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Contract templates currently German only

Software Development Agreement

From the specification to the source-code handover — the complete framework for custom software development.

DE
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The software development agreement governs the commissioning of custom software development — an app, a web application or bespoke software. You choose between a fixed price (a contract for work with milestones and formal acceptance under § 640 BGB) and time and material (fee based on effort with agile sprints). Since § 69b of the German Copyright Act only applies to employed programmers, the contract expressly regulates the grant of rights to the source code — including an open-source disclosure duty and a note on a data-processing agreement (DPA) when personal data is processed.

from 55 credits · available in DE
Software Development Agreement — example image
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  • GDPR-compliant
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Software development.pdf
SOFTWARE DEVELOPMENT AGREEMENT
between [Client] and [Contractor]
§ 1 Project & specification
§ 2 Remuneration — fixed price / time and material
§ 3 Acceptance (§ 640 BGB) — § 4 Source code & grant of rights
§ 5 Open-source disclosure — § 6 Liability & choice of law
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What's in this template

Numbers from the actual definition — not marketing slides.

Clauses
31
21 conditional (only fire for your use case)
Clause variants
0
Wizard fields
37
11 sections · 7 required
Quality checks
8
Live warnings against risky configurations
Legal basis citations
8
Statutes / rulings tied to each clause

What the contract contains

  • Project description with reference to the specification (annex)
  • Remuneration-model switch: fixed price with milestones or time and material with an hourly rate/cap
  • Acceptance procedure with a deemed-acceptance rule under § 640 para. 2 BGB (for a fixed price)
  • Explicit grant of rights to the source code (§ 69b of the German Copyright Act does not apply to freelance contractors)
  • Source-code handover at the end of the project
  • Open-source/third-party disclosure duty (copyleft/GPL risks)
  • Hosting/deployment responsibility
  • Limitation of liability and a note on a data-processing agreement (DPA) under Art. 28 GDPR

Optional additional clauses

  • Arbitration clause
  • Force majeure
  • Prohibition on assignment
  • Multiple counterparts / electronic signature
  • Form of notices

When you need this contract

  • Commissioning app, web or bespoke software development
  • Fixed-price projects with a clearly delimited specification
  • Agile development based on effort (time and material) with sprints
  • Projects requiring a clear source-code/IP transfer

Who it is for: Companies and start-ups commissioning an app, web application or bespoke software from a freelance developer or a software agency.

AI text assistance in the wizard

For complex fields such as the scope of services or the purpose, you can request a suggestion via the sparkle button — the suggestion stays editable before it enters the contract.

Direct lawyer handover

Once created, you can hand the contract to a suitable lawyer from our network with one click — including full text and metadata.

Legal notice

For project volumes of around EUR 50,000 or more, multi-stage acceptance structures, or the use of copyleft-licensed open-source components, we recommend a subsequent review by an IT lawyer of your choice.

Our templates are ready-made documents that you adapt to your case. They are not legal advice and do not replace a review by a lawyer; we give no guarantee of correctness, completeness or up-to-dateness. Use is at your own responsibility.

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