General Terms and Conditions (GTC)

Version dated 27/04/2026

§1 Scope of Application

1. These General Terms and Conditions apply to all services provided by djumla GmbH, represented by its managing director David Jardin, Moltkestr. 123, 50674 Cologne, Germany (hereinafter referred to as “Joomtastic”).
2. Any conflicting or deviating terms and conditions of the client shall not be recognized unless explicitly agreed to in writing by Joomtastic.
3. Joomtastic reserves the right to amend these GTC with reasonable notice. Orders already placed shall be governed by the GTC valid at the time of contract conclusion.

§2 Conclusion of Contract

1. A contract is concluded upon acceptance of a binding offer issued by Joomtastic by the client.
2. By concluding the contract, the client agrees to these GTC.
3. Acceptance may occur via purchase through the online shop, by email, by returning a signed offer, or by immediate payment of the invoice amount specified in the offer.

§3 Services and Scope of Work

1. Joomtastic provides services in the field of web and application development as well as software solutions, in particular extensions for content management systems such as Joomla.
2. If the software provided by Joomtastic enables integration with third-party services, in particular AI services (e.g. providers such as OpenAI or Anthropic), Joomtastic solely provides the technical interface. The actual processing of content is carried out exclusively by the respective third-party provider. Joomtastic does not provide any AI services itself.
3. The use of such third-party services generally requires a separate agreement between the client and the respective provider. The client is solely responsible for the conclusion, content and billing of such agreements.
4. Joomtastic has no influence over the availability, functionality, pricing or content of integrated third-party services.
5. Content generated by AI services may be inaccurate, incomplete or legally inadmissible. Joomtastic does not perform any content verification. The client is responsible for independently reviewing all AI-generated content before use.
6. The specific scope of work, methodology and deliverables shall be defined in written agreements between the client and Joomtastic. Any changes require a separate written agreement.
7. Joomtastic is entitled to engage qualified third parties to perform its obligations.
8. The client must inspect all delivered services immediately upon receipt and notify Joomtastic of any defects without undue delay. The risk of accidental loss transfers to the client upon delivery.
9. Joomtastic is not obligated to install delivered software unless explicitly agreed otherwise.
10. Unless otherwise agreed, Joomtastic grants the client a non-exclusive, unlimited right in time and territory to use the delivered work results upon full payment. No transfer of copyright ownership takes place.

§4 Term and Termination

1. The minimum term for software subscriptions is 12 months. Unless terminated, subscriptions automatically renew for an additional 12 months.
2. Other contracts end upon completion of the agreed services unless otherwise specified in writing.

§5 Remuneration and Payment

1. Subscription fees are due immediately and payable without deduction.
2. For custom development, payment is due upon delivery. Partial acceptances result in proportional partial payments.
3. In case of default, Joomtastic may charge interest at a rate of 5 percentage points above the base interest rate of the German Bundesbank.
4. For long-term or cost-intensive projects, Joomtastic may request reasonable advance payments (e.g. one third upon order, one third upon 50% completion).
5. If circumstances indicate increased risk regarding payment enforcement, Joomtastic may demand advance payment.
6. All prices are net amounts plus applicable VAT.

§6 Liability

1. Joomtastic shall be liable without limitation for damages resulting from injury to life, body or health, as well as for damages caused by intent or gross negligence.
2. In cases of slight negligence, Joomtastic shall only be liable for breaches of essential contractual obligations (cardinal obligations), limited to foreseeable, typical damages.
3. Any further liability is excluded.
4. Joomtastic shall not be liable for content, outputs or results generated by third-party services, in particular AI services.
5. Joomtastic shall not be liable for damages arising from the use of external services, in particular costs incurred through API-based third-party services. Such costs are borne exclusively by the client. The client is responsible for implementing appropriate monitoring and budget controls.

§7 Set-off, Retention, Delays

1. The client may only offset claims against Joomtastic with undisputed or legally established claims arising from the same contractual relationship.
2. Delays due to force majeure or events beyond Joomtastic’s control (e.g. strikes, outages, network failures) shall not be the responsibility of Joomtastic. Delivery deadlines shall be extended accordingly.
3. No refunds shall be granted for service outages outside Joomtastic’s responsibility. Refunds apply only if Joomtastic is at fault and outages exceed one business day.

§8 Obligations of the Client

1. The client must promptly update any relevant changes (company details, address, VAT ID, etc.).
2. The client may only use software within the scope of the purchased license.
3. All provided materials may only be used for the client’s own purposes.
4. Sharing Joomtastic deliverables with third parties requires prior written consent unless explicitly agreed otherwise.
5. The client shall indemnify Joomtastic against all third-party claims arising from provided content or data.
6. The client is responsible for the legality and safety of provided data. Joomtastic may refuse publication of unlawful or inappropriate content.
7. The client must use services properly and avoid misuse (e.g. spam, system overload).
8. The client must follow standard security practices, especially safeguarding access credentials.

§9 Warranty

1. Defects must be reported in writing without delay and documented appropriately.
2. The client must support defect resolution and ensure proper data backups.
3. If rectification fails, the client may reduce payment or withdraw from the contract. Claims for damages are governed by §6.
4. No warranty applies to defects caused by external factors, misuse, third-party components or unauthorized modifications.

§10 Copyright and Usage Rights

1. All work performed by Joomtastic is subject to copyright law.
2. Work results are protected as intellectual property even if legal thresholds are not fully met.
3. Modifications require prior consent unless contractually agreed.
4. Usage is limited to the agreed purpose and scope.
5. Additional usage requires additional licensing.

§11 Data Protection and Confidentiality

1. Project-related documents are stored for 5 years.
2. Unless agreed otherwise, submitted information is not considered confidential.
3. Joomtastic processes data solely for contract execution.
4. Data transmission over the internet may have security risks beyond Joomtastic’s control.
5. If the client uses third-party services (e.g. AI), the client is responsible for compliance with data protection laws, especially regarding international data transfers.

§12 Jurisdiction and Applicable Law

1. The place of jurisdiction is Cologne, Germany, provided the client is a merchant or legal entity under public law.
2. German law shall apply exclusively.

§13 Final Provisions

1. These terms also apply to legal successors.
2. If any provision is invalid, the remainder shall remain unaffected. The invalid provision shall be replaced by a valid one closest to the intended economic purpose.