1. Scope of Application
The UnternehmerTUM Incubator (hereinafter "UnternehmerTUM Incubator" or the “Program”) offers a range of pre-incubation formats and services for early-stage technology founders and individual Participants.
These General Terms and Conditions (“T&Cs”) govern participation in the UnternehmerTUM Incubator and the provision of the free-of-charge services offered therein by UnternehmerTUM GmbH (“UnternehmerTUM”).
The T&Cs apply to all teams and individuals accepted into the Program (the “Participants”). By applying for admission to or acceptance into the UnternehmerTUM Incubator, Participants agree to these T&Cs. The current version is available on the UnternehmerTUM Incubator website and can be downloaded and printed.
2. Scope and Allocation of Free of Charge Services
2.1 The UnternehmerTUM Incubator offers a structured development environment for early-stage and growth-stage teams. Through two dedicated program tracks, founders receive hands-on support across the critical phases of company building — from sharpening the core technology and defining a market-ready value proposition, to developing go-to-market strategies, establishing pilot customer collaborations, and preparing for funding (the “Services”).
Beyond strategic and operational guidance, participants benefit from pitch training, access to a curated network of experts, mentors, and investors, as well as ongoing peer exchange within the Program and the wider UnternehmerTUM ecosystem. The Services are free-of-charge.
2.2 The exact set of Services to be provided to each Participant is determined as part of the application process together with the UnternehmerTUM Incubator team based on the specific needs of the Participant.
2.3 Allocation, scheduling and delivery of Services are at UnternehmerTUM’s reasonable discretion, taking into account the Participant’s needs, Program objectives, and capacity constraints. No entitlement exists to specific mentors, sessions, time slots, or delivery formats; UnternehmerTUM Incubator may substitute equivalent Services where appropriate.
2.4 The Services provided in the UnternehmerTUM Incubator are advisory and educational in nature, without any binding effect on the Participant. The Participant is free to accept and/or reject such advice offered, shall exercise due diligence and caution in receiving such advice, and remains solely responsible for exercising informed and independent judgment in accepting and/or rejecting any such advice.
2.5 UnternehmerTUM may involve third-party providers, external websites or resources. These are provided for convenience and information purposes only. UnternehmerTUM is not responsible for the accuracy or content of these external sites. Their terms may apply to the extent communicated.
3. Participation Conditions
3.1 For the entire duration of the participation in the Program, Participants shall:
- Attend and actively participate in all mandatory sessions as set out in the Program Calendar (including, where applicable, preparation for and participation in the Demo Day);
- Make best efforts to use available training, coaching and networking offerings to progress their project;
- Set goals and milestones together with the UnternehmerTUM Incubator team and regularly review progress and achievements;
- Provide regular information on the status, progress, and success of the startup project to the UnternehmerTUM Incubator team;
- Promptly inform the UnternehmerTUM Incubator team of material changes (e.g., team composition, project focus, availability) that may affect participation;
- Collaborate respectfully with other Participants, mentors and UnternehmerTUM Incubator partners;
- Be open to actively exchange and share knowledge with other Participants;
- Provide regular feedback to the UnternehmerTUM Incubator team regarding the Services.
3.2 In case of on-site Program activities, UnternehmerTUM may provide internet for the Participants. The Participant is solely responsible for actions in the context of internet usage. When retrieving, storing, transmitting, distributing and displaying certain content, they are subject to legal restrictions, in particular copyright restrictions. The Participant shall ensure that they observe the statutory provisions and in particular to refrain from unlawfully copying, distributing or downloading copyrighted material. The Participant shall indemnify UnternehmerTUM in case of claims being asserted against the UnternehmerTUM by third parties due to a breach of the above provision or statutory provisions, in particular – without being limited to – violations of copyright and/or personal data protection laws (GDPR).
3.3 Participants shall comply with all policies as made available by UnternehmerTUM Incubator (including UnternehmerTUM AI Guidelines, Garching or Colab house rules, data protection and safety policies) and with applicable laws and third-party rights. Participants remain responsible for any content they submit or generate and shall not upload or disclose personal data or confidential information of third parties without a valid legal basis or authorisation. UnternehmerTUM Incubator may update Program policies from time to time; material changes will be communicated, and continued participation after notice constitutes acceptance. In case of questions regarding the use of AI tools, Participants shall consult the UnternehmerTUM Incubator team before applying such tools to Program work.
3.4 Repeated or material breaches of this Section 3 or the Program policies may result in (i) warnings, (ii) temporary suspension from sessions, or (iii) exclusion from the Program, each taking into account proportionality and after prior notice where reasonable.
3.5 Participants may use the official UnternehmerTUM Incubator branding to acknowledge their participation. UnternehmerTUM Incubator grants a non-exclusive, non-transferable, revocable licence to use the UnternehmerTUM Incubator name and logos solely to identify participation in the Program and in accordance with the brand guidelines provided by UnternehmerTUM Incubator. UnternehmerTUM Incubator may revoke the licence at any time for good cause.
3.6 For alumni engagement and impact reporting, UnternehmerTUM may typically contact Participants once per year; Participants may opt out at any time.
4. Intellectual Property Rights
4.1 The Participant keeps ownership of any know-how and intellectual property rights related to their business idea and any developments or results made during their time in the Program (the “IPR”). IPR includes inventions, software, designs, trademarks, copyrights, databases, and patents. Nothing in these T&Cs transfers ownership of Participant IP to UnternehmerTUM or any mentor involved in the Services.
4.2 Notwithstanding the aforementioned, in cases where individual Participants teaming up and supporting a participating founder team that is supported by the UnternehmerTUM Incubator, any intellectual property developed jointly or in direct collaboration with that founder team shall be deemed to benefit the founder team. The transfer of ownership of such IPR shall be subject to a separate written agreement entered into between the individual Participant and the founder team, governing such transfer or assignment of rights. The individual Participant and the founder team are in charge of entering into such an agreement.
4.3 The Participant agrees to inform the UnternehmerTUM Incubator team about any existing IPR they have before starting the Program and any IPR they develop during the Program. They give the UnternehmerTUM Incubator team permission to use these IPR to the extent necessary to deliver the Services.
4.4 The Participant is in charge of protecting their IPR. The UnternehmerTUM Incubator team or mentors might offer non-binding guidance on how to do this, but do not provide legal advice. The Participant is ultimately responsible.
4.5 Public disclosures (including Demo Day) may affect the novelty of inventions; the Participant is responsible for managing timing and content of any disclosures.
4.6 If the Participant’s business idea/project involves working with others or using their IPR, the Participant is responsible for attaining permission and the necessary rights.
4.7 UnternehmerTUM Incubator materials and resources are provided for the personal use of Participants in developing their business ideas/projects. Unauthorized reproduction, distribution, or use of these materials for commercial purposes is prohibited.
5. Confidentiality
5.1 “Confidential Information” includes, but is not limited to, business ideas, strategies, operational data (e.g., of a technical or business nature), operating methods, technical processes, including prototypes, as well as all other data or information, including templates from UnternehmerTUM, that are disclosed by Participants, the UnternehmerTUM Incubator team, or mentors during participation in the Program.
Trade secrets within the meaning of the German Trade Secrets Act (GeschGehG) are Confidential Information.
5.2 All Participants, members of the UnternehmerTUM Incubator team, or third parties such as mentors involved in the Program are required to keep all Confidential Information secret and not to pass it on or disclose it to third parties without explicit permission. They shall keep Confidential Information protected against unauthorized access by third parties. Confidential Information may not be used for purposes other than the implementation and participation in the Program.
5.3 The confidentiality obligations do not apply if and to the extent (a) that the information concerned demonstrably
- is generally known or becomes generally known through no fault of the receiving party or
- was or is lawfully obtained by the receiving party from a third party without the imposition of a confidentiality obligation, or
- is already legally present with the receiving party or has been or will be developed independently of the cooperation; or
(b) if the disclosing party waives the confidentiality obligation in writing.
5.4 If a party is legally obliged to disclose Confidential Information, it must – to the extent permitted by law – notify the other party immediately and, if possible, before disclosure so that the other party has the opportunity to take legal action. In case of such disclosure, the disclosing party shall ensure confidentiality to the extent permitted by law.
5.5 The confidentiality obligations under this Section 5 shall survive for another two years following the termination of the participation in the Program (Section 8); for trade secrets, obligations apply for as long as the information qualifies as a trade secret.
6. Data Protection/Image Rights
6.1 Detailed information on the collection and processing of Participants’ personal data within the scope of the Program pursuant to Art. 13 and 14 GDPR – in particular regarding the purposes of processing, legal bases, recipients, storage periods, transfers to third countries and the rights of data subjects – is set out in the privacy policy.
6.2 Personal data of Participants will be processed solely for the purposes set out in these T&Cs, in particular for the operation and administration of the Program, communication with Participants, and quality assurance and impact measurement (preparation of anonymised or aggregated statistics). The legal basis is the UnternehmerTUM’s legitimate interest in evaluating and further developing the Program pursuant to Art. 6(1)(f) GDPR.
6.3. Personal data will only be disclosed to third parties where provided for in these T&Cs, where a separate consent has been given, or where required by law.
6.4 If photographs and audio-visual recordings are created as part of the Program, they are initially produced and processed for the purpose of internal Program documentation and public relation. The legal basis for this is our legitimate interest in documenting the Program pursuant to Art. 6(1)(f) GDPR.
7. Liability
7.1 UnternehmerTUM shall not be liable for any advice or the depth, extent, quality, and/or quantity of Services provided under the Program.
7.2 Notwithstanding the aforementioned, liability is mutually limited to intent and gross negligence (Vorsatz und grobe Fahrlässigkeit).
7.3 Liability for slight negligence (leichte Fahrlässigkeit) shall be limited to the breach of an obligation that is essential for achieving the purpose of these T&Cs (cardinal duty (Kardinalpflicht)). In such cases, liability is limited to the foreseeable damage typical for this type of agreement.
7.4 To the extent permitted by law, liability for indirect or consequential damages, loss of profit, loss of business, or reputational damage is excluded; this does not apply where such damages were foreseeable and typical as a result of a breach of a cardinal duty pursuant to Section 7.2.
7.5 The aforementioned limitations do not apply in case of injury to life, body or health.
7.6 The above provisions apply mutatis mutandis to the liability of each party’s legal representatives, employees, mentors and service providers involved in the Program. UnternehmerTUM remains responsible for persons it engages in accordance with statutory rules.
8. Withdrawal/ Termination of Program Enrollment
8.1 The Participant's enrollment in the Program ends after 6 months. Participation may be extended for additional 6-month periods following a positive evaluation by the UnternehmerTUM Incubator team.
8.2 The right for UnternehmerTUM to terminate the Enrollment for good cause (aus wichtigem Grund) remains unaffected. “Good cause” includes, without being limited to,
- a breach of Section 3 (Participation Conditions) despite a written warning with a reasonable period of notice, e.g. failure to participate actively, misuse of resources;
- a breach of Section 5 (Confidentiality);
- a Participant has been determined to be guilty of misrepresentation in supplying the information required for selection into the Program.
8.3 Notice of termination must be given in writing.
9. Amendment Right
9.1 UnternehmerTUM may amend these T&Cs at any time. In the event of an amendment to the T&Cs, the Participant will be informed of the amendment in writing and/or in text form within a reasonable period of time.
9.2 In cases where a change to the T&Cs is only of an insignificant nature, the Participant's consent shall be deemed to have been given unless the Participant objects to the change within 4 weeks of receiving notification of the change.
9.3 In cases where a change to the T&Cs involves far-reaching changes affecting the basis of the legal relationship between the parties, the change shall only take effect after the Participant has given their consent.
9.4 If a Participant does not give their consent to the amendment to the T&Cs within 4 weeks of receipt of the notification of amendment, UnternehmerTUM is entitled to terminate the participation in UnternehmerTUM Incubator.
10. Final Provisions
10.1 Should individual provisions of these T&Cs be or become invalid, this shall not affect the validity of the remaining provisions.
10.2 These T&Cs shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the Participant has his or her habitual residence, if he or she is to be legally regarded as a consumer, shall remain unaffected.
10.3 The place of jurisdiction for all disputes arising from enrollment in the Program is Munich, provided that the Participant is a merchant, a legal entity under public law or a special fund under public law.