General Terms and Conditions

myInterface is a service of nextgenbrand SLU
As of: 1 November 2026

Part A · General Provisions

§ 1 Provider and scope

The provider is nextgenbrand SLU, C/ Santa Margalida 2, 07570 Artà (Illes Balears), Spain, NIF B88794565, registered in the Registro Mercantil de Palma de Mallorca, Hoja PM-107378, represented by its sole director (Administrador único) Benjamin Alexander Kopka (“nextgenbrand”). The brand myInterface (myinterface.io) is a service of nextgenbrand. The contracting party is always nextgenbrand SLU.
These Terms apply to all contracts for services provided by nextgenbrand. They consist of Part A (applies to all services) and Part B (modules for each type of service). Part B takes precedence over Part A where it contains a specific provision.
nextgenbrand concludes contracts exclusively with entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law (“Customer”). By placing the order, the Customer confirms that it is acting in the exercise of its commercial or independent professional activity.
The Customer’s general terms and conditions do not apply, even if nextgenbrand does not expressly object to them or provides services in the knowledge of them.
Order of precedence in case of conflict: (1) individual agreements, in particular the signed quote, (2) separate contracts (e.g. agreement on performance-based remuneration, data processing agreement), (3) Part B of these Terms, (4) Part A of these Terms, (5) statutory provisions.

§ 2 Conclusion of contract

Quotes from nextgenbrand are non-binding and valid for the period stated in them.
The contract is concluded when the Customer signs the quote or accepts it in text form (e.g. by email), or when nextgenbrand starts performance at the Customer’s request.
Each quote refers to these Terms in the version valid at the time of the quote. The Terms can be accessed and saved at myinterface.io/agb.

§ 3 Services and way of working

The type and scope of services result from the quote. nextgenbrand does not owe services that are not stated there.
nextgenbrand owes a specific economic result (e.g. revenue, reach, rankings, leads) only if this is expressly agreed as a result. Forecasts and target values are not a guarantee.
nextgenbrand determines the methods, tools and process of performance itself, unless otherwise agreed.
nextgenbrand may use suitable subcontractors and partners (e.g. print shops, photographers, developers). nextgenbrand remains responsible to the Customer for these services insofar as they are commissioned in nextgenbrand’s own name (§ 6).
Changes to the scope of services after conclusion of the contract require text form. The Customer pays for additional work caused by change requests according to a separate quote.

§ 4 Customer cooperation and approvals

The Customer provides in good time all information, content, access and contact persons required for the service. The Customer ensures that it holds the necessary rights to materials it supplies (texts, images, logos, data).
If the service is delayed because the Customer does not cooperate, deadlines are postponed accordingly. Any additional work arising from this is paid for separately.
nextgenbrand submits drafts, content plans and interim results to the Customer for approval. If the Customer does not respond within 5 business days, nextgenbrand reminds the Customer once in text form. If the Customer still does not respond within 2 business days after that, the submission is deemed approved. nextgenbrand points out this consequence in the reminder.
The Customer is responsible for the legal admissibility of content that it approves or specifies. This includes in particular advertising claims, product information (e.g. health or efficacy claims), price information and mandatory information. nextgenbrand owes a legal review (competition, trademark, therapeutic products advertising or food law) only if expressly commissioned. nextgenbrand points out any concerns it identifies.
Business days within the meaning of these Terms are Monday to Friday, excluding public holidays in Bavaria and the Balearic Islands.

§ 5 Remuneration, taxes and payment

The remuneration agreed in the quote applies. All prices are net prices.
VAT. If the Customer has its registered office in an EU member state other than Spain, nextgenbrand invoices without IVA (Spanish VAT) under the reverse charge procedure; the tax is owed by the Customer. This requires a valid VAT identification number confirmed in the VIES system, which the Customer provides before the first invoice. If it is missing or invalid, nextgenbrand charges IVA at the statutory rate. Customers with their registered office in Spain receive invoices with IVA. The Customer notifies changes to its tax data without undue delay.
Projects (one-off services): 50 % of the remuneration is due on placing the order, 50 % on delivery of the project. Delivery is the handover for acceptance (§ 11) or, for services without acceptance, the provision of the result. nextgenbrand starts work after receipt of the first payment.
Ongoing services (support, retainer, operation) are invoiced monthly in advance, unless the quote states otherwise. Services agreed on an hourly basis are invoiced after the end of the month on the basis of the documented hours.
Invoices are due without deduction within 14 days of receipt. Invoices are sent electronically.
In case of late payment, the statutory default interest (§ 288 para. 2 BGB, German Civil Code, currently 9 percentage points above the base rate) and the flat-rate default fee of 40 euros (§ 288 para. 5 BGB) apply. If the Customer is more than 14 days in default, nextgenbrand may, after prior notice in text form, withhold further services, including the operation of interfaces and hosting, until the outstanding amounts have been paid. Agreed deadlines are postponed accordingly.
The Customer may only set off undisputed claims or claims established by final judgment.
For contracts with a term of more than 12 months, nextgenbrand may adjust the ongoing remuneration once per year. nextgenbrand announces the adjustment at least 2 months in advance in text form. If the remuneration increases by more than 5 %, the Customer may terminate the contract with effect from the date of the adjustment.
Performance-based remuneration (share in the uplift) applies only if agreed in a separate contract. These Terms apply in addition to it.

§ 6 Third-party services, media budget and travel costs

Third-party services are services provided by third parties, e.g. printing, production, advertising budget on platforms (Google, Meta, LinkedIn and others), licences for images, fonts or software, domains and third-party services.
nextgenbrand shows third-party services separately in the quote. If nextgenbrand commissions them in its own name, nextgenbrand may charge a mark-up. Whether a mark-up applies and its amount are stated in the quote. If the quote does not state this, third-party services are passed on at purchase price.
The Customer pays advertising budget directly to the platform, e.g. via its own advertising account with a stored payment method. If nextgenbrand advances advertising budget, it must be paid in advance.
nextgenbrand is not responsible for decisions by platforms (e.g. rejection of ads, suspension of accounts, changes to algorithms, prices or terms of use), unless nextgenbrand caused them through a breach of duty. The platform accounts belong to the Customer.
For third-party services that nextgenbrand arranges on behalf of the Customer or that the Customer orders directly from the third party, the contract is concluded between the Customer and the third party. In that case nextgenbrand is only liable for careful selection and passing on of the specifications.
Travel outside Mallorca and travel and accommodation costs are only charged after prior agreement and against proof.

§ 7 Term and termination

Projects end with the complete performance of the agreed service.
Ongoing services have the minimum term agreed in the quote, usually 6 to 12 months. Ordinary termination is excluded during the minimum term.
After the minimum term, the contract is extended by 3 months each time unless it is terminated with 1 month’s notice to the end of the term. The quote may provide for different rules, such as monthly termination.
The right to extraordinary termination for good cause remains unaffected. Good cause for nextgenbrand exists in particular if the Customer is in default with two monthly payments or if insolvency proceedings are applied for over its assets.
Notices of termination require text form.
If the Customer terminates a project before completion without nextgenbrand having given cause for this, nextgenbrand retains its claim to remuneration under § 648 BGB (termination of a contract for work by the customer). Saved expenses are deducted. Services already performed are handed over as soon as they have been paid for.
After the end of the contract, nextgenbrand hands over access, data and results to which the Customer is entitled within 14 days, provided all amounts due have been paid. Platform accounts in the Customer’s name remain with the Customer in any case.

§ 8 Rights of use

Work results. For the work results that nextgenbrand creates individually for the Customer and that the Customer has accepted or approved (e.g. logos, designs, texts, photos, videos, websites, individual source code), the Customer receives the exclusive, transferable right of use, unlimited in time and territory, for all known types of use, including the right to edit and sublicense.
Timing. The rights pass upon full payment of the remuneration for the respective service. Until then, the Customer may use the results on a revocable basis, e.g. to put a website or interface into operation. This permission ends automatically if the Customer is more than 30 days in default of payment.
Proven building blocks. nextgenbrand uses its own reusable building blocks that were not created specifically for the Customer. These include code libraries, interface frameworks (e.g. connections to DATEV, Shopware, JTL), templates, tools and know-how. For these building blocks, the Customer receives a non-exclusive, irrevocable right of use, unlimited in time, to the extent it needs them for the respective work result. The Customer may edit and operate them within that result, have them maintained by third parties and transfer them together with the work result. nextgenbrand remains the owner of the building blocks and may continue to use them for other customers. Confidential information and data of the Customer are never included.
Open source and third-party material. Open source software, stock images, fonts and other third-party materials are subject to the licence terms of their owners. nextgenbrand names the main third-party components used on request and when handing over source code.
Source code. If source code is part of the service, nextgenbrand hands it over after full payment, e.g. by transferring a repository, together with brief technical documentation.
Drafts. Drafts, variants and raw data not selected (e.g. unedited photo and video files, open working files) remain with nextgenbrand unless the quote states otherwise.
Attribution. nextgenbrand waives attribution as author in the work results. An unobtrusive note such as “Implementation: nextgenbrand” in the legal notice or footer of a website is permitted unless the Customer objects.

§ 9 References

nextgenbrand may use the Customer’s name and logo and the work results created for the Customer as a reference after their publication, e.g. on its own website, on social media and in presentations.
nextgenbrand uses confidential information, internal figures and results not yet published only with the Customer’s consent in text form.
The Customer may object to use as a reference at any time in text form. nextgenbrand then removes the reference from its own channels within a reasonable period. Materials already printed do not have to be destroyed.

§ 10 Use of artificial intelligence

nextgenbrand uses AI tools in a targeted way, e.g. for research, drafts, images, texts and programming. The tools work under the control of trained developers, designers and marketers of nextgenbrand. Every result is checked by a human before it goes to the Customer.
Data. For Customer data, nextgenbrand only uses AI services on business plans whose providers are contractually bound not to use inputs to train their own models. nextgenbrand only passes personal data to AI services that are named as sub-processors in the data processing agreement. If the Customer wishes to exclude the use of AI for certain data or services, this is recorded in the quote.
Rights. Under current law, purely AI-generated content is in some cases not protected by copyright. nextgenbrand cannot grant exclusive rights to such components; third parties could generate similar content. nextgenbrand transfers all rights arising in the results in accordance with § 8. For logos, word marks and other signs that the Customer wishes to protect exclusively, nextgenbrand uses AI only as an aid; the final design is done by humans.
Labelling. nextgenbrand informs the Customer if images, videos or audio are substantially AI-generated. If the Customer publishes content that must be labelled under the AI Regulation (EU) 2024/1689 (EU AI Act) (in particular realistic-looking artificially generated images, videos or voices of persons, places or events), the Customer, as publisher, ensures the labelling. nextgenbrand proposes suitable labelling.
nextgenbrand checks AI results with the same care that applies to its own work, in particular for recognisable infringements of rights and factual errors. The same rules on defects and liability apply to AI-assisted results as to all other services.

§ 11 Acceptance

The Customer accepts work performances (contract for work) (e.g. websites, software, interfaces, logos, print templates). Partial services that are self-contained can be accepted individually.
After delivery, the Customer checks the result within 10 business days and declares acceptance or names specific material defects in text form. Immaterial defects do not entitle the Customer to refuse acceptance; they are remedied under § 12.
The result is deemed accepted if the Customer does not refuse acceptance within the period under paragraph 2, stating at least one defect. It is also deemed accepted as soon as the Customer uses it productively, e.g. publishes a website, uses an interface in live operation or sends print data to production. nextgenbrand points out these consequences on delivery.
The Customer checks print approvals with particular care. Errors that were recognisable at the time of approval (e.g. typos, wrong prices, dimensions, colour specifications) are borne by the Customer after approval.

§ 12 Defects

In the event of defects in work performances, nextgenbrand first has the right, at its own choice, to remedy the defect or to deliver anew. If supplementary performance fails twice, the Customer may reduce the price or withdraw from the contract. Damages are governed by § 13.
The Customer reports defects in text form with a comprehensible description (e.g. screenshot, steps to reproduce, data affected).
Claims for defects become time-barred 12 months after acceptance. This does not apply in the cases of § 13 paragraph 1; the statutory periods apply there.
There is no defect if a deviation results from the fact that (a) the Customer or third parties have changed the result without nextgenbrand’s consent, (b) third-party systems were changed after acceptance, e.g. interfaces, updates to platforms, browsers, plugins or operating systems, (c) the Customer provided specifications, data or system environments that were faulty or different from what was described, or (d) the result is used contrary to the documentation.
For services (e.g. consulting, social media support, campaign management) there is no acceptance and there are no rights for defects within the meaning of the law on contracts for work. If a service is faulty, nextgenbrand performs it again at no extra cost within a reasonable period upon notice from the Customer.

§ 13 Liability

nextgenbrand is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz), for fraudulently concealed defects and to the extent of any guarantee given.
In the case of slight negligence, nextgenbrand is only liable for breach of an essential contractual obligation. This is an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the Customer may regularly rely. Liability is then limited to the damage typical for the contract and foreseeable at the time of conclusion of the contract.
In the cases of paragraph 2, liability per claim is also limited to the net remuneration of the order concerned, for ongoing services to the net remuneration of the last 12 months before the claim, but at least to 10,000 euros.
Data loss. In the cases of paragraph 2, nextgenbrand is only liable for the loss of data in the amount of the effort that would have been required for recovery if the Customer had backed up its data regularly and in a manner appropriate to the risk. The Customer backs up its data in its own systems itself, unless data backup is expressly part of the service.
Otherwise, liability for slight negligence is excluded.
Claims for damages under paragraphs 2 to 4 become time-barred 12 months from the time at which the Customer became aware, or should have become aware without gross negligence, of the damage and of nextgenbrand as the debtor.
These rules also apply to the personal liability of nextgenbrand’s employees, freelancers, subcontractors and officers.
If a third party asserts claims against nextgenbrand due to materials or specifications that the Customer supplied or approved (§ 4), the Customer indemnifies nextgenbrand against them, including reasonable costs of legal defence, unless the Customer is not responsible for the infringement.

§ 14 Data protection

If nextgenbrand processes personal data on behalf of the Customer (e.g. customer data in interfaces, newsletter lists, leads, website forms), the parties conclude a data processing agreement (Art. 28 GDPR). The data processing agreement names all sub-processors, including hosting (Hetzner Online GmbH, data centres in Germany) and AI services used.
The Customer, as controller, remains responsible for the lawfulness of processing vis-à-vis the data subjects, e.g. for consents, privacy policy and cookie banner on its website. nextgenbrand only owes the drafting of such texts if commissioned.

§ 15 Confidentiality

Both parties treat as confidential all non-public information of the other party that they receive in the course of the cooperation, in particular business figures, customer data, strategies, access data and source code. The obligation applies for 3 years beyond the end of the contract, and without time limit for access data and trade secrets.
The obligation does not apply to information that is or becomes publicly known without fault of the receiving party, that was already known to it, or that it must disclose due to a statutory or official obligation.
nextgenbrand obliges employees, freelancers and subcontractors to confidentiality to the same extent.
nextgenbrand stores access data handed over by the Customer in an encrypted password manager. The Customer changes them after the end of the contract.

§ 16 Force majeure

Events for which nextgenbrand is not responsible and which make performance substantially more difficult or impossible (e.g. natural disasters, strikes, pandemics, official orders, large-scale outages of data centres, platforms or telecommunications networks) extend agreed deadlines by the duration of the impediment plus a reasonable start-up period. If the impediment lasts longer than 2 months, either party may terminate the affected part of the contract.

§ 17 Final provisions

Law. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). This also applies to Customers with their registered office in Spain or other countries.
Place of jurisdiction. The exclusive place of jurisdiction for all disputes arising from and in connection with the contract is Munich. nextgenbrand may also sue the Customer at its general place of jurisdiction.
Language. These Terms are available in German, Spanish and English. The German version is authoritative.
Changes to the Terms. nextgenbrand may amend these Terms for ongoing contracts with effect for the future if there is an objective reason (e.g. changes in law, new services). nextgenbrand notifies the changes in text form at least 6 weeks before they take effect. If the Customer does not object within 4 weeks of receipt, they are deemed accepted; nextgenbrand points this out in the notification. If the Customer objects, the previous Terms continue to apply. Changes to the main services and prices by this route are excluded.
Form. Declarations relating to the contract require at least text form (e.g. email), unless these Terms state otherwise. Messenger messages (e.g. WhatsApp) suffice for day-to-day coordination, but not for terminations and contract amendments.
Assignment. The Customer may only transfer rights under the contract to third parties with nextgenbrand’s consent in text form. § 354a HGB (German Commercial Code; assignment of monetary claims) remains unaffected.

Part B · Modules

B1 Websites, shops and software

The creation of websites, shops and software is a work performance. The scope of services and supported browsers and devices result from the quote.
nextgenbrand prefers to use open technologies so that the Customer is not tied to nextgenbrand. With the handover of the source code (§ 8 paragraph 5), any qualified service provider can develop the website further.
Hosting, maintenance, security updates and backups after acceptance are only included if the quote names them. Without a maintenance contract, the Customer is itself responsible for updates of systems, plugins and themes.
Legal texts (legal notice, privacy policy, terms and conditions, cookie settings) are supplied by the Customer or a service provider commissioned by it. nextgenbrand integrates them technically.
nextgenbrand only owes accessibility under the Barrierefreiheitsstärkungsgesetz (BFSG, German Accessibility Strengthening Act) or comparable standards if it is agreed as a requirement in the quote. nextgenbrand informs the Customer before the start of the project if its website clearly falls under the BFSG.

B2 myInterface: interfaces and operation

Interface check. The free check is a non-binding initial assessment. It does not create any obligation to place an order. A binding fixed price only arises with the quote following the check.
Development. The development of an interface is a work performance at a fixed price. The fixed price applies to the data scope described in the quote (systems, data objects, direction, frequency). Extensions are quoted separately.
Cooperation. The Customer provides the necessary access in good time: API keys, test environments or test clients, sample data and a functional contact person. The Customer bears the costs of the connected systems (e.g. licences, API fees, marketplace fees of the providers).
Testing and parallel operation. Before live operation, the Customer tests the interface with its own data. During the first 4 weeks of live operation, the Customer carries out spot checks to verify that the transferred data arrives correctly in the target systems. For accounting and tax data (e.g. DATEV, Lexware Office), the Customer, together with its tax adviser, remains responsible for the substantive accuracy of the bookkeeping; the interface transfers data, it does not check it for tax purposes.
Third-party systems. The connected systems belong to third parties. nextgenbrand has no influence on their availability and changes. If a provider changes its interface, this is not a defect of the interface (§ 12 paragraph 4). nextgenbrand offers the necessary adjustment at a fixed price, unless it is included in the operation.
Operation. Operation includes hosting in Germany (Hetzner Online GmbH), monitoring of data transfer, alerts in case of errors and notice of announced changes to the connected systems. Further services result from the quote.
Response time. nextgenbrand responds to error reports on business days usually within 24 hours, at the latest within 48 hours. Response means: the report has been checked and the Customer knows what happens next. nextgenbrand only gives a commitment on the time to resolve or on availability in percent if separately agreed.
Term of operation. Operation can be terminated monthly to the end of the month, unless the quote provides otherwise. § 7 paragraphs 2 and 3 do not apply in this respect.
Data. The interface only stores data that is necessary for the transfer, and only for as long as is necessary for troubleshooting and retries. The storage period is governed by the data processing agreement.
Operation at the Customer’s premises. On request, the interface runs on a server of the Customer. The Customer is then responsible for the availability, security and backups of this server.
End. If operation ends, nextgenbrand hands over the source code and installation instructions on request (§ 8 paragraph 5) and deletes the Customer’s stored data after 30 days, unless there is a statutory retention obligation.

Updated: 11/1/2026