1 Scope of Application
The following General Terms and Conditions of Business shall be applicable for all business relations between luckycloud GmbH, hereinafter referred to as "us", "we" "luckycloud.de" or "luckycloud" and their customers. The terms of business in effect at the time of contract conclusion shall be relevant.
Any deviating, conflicting, or additional General Terms and Conditions of the customer shall not be part of the contract, even if we have been informed of such conditions, unless we have expressly agreed to their applicability in writing.
We shall have the right to adjust this agreement to any new conditions for legal, technical or economic reasons. Such amendments shall take effect upon publication by luckycloud on the luckycloud websites. By using our services you agree to check the luckycloud website for any amendments of this agreement at least once a year. If you do not agree with such amendments, you shall have the right to terminate your agreement with luckycloud. If you continue to use the luckycloud services for more than one month after the modification of this agreement, you shall be bound by the amended agreement. Please ensure to check these regulations on a regular basis in order to be informed about any amendments.
2 Conclusion of the Agreement
The agreement between you and luckycloud shall be concluded by clicking the button "create account" and upon acceptance and confirmation by luckycloud, at the latest, however, upon provision of the services by luckycloud, or your use of the luckycloud services; prior registration (luckyTransfer) is not required. You waive the receipt of a confirmation of acceptance by luckycloud. We shall have the right to decline the conclusion of the agreement or rescind agreements for good cause, e.g. in case of reasonable suspicion that you intend to misuse the services.
3 Subject Matter of the Agreement
Subject matter and part of this agreement are the following Terms of Business and the regulations provided in the respective service specifications, and price lists, or any special agreements, as well as the luckycloud services described in such agreements. luckycloud shall exclusively offer paid accounts with the possibility to acquire additional upgrades. The performance period shall depend on the chosen service and shall start after the two-week test period, or at the latest upon payment by the customer or provision of the services. The prices indicated in the current price lists shall be applicable for the use of the individual paid services.
4 Right of Revocation
We provide all luckycloud users, including legal entities or companies within the meaning of sec. 14 of the German Civil Code [BÃ¼rgerliches Gesetzbuch €“ BGB] with the opportunity to test our services free of charge for a two-week test period. After these two weeks, you shall be free to continue using the services against payment or to stop using the services. The unpaid account shall be completely deleted after two weeks.
You shall have the right to revoke your agreement in writing (via email or letter) without stating any reasons within two weeks. The revocation period shall start upon receipt of this written information. In order to observe the period of revocation it shall be sufficient to post the revocation in due time. The revocation must be addressed to: firstname.lastname@example.org or to luckycloud GmbH, represented by the managing director Luc Mader, SolmsstraÃŸe 18, 10961 Berlin, Germany.
In the case of an effective revocation, performance received and emoluments taken are to be returned. Any data stored by you shall be completely deleted by luckycloud within 4 days after receipt of the declaration of revocation.
5 luckycloud Use
The use of the luckycloud services and the luckycloud membership shall be void where prohibited by law.
By using the luckycloud services you represent and warrant that:
you are at least 18 years old
your personal use of the luckycloud services does not violate any applicable laws or regulations.
You shall not use the luckycloud services
by way of automated use of the system
for the disturbance, disruption or creation of an inappropriate overload of the luckycloud services or connected networks or services
to pretend to be another customer or person
to try to get access to the account, user name or password of any other customer at any time
to sell or otherwise transfer your account
to harass, insult or harm any other person
We shall use best efforts to ensure the availability of the luckycloud services at all times. However, we shall not be liable for any disruptions, or the non-availability of the luckycloud service. Furthermore, the customer shall be responsible for creating the required conditions for the proper reception of the services, in particular the appropriate receive, display and connecting devices, and for the connection of such devices in accordance with the instruction manual.
We assure you that all of your data will be stored in completely anonymous user accounts, unless you provided information on your identity, your company or employees on a voluntary basis during the registration process or thereafter. However, we point out that unauthorized access to data cannot be completely precluded even by extensive and state-of-the-art safety precautions.
6 Uploaded Content in the luckycloud
luckycloud does not assert any claims to proprietary rights in any texts, files, images, photos, videos, sounds, musical works, copyrighted works or any other materials uploaded by you to the luckycloud. You represent and warrant that none of your uploads to the luckycloud infringe applicable German or European Law, or the right to privacy, advertising rights, intellectual property rights (including copyrights), contractual rights or other rights of any person. You shall be responsible for any criminal or civil proceedings resulting from such infringement. We shall have the right to suspend or delete any user account that infringes any applicable laws and/or this agreement. You shall be exclusively responsible for the content you uploaded to the luckycloud. luckycloud has no influence on such content. The content is not reviewed by us and does not reflect the opinions or principles of luckycloud. luckycloud does not assume any guarantees, whether express or implied, for the conduct of any user, for the content or the accuracy, and reliability of any contents, materials, or information uploaded by you.
All prices for the luckycloud services are published on our website. No responsibility shall be assumed for any errors or mistakes that may occur in this regard. All charges shall be due and payable before the performance of the described luckycloud services. All prices for individuals and students are including VAT, unless VAT is stated separately.
We reserve the right to modify the prices and elements of the luckycloud services. We shall inform the members of any modification of the charges exclusively on the website luckycloud.de. You shall then be free to decide whether you want to continue using these services. Your continued use of the respective service after any modification of the charges and the respective information on the website shall be considered as approval of the proposed modification of the charges.
The agreement shall not be automatically renewed after expiration of the agreed upon term. The cloud service for the account shall only be continued upon receipt of your payment for the new term indicating your luckycloud mail address (email@example.com). Should the services of the test version be taken as basis of payment, the test period shall be considered as the free trial period. The date of receipt of payment after the advertised free trial period shall then be considered as the date of contract renewal. If no payment is received during the 10-day trial period, the data uploaded to your account shall be completely deleted after two weeks. A recovery of these data shall then no longer be possible. No separate notice of termination shall be issued. No further action is required to terminate the luckycloud service during the free trial period. If you decide to continue using the luckycloud services after the free trial period, you shall pay the applicable fee for the selected term indicating your luckycloud email address. If premium customers acquire an upgrade before expiration of the term paid for, the weeks already paid for with the residual amount shall be credited to the term of the new contract.
This agreement shall be applicable and effective in its entirety as long as you are a customer or are using the luckycloud services. The agreement shall also stay in effect after the termination of your membership. You can terminate your membership for any reason by not effecting a further payment for a new term of a luckycloud service or by deleting your user account.
If a further payment is received, the date of renewal of the existing contract shall be the date of expiration of the term of your previous contract.
We shall have the right to block the availability of the luckycloud services for you or terminate your membership without notifying you, if you:
miss to effect any payments due to us and/or
infringe any regulations of this agreement.
9 Data Protection
Our Data Protection Regulations shall be part of this agreement.
Should the customer/user violate any legal prohibitions or offend against good manners, the customer shall be liable to us for all direct or indirect damages, including financial losses. Furthermore, the customer/user shall indemnify us against any third party claims resulting from any unlawful uploads to the luckycloud and/or the personal use of the services provided by luckycloud. The indemnity obligation shall also include the obligation to indemnify us against any legal costs (e.g. court and attorneys' fees).
luckycloud shall only be liable in case of intent or gross negligence. Should luckycloud infringe any essential contractual obligations (cardinal duties) in a manner jeopardizing the purpose of the agreement, the liability shall be limited to the typical damage that was reasonably foreseeable by luckycloud at the time of contract conclusion, unless the violation was caused by intent or gross negligence. This limitation shall not be applicable in case of injury of life, limb or health, or in case of liability under the Product Liability Act. If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the liability shall be limited to the contractual fees paid by the customer for the services, except for cases of intent or gross negligence. The customer's claims shall be forfeited if we have not been informed of the respective claim within one month after accrual.
We shall not be liable for any technical problems or malfunctions on the internet, which are beyond our control, or any errors, omissions, interruptions, loss, deletion, defect, destruction, or unauthorized access, or alteration of any content uploaded by the customer to the luckycloud. luckycloud shall not be liable for any loss of business, contract, profits, consequential damages or economic damages. Furthermore, luckycloud shall not assume any liability for damages caused by any incorrect content, or content uploaded in an incorrect manner, whether by the luckycloud websites or in connection with the luckycloud services, or by any user / registered user of the luckycloud services, or by any devices or programs used in connection with luckycloud.
11 Final Provisions
- The exclusive place of jurisdiction for disputes arising from or in connection with this agreement shall be Berlin, if the customer is a businessman, a legal entity under public law, or a special fund under public law. The laws of the Federal Republic of Germany shall be applicable for any claims arising from or in connection with this contract, to the exclusion to the exclusion of UN sales law (UN Convention on Contracts for the International Sale of Goods - CISG).
- Should any provisions of this agreement be or become ineffective in whole or in part, the remaining provisions of this agreement shall remain unaffected thereby.