Comment by Semaphor

Assuming it’s not an explicitly forbidden clause, from the law [0] translated by deepl:

> (1) Provisions in general terms and conditions are invalid if they unreasonably disadvantage the contractual partner of the user contrary to the requirements of good faith. An unreasonable disadvantage can also result from the fact that the provision is not clear and understandable.

So if the novelty of the startup is an unreasonable disadvantage to the customer, it would be illegal. Which sounds good to me.

[0] https://www.gesetze-im-internet.de/bgb/__307.html