Terms governing ForePath websites and consulting services under German and European Union law.
Last updated: September 9, 2026
IPvX UG (haftungsbeschränkt)
Leopoldstraße 2-8
32051 Herford
Nordrhein-Westfalen, Germany
Commercial Register Number: HRB 18977
Register Court: Amtsgericht Bad Oeynhausen
Represented by: Marcel Menk
These Terms of Service ("Terms") apply to all contracts and legal relationships between IPvX UG (haftungsbeschränkt) ("we", "us") and you regarding the ForePath websites (including forepath.io and related pages we operate under the ForePath brand), consulting and professional services we provide under the ForePath brand, and related online content, contact forms, and informational materials, unless expressly agreed otherwise in writing (including individual enterprise agreements or separate statements of work). Separate product terms apply to Agenstra, Decabill, and other ForePath One software products and are published on the respective product websites.
"Consumer" means any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (Section 13 of the German Civil Code, Bürgerliches Gesetzbuch - BGB). "Entrepreneur" means a natural or legal person or a partnership with legal personality who or which acts in exercise of their trade, business, or profession when entering into a legal transaction (Section 14 BGB).
Conflicting or deviating terms of you shall not apply unless we have expressly agreed to their validity in writing. Individual agreements take precedence over these Terms (Section 305b BGB).
We offer (a) publicly accessible websites and online content under the ForePath brand for information, marketing, and communication, (b) consulting and professional services such as architecture advice, platform engineering support, training, workshops, assessments, and related project work as described in a written offer, statement of work, or order form, and (c) ancillary services such as onboarding support or custom deliverables agreed separately.
Descriptions on our websites, in demos, or in marketing materials are informational unless expressly incorporated into a written offer or order. Scope, deliverables, timelines, fees, and acceptance criteria for consulting engagements are as set out in the applicable order or statement of work.
Features, limits, support channels, and eligibility criteria for specific offerings are as described on our website or in your order at the time of conclusion unless otherwise agreed in writing.
Presentations on our website, in demos, or in marketing materials constitute an invitation to treat (invitatio ad offerendum) and not a binding offer under Sections 145, 146 BGB, unless explicitly marked as binding. A contract for consulting or professional services is formed when we accept your order, when you accept our written or electronic offer, or when we begin performing the agreed services with your consent, whichever occurs first.
For consumers and distance contracts, we comply with the statutory information duties under the BGB and the EU Directives implemented therein (including Articles 246a, 246b, 246c Einführungsgesetz zum BGB - EGBGB as applicable). You will receive confirmation of the contract on a durable medium where required by law.
You are responsible for the accuracy of contact and billing data you provide. Mere use of our public websites does not by itself create a paid services contract.
Prices are as stated in the order, checkout flow, or written offer, in euros unless otherwise specified. Statutory value-added tax (Umsatzsteuer) or other applicable taxes are added where required by law.
Payment methods may include payment cards, bank transfer (e.g., against invoice or purchase order), and other means we communicate in the offer or at checkout. Fees for consulting and professional services are due as agreed in the order, typically upon invoice or according to milestones, unless agreed otherwise.
If you default on payment, we may charge statutory default interest (Section 288 BGB) and suspend or terminate services in accordance with law and these Terms. Offsetting against our claims is permitted only with undisputed or legally established counterclaims.
If you are a Consumer and the contract is a distance or off-premises contract, you generally have a right of withdrawal of fourteen (14) days without giving any reason, in accordance with Sections 355 et seq. BGB and Directive 2011/83/EU (Consumer Rights Directive) as transposed into German law.
For contracts concerning services, the right of withdrawal may expire if we have begun performance with your prior express consent and you have acknowledged that you thereby lose your right of withdrawal once performance has been fully completed (Section 356(4) BGB). Similar consequences may apply where you request immediate commencement of a service. We will provide the statutory withdrawal information and, where required, a model withdrawal form in a durable medium before or at contract conclusion.
Entrepreneurs are not entitled to a statutory withdrawal right unless individually agreed.
You may access and use our public websites for lawful informational and communication purposes. You must not disrupt the websites, attempt unauthorized access to our systems, scrape or overload infrastructure without authorization, or misuse contact and reporting forms.
Content on the websites is provided for general information. It does not constitute legal, tax, or other professional advice unless we expressly agree otherwise in a consulting engagement.
We may modify, suspend, or discontinue website features for technical, security, or legal reasons. We do not guarantee uninterrupted availability of public websites unless expressly agreed in writing.
Consulting and professional services are provided with reasonable professional care according to the agreed scope. Unless expressly agreed otherwise in writing, advice and deliverables are recommendations and work product for your internal use; you remain responsible for decisions you take and for implementing recommendations in your environment.
You will provide timely access to information, systems, and personnel reasonably required for performance. Delays or incomplete information on your side may affect timelines and fees as set out in the order or under statutory rules.
Where we create work product under an engagement, we grant you the rights of use required for the intended contractual purpose unless the order states a different license. We retain our pre-existing tools, methods, know-how, and materials.
Support channels (e.g., email, telephone, chat, or Microsoft Teams) and response targets depend on the purchased engagement or enterprise agreement. Any uptime percentage or SLA applies only if and as expressly agreed in writing; otherwise statutory remedies remain unaffected.
Professional services such as onboarding, training, customization, or development are provided on the basis of separate written specifications, statements of work, or order forms. Unless agreed otherwise, we grant you the rights of use to deliverables as required for the intended use under the contract.
Credits or fee reductions for SLA failures, if any, are governed solely by the applicable SLA exhibit.
You will use ForePath websites and related services only in compliance with applicable law, including export control and sanctions where relevant. You must not misuse the services (e.g., to distribute malware, infringe third-party rights, submit false reports, or overload systems without authorization).
You are obliged to keep access credentials confidential where provided, to inform us without undue delay of security incidents that may affect our systems, and to cooperate reasonably in troubleshooting.
We may take proportionate countermeasures, including suspension of access, if you materially breach these obligations or if continued provision would expose us to undue legal or security risk.
We may update website content, tools, and service descriptions for technical, security, legal, or business reasons. Material changes to an ongoing consulting engagement require agreement or follow the change process in your order.
We may modify public website features if the overall purpose of informational access remains substantially preserved. Material adverse changes to paid services will be communicated with reasonable notice where required by law; your statutory rights remain unaffected.
Preview or experimental website features may be offered "as is" without warranty of any particular fitness until generally released.
We or our licensors retain all rights to ForePath websites, brands, materials, and service methodologies not expressly granted to you. The provisions of the German Act on Copyright and Related Rights (Urheberrechtsgesetz - UrhG) and EU copyright law remain unaffected.
Our websites and deliverables may include third-party components, references, or open-source software under their respective licenses. Corresponding notices are supplied where required.
Feedback you provide may be used by us without restriction or royalty, subject to applicable personal data rules.
Processing of personal data in connection with our websites and contractual relationship is described in our Privacy Policy. That policy explains categories of data, purposes, legal bases under the GDPR (including Art. 6 and, where relevant, Art. 28 GDPR for processing on your instructions), retention, and your data subject rights under Chapter III GDPR. In case of conflict between these Terms and the Privacy Policy on data-protection matters, the Privacy Policy prevails.
For contracts with Consumers, statutory rights regarding defects in services (including the remedies under the BGB) apply without restriction, except where mandatory law permits limitation. For Entrepreneurs, warranty for defects is governed by Sections 434 et seq. BGB and related provisions unless stricter individual agreements exist.
We are liable without limitation for intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit), for injury to life, body, or health, under the German Product Liability Act (Produkthaftungsgesetz - ProdHaftG) where applicable, and under a guarantee (Garantie) if assumed. For simple negligence we are liable only for breach of material contractual obligations (Kardinalpflichten), limited to typical, foreseeable damage, except in the cases in the preceding sentence. The above does not imply a reversal of the burden of proof to your disadvantage.
Any further exclusion or limitation of liability must be measured against Sections 307 et seq. BGB (including transparency control and content control for standard terms, Section 309 BGB for Consumers). Invalid provisions are replaced by the statutory rule closest in economic purpose.
Consulting and professional service engagements run for the term or until completion of the scope selected in the order. Recurring or retainer arrangements renew as stated in your order unless terminated with the notice period set out there or, if none is stated, with fourteen (14) days' notice to the end of the current period.
Either party may terminate for cause (außerordentliche Kündigung) where good cause exists under Section 314 BGB or applicable special provisions. Good cause for us includes persistent payment default, serious acceptable-use violations, or legally required shutdown.
Upon termination, your right to receive further unpaid services under the affected engagement ceases. Sections that by nature should survive (e.g., liability, confidentiality, intellectual property, applicable law) remain in effect.
We may update these Terms to reflect legal requirements, technical developments, or changed service scope. For Consumers, amendments during an ongoing contract require consent unless the change is exclusively to your benefit, is purely ancillary, or is required by law with no disadvantage to you (Section 305c(2) BGB in conjunction with transparency requirements under Sections 307 et seq. BGB).
For Entrepreneurs, we may notify you of amended Terms with reasonable notice. If you do not object within the stated period, the amendments may be deemed accepted where legally permissible; we will highlight this consequence in the notice. Your statutory rights, including termination rights, remain unaffected.
These Terms and the contractual relationship are governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protections of the state in which you habitually reside remain unaffected (Article 6(2) of Regulation (EU) No 593/2008 - Rome I).
If you are a merchant (Kaufmann) within the meaning of the German Commercial Code (Handelsgesetzbuch - HGB), a legal entity under public law, or a special fund (öffentlich-rechtliches Sondervermögen), the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is our registered seat, where permissible. We remain free to bring action at your general place of jurisdiction.
We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle) within the meaning of the German Act on Alternative Dispute Resolution in Consumer Matters (Verbraucherstreitbeilegungsgesetz - VSBG), unless we are required to state a different participation status under mandatory law.
Should individual provisions of these Terms be or become invalid or unenforceable, the remaining provisions shall remain in effect. The invalid or unenforceable provision shall be replaced by a valid provision that comes closest to the economic purpose of the original, to the extent permitted by law (including Sections 306, 307 BGB for standard terms).
If you need clarification on websites, consulting engagements, or contractual conditions, please contact us using the details above.