General Terms and Conditions of luckycloud

Preamble

The following General Terms and Conditions of Business (TOB) of luckycloud GmbH, Solmsstrasse 18, 10961 Berlin (hereinafter ‚luckycloud‘ or ‚we‘, ‚us‘) shall be applicable for the business relations between luckycloud and their customers. Our services are offered to corporate customers, as well as private users (definition of terms and the resulting consequences see paragraph 1. below). We offer our customers the services mentioned in paragraph 4 via the website www.luckycloud.de and want to ensure a smooth provision of services and high customer satisfaction with these TOB. For any questions concerning these TOB, please contact us at support@luckycloud.de.

 1 General Provisions – Definitions

a. „Private Users“ – (according to sec. 13 of the German Civil Code [BGB]) are individual persons, who do not use the services for commercial or self-employed professional activities. These users shall have the consumer right of revocation as described in paragraph 6.

b. „Corporate Customers“ – Our services are also offered to businesses (i.e. corporate customers) within the meaning of sec. 14 of the German Civil Code. This means that these customers have no consumer right of revocation. A voluntary right of revocation for corporate customers shall not be granted.

c. „Customers“ – are all persons who have registered with luckycloud.de.

d. „Users/ Visitors“ – are all persons who visit or use the luckycloud websites without registration. The term "user" shall include visitors, as well as customers.

 2 Scope of Application

These TOB shall be applicable for the business relationship between our customers and us, irrespective of any general terms and conditions of the customer, which shall not be applicable. The regulations of these TOB shall in particular govern the rights and obligations related to and required for the services, as well as any further duties to cooperate on the side of the customer. By using the luckycloud services, you accept this agreement, irrespective of whether you are a private or commercial user or visitor of the website. You shall have the right to use the luckycloud services exclusively in accordance with all applicable laws and this agreement.

 3 Conclusion of this Agreement

a. 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 for which a prior registration is not required (luckyTransfer).

b. 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.

 4 Subject Matter of the Agreement

a. The subject matter of this agreement between the parties are the regulations provided in the respective service specifications and price lists, or any special agreements, as well as the luckycloud services described in such specifications or agreements. Depending on the type of account, different amounts of data can be stored in encrypted form at a location on a server that is protected from unauthorized access.

b. luckycloud shall exclusively offer paid accounts with the possibility to acquire additional chargeable upgrades. The performance period shall depend on the chosen service and shall start with the two-week trial period, or upon payment by the customer or provision of the services.

c. The prices indicated in the current price lists shall be applicable for the use of the individual paid services.

d. The agreement shall come into effect upon successful registration, or upon setting up an account with luckycloud.de and acceptance of the TOB.

 5 Free Trial Access

We provide all luckycloud users, including legal entities or companies, the opportunity to test our services free of charge for a two-week trial 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.

 6 Consumer Right of Revocation

Cancellation Policy

Consumers shall have the following right of revocation:

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. To observe the revocation period, it shall be sufficient to send the revocation in due time.

Note: If you terminate the trial period before the end of the two-week period by acquiring a chargeable upgrade, or by effecting an advance payment for at least one month, you expressly waive the two-week right of revocation and shall be bound by the agreement for the selected contractual term.

Effects of Revocation

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.

The revocation must be addressed to:

support@luckycloud.de

or to luckycloud GmbH, represented by the managing director Luc Mader, Solmsstrasse 18, 10961 Berlin, Germany.

You can use the attached standard withdrawal form to revoke the agreement, which is, however, not required.

To observe the revocation period, it shall be sufficient to send the information concerning the exercise of the right of revocation before expiration of the revocation period.

Special instructions:

Your right of revocation shall expire ahead of time, if the agreement has been fulfilled by both sides upon your express request before you exercised your right of revocation.

 7 Content provided

a. 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 any other rights of any person.

b. You shall be responsible for any criminal or civil proceedings and shall indemnify luckycloud from any claims resulting from such infringement.

c. 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 uploaded by you to the luckycloud. luckycloud has no influence on such content.

d. 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.

 8 Rights of Use

a. The use of the luckycloud services and the luckycloud membership shall be void where prohibited by law.

b. By using the luckycloud services you represent and warrant that your personal use of the luckycloud services does not violate any applicable laws or regulations.

c. You shall not use the luckycloud services

• by way of any 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.

d. 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. For further information please see paragraph 14 Data Protection.

 9 Charges and Price Changes

a. 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 these services.

b. All prices for individuals and students are including VAT, unless VAT is stated separately.

c. 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.

We will inform you about price charges early enough to allow you to terminate the contractual relationship observing the agreed notice period before the new prices take effect. If you do not terminate the contractual relationship upon notification of the new prices and continue to use chargeable services after the effective date of these prices, the price change shall be binding for the contractual parties.

d. None of the user accounts for which charges are paid online shall be automatically renewed after the end of the pre-paid term. The agreement shall only be extended by the term selected by you in case of payment on invoice, if you did not delete the account before the effective date. The cloud service for the account can only be continued with the mode of payment for your account upon payment of the charge for the new term and indication of your login email address.

e. Should the services of the test version be chosen as basis of payment, this 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 14-day trial period, the data uploaded to your account shall be completely deleted after 14 days. 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 login email address and the mode of payment for the selected term. If premium customers acquire an upgrade or downgrade before expiration of the term paid for, the equivalent of the residual amount in days shall be credited to the term of the new contract.

 10 Availability

a. We shall use our 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 services.

b. 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 and recommendations.

c. In addition to this, the customer shall be solely responsible for creating and keeping adequate backup copies of the stored data.

 11 Third Party Rights and Customer Obligations

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 damages. 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).

 12 Warranty and Liability

a. luckycloud shall only be liable for damages 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.

b. 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.

c. 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, unauthorized access, or alteration of any content uploaded by the customer to the luckycloud.

d. We shall not be liable for any loss of business, contract, or profit, or any consequential 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.

 13 Term of the Agreement and Termination

a. 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.

b. 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.

 14 Data Protection

a. Data protection and data security are our primary objectives! Therefore, we are always striving to handle your personal data with utmost care. Any personal data provided by you for registration and use are therefore only collected, stored and processed to the extent that this is required to provide the services in accordance with the agreement and as permitted by law. We shall (re-) process any personal data on a confidential basis and in accordance with the regulations of the EU General Data Protection Regulation (GDPR), as well as the (new) German Federal Data Protection Act, and shall not disclose such data to any third parties,

b. Furthermore, your personal data shall only be used as far as you have given your express consent to such use. You shall have the right to withdraw your consent at any time.

c. For further information please refer to our privacy statement.

 15 Amendment of the TOB

luckycloud reserves the right to amend these TOB at any time as far as this is required for good reason, in particular due to any changes in the legal situation, technical modifications or enhancements, gaps in the TOB, changes in the market situation, or other comparable reasons, and as far as this does not constitute an unreasonable disadvantage for the customer. The customer shall be informed about any amendments of the TOB in writing or via email at least four weeks before their coming into effect. Such amendments shall take effect, unless the customer objects in writing or via email within this four-week-period and (provided that) luckycloud informed the customer about this legal effect in the notification of amendment. In the case of an objection, we reserve the right to terminate the contractual relationship. With each notification of amendment, you shall be separately informed about the effects of the amendment and your right of objection and/or termination.

 16 Final Provisions

a. Any amendments of or supplements to, as well as the termination of any contractual regulations, require written form; this shall also apply to the waiver of this requirement of written form as far as this is not required according to these terms of business.

b. Offset against any claims of luckycloud, or the assertion of any rights of retention shall only be possible in the case of uncontested and legally established counter-claims.

c. German law shall be applicable to any disputes arising from these terms of business. The exclusive place of jurisdiction for any disputes arising from or in connection with these terms of business shall be Berlin, Germany.

d. Should any of the provisions of these terms of business be or become ineffective in whole or in part, this shall not affect the effectiveness of the remaining provisions. In such a case, the contractual partners shall be obliged to replace the invalid provision by a valid provision the economic effect of which comes as close as possible to the invalid provision. This shall apply accordingly to any gaps in this agreement.

e. The laws of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods shall not be applicable.

TOB last amended in May 2018