General terms and conditions
The following General Terms and Conditions (GTC) of luckycloud GmbH, Solmsstraße 26, 10961 Berlin, Germany. (hereinafter referred to as luckycloud or We) govern the business relationship between luckycloud and its customers. Our offer is aimed at both entrepreneurs and consumers. luckycloud offers under www.luckycloud.de the services offered under 4. to its customers and would like to use these GTCs to services and to achieve a high level of customer satisfaction. If you have any questions in connection with these GTC, please contact us at any time at firstname.lastname@example.org.
§ 1 General Provisions - Terms
a. "Consumers" - are (according to § 13 BGB) natural persons who use the Service neither for a commercial commercial or self-employed professional activity. They are entitled to the right of consumer right of revocation.
b. "Entrepreneurs" - Our service is also aimed at entrepreneurs (i.e. business customers) within the meaning of § 14 BGB. This has the consequence that the customer is not entitled to a consumer right of revocation. A voluntary right of withdrawal is not granted to business customers.
c. "Customers" - are all persons who have registered with luckycloud.com.
d. "User/ Visitor" - means viewing the luckycloud websites or using services without registration. The term "User" means both a Visitor and a Customer.
§ 2 Scope
These GTC apply between us and our customers and regulate the business relationship independently of the customer`s general Terms and Conditions of the customer, which are not applicable in this respect. The GTC regulate in particular the rights and obligations services and, if applicable, further obligations of the customer to cooperate. By using the luckycloud Services, you agree to be bound by this Agreement, whether whether your use is for private or commercial purposes. You are only entitled to use the luckycloud Services if you comply with all applicable laws and agree to this Agreement.
§ 3 Conclusion of contract
a. The contract between luckycloud and you is concluded upon acceptance by luckycloud by means of an order confirmation, at the latest with the provision of services by luckycloud or, in the case of the use of services by luckycloud of services by luckycloud which do not require prior registration.
b. We can refuse the conclusion of the contract, or withdraw from concluded contracts, if there is an important reason, e.g. there is a justified suspicion that you intend to misuse the services. e.g. there is a reasonable suspicion that you intend to misuse the services.
§ 4 Subject matter of the contract
a. The subject matter of the contract between the parties are the provisions set out in the respective service descriptions and price lists or special agreements. or special agreements as well as the services of luckycloud listed therein. Depending on the account, different amounts of data can be stored encrypted on a server in a storage space protected from third-party access.
b. luckycloud only offers paid accounts with the option of booking additional paid upgrades. upgrades. The service period depends on the service selected in each case and begins with the 14-day trial period or with the payment by the customer or provision of the services and services.
c. The prices listed in the respective valid price lists shall apply to the use of the individual services subject to a charge.
d. The contract shall commence after successful registration, creation of an account at luckycloud.de or provision of a server and acceptance of the general terms and conditions. of a server and acceptance of the GTC.
§ 5 Free trial and demo account
a. A free trial access is possible for the following luckycloud products:
- luckycloud Home
- luckycloud Team
- luckycloud pro Business
- luckycloud Mail
b. With luckycloud pro Enterprise or luckycloud pro Enterprise Plus you do not have a free trial period, as it is a a dedicated hosting service. Users can test the basic functions free of charge in a luckycloud Team or luckycloud pro Business account.
c. In order to give all users of luckycloud, including legal entities or entrepreneurs, a free trial opportunity, we will provide you with our chargeable services free of charge for 14 days for testing purposes. After these 14 days, you are free to free to use the service against payment or to discontinue it against non-payment. The unpaid account will be completely will be completely deleted.
d. If services from the trial version become the basis of payment, this trial period shall be considered the free trial period. The date of receipt of payment after the advertised free trial period will then be considered the renewal date for the contract. If no payment is received during the 14-day trial period, the data already uploaded to the account will be completely deleted after 14 days. days, the data already uploaded to the account will be completely deleted. A recovery of this data is then no longer possible. A separate notice of termination will not be sent. To terminate the luckycloud service during the free trial period, you do not need to do anything else. If, on the other hand, you decide to use the luckycloud services after the free trial period, then you pay the corresponding amount for the selected term by providing your login email address and using the payment method set in your account for the the selected term.
e. A demo account is a public trial account. The following data may not be uploaded here:
- personal data,
- Content that is extremist in nature or incites criminal acts
- pornographic, violent, violence-glorifying, racist, discriminatory or inciting content
§ 6 Contract term and termination
For dedicated servers, such as luckycloud pro Enterprise and luckycloud pro Enterprise Plus, the contract periods and notice periods set out in section 6.2 apply. and notice periods. For all other luckycloud services, the following regulations apply:
§ 6.1 luckycloud Standard Services
a. For luckycloud Home and Team, luckycloud pro Business, luckycloud Mail and Groupware, the Customer can choose between the following contract periods 1 month, 3 months, 6 months, 12 months or 24 months.
b. If the customer has set up a recurring payment, the account is always automatically extended by the term selected by the customer, unless the customer deletes his luckycloud account or deactivates his payment before the end of the contract term. term, unless the customer deletes his luckycloud account or deactivates his payment before the end of the contract term.
c. The customer may change the term of the contract before the expiration date of its term periods.
d. The expiration date can be found by the customer in his personal dashboard under "Remaining term".
e. This Agreement is in full force and effect while you are using the luckycloud Services or are a Customer. The agreement remains valid for 2 years after termination or revocation. You may terminate your luckycloud account for any reason whatsoever, either by
- in the case of a one-time payment method, do not make a new payment for a new term of a luckycloud service or
- in case of a recurring payment method, delete your user account or deactivate your payment before the expiration date of the term period.
f. The right to terminate for cause remains unaffected.
g. There is no automatic contract renewal after the expiration of the paid term for all online paid user accounts. Only in the case of recurring payments or payment on account, the contract will be extended by the contract term specified by you, should the account not have been deleted by you on the due date or the payment have been deactivated. The cloud service for the account can only be continued with the payment method set in your account after payment of the new term with your login e-mail address.
§ 6.2 luckycloud services with dedicated hosting
a. With dedicated hosting, the customer is provided with one or more independent or dedicated servers. This is the case with luckycloud pro Enterprise, Enterprise Plus and Webhosting.
b. Unless otherwise agreed, the initial contract term is 12 months.
c. The contract is automatically extended for another 12 months.
d. The contract can be terminated 3 months before the end of the contract in writing by e-mail (email@example.com) by a contact person authorized to give instructions, who was previously specified in the main contract. The right to terminate for cause remains unaffected.
e. For further services and service levels, please refer to the main contract.
§ 7 Terms of payment
a. All payments are due prior to the provision of these luckycloud services and are payable in advance.
b. The customer can choose between monthly, quarterly, semi-annual, annual or biennial billing interval.
c. The customer can choose between the following payment methods:
- on account
- Instant bank transfer
- SEPA Direct Debit (after the first successful payment with another means of payment)
d. In the event of default in payment, the statutory provisions shall apply, including interest. luckycloud expressly reserves the right to assert further damage caused by default. luckycloud is entitled, irrespective of the originally agreed payment terms, to demand security for the payment amount still to be made by the Customer for the remainder of the term of these license terms.
e. Any transfer fees or charges incurred shall be borne by the customer (in addition)
§ 8 Adjust tariff
a. The customer may change his tariff before the expiration date of the term period.
b. Should customers book an upgrade or downgrade before the end of their already paid term, the equivalent of the remaining amount in days will be of the term of the new contract will be credited or charged if the customer selects "Customize" and there is sufficient remaining term.
§ 9 Deactivation of the account
b. We may block the provision of the luckycloud Service to you or terminate your membership without notice to you,
- if the payment deadline is not met,
- if the user uses the luckycloud systems in a way that deviates from the regular operating behavior and thereby compromises the security, confidentiality, availability, integrity and resilience of the systems, networks, programs, applications, scripts, apps, files and data of luckycloud, other luckycloud customers, are impaired,
- violate any points of this agreement.
§ 10 RIGHT OF REVOCATION
Cancellation policy for digital content, prepared in accordance with EGBGB Annex 1 to Art. 246a § 1 para. 2 sentence 2.
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must contact us, luckycloud GmbH, Solmsstraße 26, 10961 Berlin, +49 30 814 570 920
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. to revoke this contract. You can use the enclosed sample cancellation form for this purpose, which is, however, not mandatory.
ZIn order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you cancel this contract, we will return to you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract has been received by us. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. In no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods. you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. or to hand over the goods to us. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
Sample cancellation form
(If you want to cancel the contract, please fill out and return this form).
luckycloud GmbH, Solmsstraße 26, 10961 Berlin, +49 30 814 570 920
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of notification on paper)
(*) Delete as applicable.
§ 11 Provided contents
a. luckycloud does not claim any ownership rights to texts, files, images, photos, videos, sounds, musical works, copyrighted works or other materials that you upload to luckycloud. works or other materials that you upload to luckycloud. You represent and warrant that the content uploaded by you does not violate any applicable German or European law, intellectual property rights (including copyrights), contractual rights or other rights of a third third person and does not contain any content glorifying violence, right-wing or left-wing extremist and/or pornographic content.
b. You agree to assume responsibility for any resulting criminal or civil prosecution and to indemnify luckycloud from any and all claims. from all claims.
c. We may suspend or remove from luckycloud any user account that violates applicable laws and/or this Agreement. You are solely responsible for the content you upload to luckycloud. luckycloud has no influence of its own on the content.
d. The content is not reviewed by us and does not reflect the opinions and policies of luckycloud. luckycloud does not warrant, either express or implied, for the conduct of users, for the content or the accuracy or reliability of any content, materials or information uploaded by you.
§ 12 Services and Service Levels
a. The scope of services of the individual luckycloud services is set out in the current description of the services on the website or in the service descriptions supplied with the services.
b. The availability of the luckycloud servers and the data paths up to the transfer point to the Internet is at least 99% on an annual average. Exceptions to this are times when the relevant servers cannot be reached due to technical or other problems that are beyond luckycloud`s control (force majeure, fault of third parties, etc.).
c. luckycloud regularly carries out maintenance work on its systems to ensure the security of network operations, to maintain network integrity, the interoperability of services and data protection. For this purpose, the luckycloud services can be temporarily discontinued or restricted, taking into account the interests of the customer, insofar as important reasons justify this. As far as luckycloud is able, maintenance work is carried out in off-peak times. In the case of planned maintenance work that may entail longer temporary performance suspensions or restrictions, luckycloud will inform the customer in advance about the type, extent and duration of the impairment.
d. It is the customer`s responsibility to create the necessary conditions for proper reception of the services, in particular to provide the appropriate reception, playback and connection equipment and to connect it in accordance with the operating instructions and recommendations.
e. Each new luckycloud account is provided with 15 minutes of support and consulting services free of charge, depending on the size of the account.
In retrospect, additional costs may be incurred for further, individual support services, depending on the account and request. In this case, the ustomer books a support ticket in advance and makes an appointment at firstname.lastname@example.org. A 15-minute support ticket costs 22.50 euros.
Business customers can additionally arrange individual support contracts (e.g. 24/7 support).
f. luckycloud may change services to the extent that this is reasonable for the Customer, taking into account the interests of the Customer and luckycloud.
g. For some additional services, which are not included in the scope of services, additional costs may arise. These are Services, such as remote support, custom configuration or development work.
h. The Customer may enter into agreements with luckycloud in SLA or in the luckycloud pro Enterprise main contract regarding availability, support scope, support times, response times and other services.
§ 13 Rights of use
a. The use of the luckycloud services and membership of luckycloud are 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 do not use the luckycloud services
- by any automated use of the system;
- to interfere with, disrupt or create an unreasonable load on the luckycloud Services or any connected networks or services;
- to impersonate another customer or person;
- to gain access to another customer`s account, username or password at any time;
- for the sale or other transfer of your account;
- to harass, abuse or harm other persons
§ 14 Costs and price changes
a. The prices according to the current price list of luckycloud in Euro valid at the time of the account creation shall apply. The net prices of the of the luckycloud services are published on our website or agreed in the personal offer or price sheet. errors excepted.
b. All prices for individuals and students, if not shown separately, are incl. VAT.
c. We reserve the right to change prices and services of the luckycloud services. In case of renewed payment or change of the contract the currently valid prices will be applied. You are then free to decide whether you wish to continue using these services. Your continued use of the service after the modified fee, will be deemed acceptance of the proposed fee modification.
We will announce price changes in good time on the website or by e-mail so that you can terminate the usage relationship in accordance with the contractually agreed notice period before the new prices come into effect. If you do not terminate the contract after notification of the new prices and continue to use chargeable services after the new prices come into effect, the price change shall become binding for the contracting parties. binding.
d. We generally do not throttle or limit the traffic on your account. However, we reserve the right to block accounts or suspend the associated contracts if the amount of data loaded indicates that the account is being used for file sharing or similar purposes. All users are entitled to 120% of the booked network traffic per account per month. Should the network traffic is used excessively, we reserve the right to charge 0,0396€ per GB for the additional traffic. Should traffic fees are not paid within the agreed payment term, we reserve the right to block the account until payment is received. until payment is received.
§ 15 Rights of third parties and obligations of customers
a. If the customer/user violates the aforementioned obligations, in particular legal prohibitions or morality, he shall be liable to us for compensation for all resulting direct and indirect damages, including financial losses.
b. In addition, the customer/user undertakes to indemnify us against claims of third parties - of whatever nature - resulting from the illegality of the content uploaded or posted on luckycloud and/or resulting from the personal use of the services provided by luckycloud. provided by luckycloud. The indemnification obligation also includes the obligation to fully indemnify us from legal defense costs (e.g. court and attorney fees). costs (e.g. court and lawyer`s fees).
c. The customer is obligated to take reasonable measures to prevent and mitigate damages. This includes, among other things, that the customer regularly backup copies of data and to carry out security checks (in particular to prevent viruses, malware or other malware in the end customer`s malware in the end customer`s IT systems).
d. luckycloud and the Customer agree to maintain confidentiality about confidential information. This obligation shall continue for a period of two years after termination of the contract, regardless of the reason. luckycloud and the user are prohibited from publishing or disclosing to third parties any content, transcripts or internal conversations received in the course of a luckycloud service to third parties.
§ 16 Warranty and liability
a. luckycloud is liable for damages only in case of intent and gross negligence. If luckycloud breaches a material contractual obligation (cardinal obligation) in a way that endangers the the purpose of the contract, the liability is limited to the typical damage that luckycloud could reasonably foresee at the time of the conclusion of the contract, unless the could have reasonably foreseen at the time of the conclusion of the contract, unless the breach of duty is caused intentionally or by gross negligence. This limitation shall not apply in the case of injury to life body and/or health and in the case of liability under the Product Liability Act.
b. Insofar as the customer is an entrepreneur, a legal entity under public law or a special fund under public law, liability shall be limited to the contractual liability is limited to the contractual fees paid by the customer in relation to the services, except in the case of intent and gross negligence. The customer has forfeited his claim if he has not notified us of the claim within one month of it arising.
c. We are not responsible for any technical problems or malfunctions within the Internet that are beyond our control, nor for any errors, omissions, interruptions, loss, deletion, defect, theft, destruction, unauthorized access or alteration of any content that the Customer uploads to the luckycloud uploads.
d. luckycloud is not liable for loss of business, contract, profits, consequential or economic damages. Also, luckycloud assumes no liability for damages caused due to incorrect or faulty uploaded content, whether caused by the websites of luckycloud or in connection with the luckycloud services or services or by users / registered users of the luckycloud service or from any of the devices or programs used in connection with luckycloud.
§ 17 Data protection
a. Our primary goal is data protection and data security! Therefore, we always strive to handle your personal data responsibly. Your provided for use and registration will therefore only be collected, stored and processed by us to the extent that this is necessary for the necessary for the contractual provision of services and is permitted by law. We will treat personal data confidentially and in accordance with the provisions of the EU General Data Protection Regulation, the Federal Data Protection Act (new) and will not pass them on to third parties.
b. Beyond this, your personal data will only be used if you have expressly consented to this. You can revoke your consent at revoke it at any time.
c. In the course of the General Data Protection Regulation, the Customer shall conclude a contract processing agreement with luckycloud pursuant to Art. 28 DSGVO. For this purpose customer dashboard under "Download Manager", which he can upload to the relevant place in the Download Manager after signing it. upload it to the relevant place in the Download Manager.
§ 18 Amendment of the GTC
luckycloud reserves the right to amend these GTC at any time if this is necessary for good cause, in particular due to a change in the legal situation, technical changes or further developments, changes in the market situation or other comparable reasons. changes or further developments, regulatory gaps in the GTC, changes in the market situation or other comparable reasons and does not unreasonably disadvantage the customer. The customer shall be notified of any amendments to the GTC in writing or by e-mail at least four weeks before they take effect. The changes will become effective if the customer does not object in writing or by e-mail within this four-week period and luckycloud has pointed out this legal consequence to the customer in the change notification. In the event of an objection, we reserve the right to terminate the usage relationship. terminate the user relationship. In each notification of change, you will be informed separately of the consequences of the change and your right of objection and / or termination.
§ 19 Final provisions
a. All changes, amendments and terminations of contractual agreements must be made in writing, as well as the cancellation of the written form requirement, insofar as these terms and conditions do not provide for the text form.
b. Offsetting against claims of luckycloud can only be declared or a right of retention can only be asserted with undisputed or legally established counterclaims. right of retention may be asserted.
c. German law shall apply to disputes arising from these terms and conditions. The exclusive place of jurisdiction for all disputes arising from or in connection with these connection with these terms and conditions is Berlin.
d. Should individual provisions of these terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. shall not be affected thereby. In this case, the contracting parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision. economic purpose of the invalid provision as closely as possible. The same shall apply to any loopholes in the agreements.
e. The law of the Federal Republic of Germany shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.