maintenance windows, response times and service levels are determined by the respective service description or a separate service level agreement.

14.2 Without an express service level agreement, we owe provision that is appropriate according to the state of the art, but no specific minimum availability.

14.3 Scheduled maintenance work, security updates, technical changes or measures to secure operations may temporarily restrict availability. We will appropriately take the customer’s legitimate interests into account.

15. Liability

15.1 we4 Solutions has unlimited liability for damages arising from injury to life, body or health, for intent and gross negligence, under the German Product Liability Act and in all other cases of mandatory statutory liability.

15.2 In cases of ordinary negligence, we are liable only for breach of material contractual obligations. Material contractual obligations are obligations whose fulfilment makes proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract.

15.3 We are liable for indirect damage, consequential damage, lost profits, unrealised savings, reputational damage and pure financial loss only to the extent that liability is mandatory under the preceding provisions or has been expressly agreed.

15.4 For data loss, we are liable only to the extent that the damage would also have occurred if the customer had performed proper and regular data backups, unless data backup is expressly part of our contractual service.

15.5 The foregoing limitations of liability also apply in favour of our statutory representatives, employees, vicarious agents and subcontractors.

16. Term and termination

16.1 Term and notice periods are determined by the respective contract, offer or service description.

16.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular where a party, despite warning, seriously breaches contractual obligations, significantly delays payments, infringes intellectual property rights, breaches confidentiality obligations or where further contract performance becomes unreasonable.

16.3 After termination of the contract, the customer shall cease using provided software and access credentials unless continuing rights of use have been agreed. Provisions on return, deletion or surrender of data are determined by the contract, the service description or a data protection agreement.

17. References and communication

17.1 Naming the customer as a reference, using logos or publishing project-related information is permitted only with the customer’s prior consent.

17.2 General, anonymised or aggregated information about project experience may be used, provided that no conclusions can be drawn about confidential information, trade secrets or personal data of the customer.

18. Force majeure

18.1 Neither party is liable for delays or impediments to performance caused by events outside its reasonable control. This may include in particular natural events, war, terrorism, official measures, labour disputes, power outages, failures of public telecommunications networks, cyberattacks on third-party infrastructures, pandemics or comparable events.

18.2 The affected party shall inform the other party without undue delay of the impediment and its expected duration. Performance obligations shall be extended appropriately for the duration of the impediment.

19. Final provisions

19.1 The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods.

19.2 The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be Munich, to the extent legally permissible. However, we are also entitled to sue the customer at its general place of jurisdiction.

19.3 Amendments and supplements to the contract require text form unless a stricter form is prescribed by law. This also applies to amendments to this form requirement.

19.4 If individual provisions of these Terms are or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, a valid and enforceable provision shall be deemed agreed that comes as close as legally permissible to the economic purpose of the original provision. The same applies to contractual gaps.

19.5 The contractual language is German. Where translations of these Terms are provided, the German version shall prevail in case of doubt.

20. Last updated

Last updated: 07.05.2026