Akismet Privacy Policy Plugin & Minimatica

In Germany there’s the need to run this plugin when Akismet is used. It shows a disclaimer with a checkbox in the comment form. This plugin requires that the comments.php must be updated with this code:

I inserted the code at the end of the comments.php before the /div which looks like this:

Doing that the disclaimer arises in the comment form as wished, but a side effect is, that the disclaimer also arises on static pages where the comment function is disabled. I tried the plugin code on different positions within the comments.php but all test are producing the same result.

The question is now how to modify the comments.php to get this working correct (show the disclaimer only when the comment form is displayed).

My WP is 3.3.1, Minimatica is 1.08