Terms and Conditions
1. Scope
1.1 Subject Matter
These Terms and Conditions (T&C) apply to all contracts between Internethelden UG (haftungsbeschränkt), Schwanenklimp 29, 37199 Wulften/Germany, hereinafter referred to as "Provider", and the user regarding the use of the service for creating and managing servers within third-party infrastructure.
2. Eligibility
2.1 Legal Capacity
Use of the service is permitted only for fully legally competent natural persons, legal entities, or partnerships with legal capacity.
2.2 Confirmation of Legal Capacity
By registering, the user confirms their legal capacity.
3. Service Description
3.1 Scope of Service
The Provider enables the user to create and manage servers in external infrastructure using the provided service. The current purpose of the service is, in particular, to create and manage servers and infrastructures, with a focus on managing web and database servers.
3.2 Use of Access Credentials
For this purpose, the user provides an access key (“Key”) from their infrastructure provider in the Provider's system. The Provider stores and uses this key solely to deliver the contractually agreed services.
3.3 Technical Basis and Feature Changes
The Provider does not guarantee any specific technical basis or particular functionalities or features of the service. The service is subject to ongoing development; features may be added, changed, or removed at any time. The user cannot claim any right for specific features to be permanently available or available in a particular form.
3.4 Availability and Maintenance
The Provider does not guarantee any specific availability of the service. Maintenance work, including unscheduled maintenance, may be performed at any time as required.
3.5 Support
Support inquiries are handled exclusively via e-mail and only in English or German. Support is strictly limited to issues and questions related to the Provider's own service. Assistance concerning the infrastructure of the infrastructure provider or the user's own environment – for example, the user's own hardware or software – is expressly excluded.
4. Fees and Billing
4.1 Provider Fees
Fees for using the service are charged according to the Provider's current price list. Billing is processed via Stripe. The Provider reserves the right to change prices. Price changes will be communicated to the user in advance.
4.2 Third-Party Provider Fees
By using the service, the user incurs additional costs directly with the respective infrastructure provider (e.g., for computing, storage, data transfer, etc.). The Provider has no influence over these costs and assumes no liability. The user is solely responsible for informing themselves about such costs and for setting up appropriate cost limits or safeguards with their provider.
4.3 Refunds
Refunds for services already paid are excluded.
4.4 Consequences of Non-Payment
If subscription fees are not paid or not paid on time, the Provider is entitled to terminate the contract extraordinarily and without notice and to block access to the service.
5. Term and Termination
5.1 Term
The contract is concluded for an indefinite period with monthly billing.
5.2 Termination
The user may terminate the contract at any time up to the end of the current billing period without notice. If no termination is received, the contract is automatically extended by another month.
6. User Responsibilities and Obligations
6.1 Cost Control
The user is solely responsible for setting up cost limits or other safeguards with their infrastructure provider.
6.2 Backups
The user is obligated to regularly and independently create backups of all data and configurations generated or processed while using the service. The Provider assumes no liability for data loss, regardless of the cause.
6.3 Security and Updates
The user is solely responsible for regularly checking the software installed on provisioned servers for security vulnerabilities and for promptly installing all necessary security updates and patches. The Provider assumes no liability for security incidents, insufficient security, or malware on the provisioned servers. This applies to all software installed on the provided servers.
6.4 Content
The user is solely responsible for all content created, stored, processed, or distributed via the service. The Provider does not review content created or managed by the user and assumes no liability for its legality, accuracy, or completeness. The user agrees not to distribute any illegal, criminal, or third-party rights-infringing content via the service.
6.5 Improper Use
The user agrees not to misuse the service, in particular not to use it for illegal activities or to impair the infrastructure of third parties.
6.6 Liability for Third Parties
The user is also liable for the conduct of third parties to whom they grant access to the service, in particular employees, agents, or subcontractors.
6.7 Sanctions Laws and Export Control
The user is obliged to comply with all applicable export control and sanctions laws. The Provider assumes no liability for violations of such regulations by the user.
7. Disclaimer of Liability and Duty to Mitigate Damages
7.1 General Disclaimer
The Provider assumes no liability for outages, disruptions, or errors in the provision or use of the service.
7.2 Data Loss
The Provider assumes no liability for data loss or data corruption – especially if the user has not made their own backups.
7.3 Misconfiguration and Malfunction
The Provider is not liable for damages resulting from misconfigurations by the user. Likewise, the Provider is not liable for damages or costs resulting from malfunctions of its own software, in particular if, due to a system error, for example, the wrong server is deleted or too many servers are created, resulting in costs for the user at the infrastructure provider.
7.4 Third-Party Providers
The Provider is not liable for problems occurring at the respective infrastructure provider.
7.5 Security Incidents
The Provider assumes no liability for security vulnerabilities, malware, or other security incidents on servers provisioned by the user, including all software installed thereon. This also applies to security vulnerabilities in the Provider's own service, regardless of whether and how quickly they are remedied.
7.6 Duty to Mitigate Damages
In the event of damage, the user is obliged to minimize the damage as far as possible and to notify the Provider without delay.
7.7 Limitation of Liability
The Provider's liability is excluded except in cases of intent or gross negligence.
8. Exclusion of Users and Assignment of Contract
8.1 Exclusion Right
The Provider reserves the right to exclude users from the service for good cause, either extraordinarily or ordinarily with appropriate notice, in particular in the event of violations of these T&C or misuse of the service.
8.2 Termination for Non-Payment
If subscription fees are not paid, the Provider is entitled to terminate the contract extraordinarily and without notice and to block access to the service.
8.3 Assignment
The Provider is entitled to assign the rights and obligations from this contract to a legal successor or affiliated company. The user will be informed in due time. In the event of an assignment, the user has a special right of termination.
9. Amendments to the T&C
9.1 Right of Amendment
The Provider is entitled to amend these T&C at any time with effect for the future. The user will be informed of any amendments in good time. If the user does not object to the amendments within 14 days of receiving the notice, the amendments are deemed accepted. The Provider will expressly draw attention to the significance of this period in the notice of amendment.
10. Protection of Trade Secrets
10.1 Confidentiality
The functionality of the service, in particular the method of server configuration, remains the Provider's trade secret and will not be disclosed.
10.2 Ownership of Actual State
The actual state of the configured servers on the user's infrastructure remains the property of the user and may continue to be used after termination of the subscription.
11. Reference Naming
11.1 Use as Reference
The Provider is entitled to use the name and logo of the user as a reference, unless the user expressly objects.
12. Data Protection, Data Storage, and Data Retention after Termination
12.1 Processing of Personal Data
The processing of personal data is carried out in accordance with the Provider's privacy policy.
12.2 Data Storage and Event Sourcing
Data is stored and processed using an event-sourced architecture. Customer data is never stored in the event log. Only technical and server-related data is stored in the event log. Sensitive content is encrypted for each transaction using a unique key.
12.3 Data Retention and Deletion after Termination
After termination of the contract, customer data is not retained. Technical and server-related data remain in the event log, with all sensitive content encrypted. When a user account is deleted, the associated cryptographic keys are permanently deleted, rendering the encrypted content in the event log unusable and irretrievable. The user has no right to restoration of their data after termination.
13. Final Provisions
13.1 Severability Clause
Should any provision of these T&C be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that most closely reflects the economic intent of the invalid provision.
13.2 Governing Law
German law applies exclusively. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
13.3 Jurisdiction
The place of jurisdiction for all disputes arising from this contractual relationship, to the extent legally permissible, is Göttingen, Germany.