Legal - Terms of Service

User Conduct

By using our services, you agree to comply with all applicable laws and regulations. You are solely responsible for your conduct while accessing our services. We reserve the right to review and investigate any user activities and take appropriate actions, including legal actions.

General Terms

By accessing our websites, our provided Managed Services and utilizing our Software-as-a-Service (SaaS) solutions, you are entering into a legally binding agreement with us. This agreement is comprised of these Terms of Service and our Privacy Policy. It is crucial that you read and fully understand these terms as they outline your rights, obligations, and limitations when using our services. Your continued use of our platforms signifies your complete acceptance of these terms, as well as any future amendments and additions, which may be posted on our website from time to time.

Changes to Terms and Conditions

We reserve the right to change, modify, or revise these terms and conditions at any time. Any changes will be effective immediately upon posting, and we will make reasonable efforts to notify you of such changes. Your continued use of our services following any changes constitutes your acceptance of the revised terms.

Third-Party Links Disclaimer

Our services may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

Severability

If any provision of these terms is found to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect. Any invalid or unenforceable provisions will be deemed severed from these terms but will not affect the validity and enforceability of any remaining provisions.

Service Modification

We reserve the right to modify, suspend, or discontinue any feature of our services at any time. We will make reasonable efforts to notify you of such changes.

Support and Customer Service

Currently, we offer support via email at [email protected]. A more comprehensive ticket system and phone support will be available in the future.

Software Updates

We frequently update our Software-as-a-Service (SaaS) solutions to address security vulnerabilities in dependencies. Feature updates, on the other hand, are generally released in larger updates.

Data Storage and Transmission

All data stored and transmitted through our SaaS solutions is encrypted and secured using industry-standard protocols. We take full responsibility for maintaining the integrity and security of your data within our service environment.

Access Rights

The purchaser of the service has the ability to manage access rights themselves. They can distribute their "Seats"/Licenses to additional members and authorize them using "Groups."

Audit Rights

We reserve the right to perform audits to ensure compliance with these terms and conditions. This may include reviewing your use of the service for violations of these terms or any applicable laws.

Emergency Plan

In the unlikely event of a data breach, we have an emergency action plan in place, as outlined in our Privacy Policy. Immediate steps will be taken to identify and contain the breach, and affected individuals will be notified as required by law.

Contract Duration and Renewal

We operate on a prepaid system. Services are "frozen" for a week after expiration, during which you can reactivate them by making a new payment. After this period, the services will no longer be available. All payments are made in advance through Stripe.

Subscription & Payment

Subscriptions for our SaaS solutions are facilitated through Stripe, a trusted third-party payment gateway. When you subscribe to our services, you agree to pay the subscription fees as determined at the time of subscription. These fees are billed according to the billing cycle you choose during the subscription process (e.g., monthly, annually). It is your responsibility to ensure timely payment to maintain uninterrupted service. Failure to complete payment could result in the suspension or termination of your services. All payments are non-refundable unless explicitly stated otherwise.

Intellectual Property Rights

All intellectual property rights in and to our services are owned by us or our licensors. You may not use, copy, or modify any such intellectual property without our express written consent.

Cloud Services & Hosting

Our Software-as-a-Service (SaaS) solutions are hosted on Hetzner Cloud, a reputable cloud service provider. We take responsibility for the maintenance, security, and availability of our services. While we strive for high uptime and reliability, there may be instances of downtime. These could be due to scheduled maintenance, software updates, or unforeseen issues. We will make reasonable efforts to inform you in advance about planned downtimes and work diligently to minimize any unplanned service interruptions.

Data Backup and Security

We take your data security seriously and implement industry-standard measures to protect against unauthorized access, loss, or alteration. Our systems perform regular data backups to ensure data integrity and availability. While we strive to offer a secure environment, no system can guarantee absolute security. Therefore, it's advisable for you to also maintain your own backup copies of any data you upload or store on our platform. In the event of data loss or security breaches, we will make reasonable efforts to notify you and restore the affected data, but we cannot be held liable for any loss of data or its consequences.

Indemnification

You agree to indemnify and hold harmless us, our officers, employees, agents, and licensors from any claims, losses, damages, or legal fees resulting from your violation of these terms, your use of the service, or your violation of any law or rights of a third party.

Limitations

While we make every effort to provide reliable and effective Managed Solutions and SaaS solutions, we cannot guarantee that our services will be entirely free from issues. Therefore, we shall not be liable for any indirect, consequential, or incidental damages, including but not limited to, loss of data, unauthorized access to data, business interruptions, or other damages that may arise from using our services. We disclaim all warranties, either express or implied, including warranties of merchantability and fitness for a particular purpose. Your use of our services is entirely at your own risk.

Force Majeure

Neither party will be responsible for failure or delay in performing obligations if such failure is due to unforeseeable and unavoidable circumstances beyond its reasonable control.

Termination

We reserve the right to suspend or terminate your subscription and access to our Software-as-a-Service (SaaS) solutions if you violate any of these terms, engage in fraudulent activities, or create legal liabilities for us or other users. In such cases, no refunds for any unused subscription period will be granted. You also have the right to terminate your subscription at any time, though any prepaid fees are generally non-refundable unless otherwise stated. Upon termination, your data will be retained for a limited time as per our data retention policies, after which it will be permanently deleted.

Dispute Resolution

Any disputes arising out of these terms will initially be resolved through mediation. If mediation fails, the dispute will be settled by binding arbitration.

Governing Law

These terms and conditions, as well as any disputes or claims arising from or related to them, are governed by the laws of Germany. By using our services, you irrevocably submit to the exclusive jurisdiction of the courts located in Germany for the resolution of any legal matters arising from these terms. This applies regardless of where you are located or from where you access our services

Termination

We reserve the right to terminate contracts at any time if we decide not to continue doing business with a customer. This explicitly includes services related to the registration, renewal, and transfer of domains. Customers will be notified of such a decision with reasonable notice to allow for alternative arrangements to be made.

Limitation of Liability

Our liability for indirect, consequential, or other non-direct damages is excluded to the extent permitted by law. This also applies to services related to domain registrations, renewals, and transfers.

Jurisdiction

For all disputes arising from or in connection with these Terms of Service, the competent court in Stuttgart, Germany, shall have exclusive jurisdiction.

Retention of Title

All services provided by us, including related software and content, remain our property until full payment of all associated fees. This also applies to domains until their respective fees are settled.

Usage Rights

Customers are granted a non-exclusive right to use the services, including domains registered, renewed, or transferred through us, provided that all associated fees are paid and the use is in compliance with these Terms of Service as well as all applicable laws and regulations.

Acceptable Use Policy

Our services must only be used for lawful purposes. You agree not to use our services to:

• Distribute material that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Interfere with or disrupt the services or networks connected to the services, including attempting unauthorized access to our services, other accounts, computer systems, or networks connected to any of our services, through hacking, password mining, or any other means.
• Send spam or any other form of unsolicited messages.
• Impersonate any person or entity, including, but not limited to, a company official, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Infringe on the intellectual property rights of others in any way.

Violations of this policy may result in immediate termination of your services and further legal action.

Backup and Data Loss

The security of your data is important to us. We take reasonable technical measures to protect and secure your data. However, it is your responsibility to maintain regular backups of your data. We are not responsible for the loss of data or for data recovery associated with any actions by you or third parties, technical failures, or other causes beyond our control. We strongly recommend implementing your own backup strategies to prevent data loss.

Cancellation Policy

Cancellation of services (such as domains and other services) must occur before the contractually agreed renewal period, with a notice period of one month. This allows us to take appropriate actions and, if necessary, make technical adjustments (e.g., disabling automatic renewal of domains). Cancellations must be submitted in writing through the communication channels we provide (e.g. per email using [email protected]). Cancellations not made in a timely manner will result in the automatic renewal of the service and the corresponding charge of fees.

Domain Management

This section outlines the terms and conditions governing the registration, renewal, transfer, and management of domain names through our service.

• Role as Intermediary: We serve as an intermediary between you and the domain registration authorities for the purpose of domain registration and maintenance.
• Intellectual Property: You guarantee that the domain name you are registering or have already registered does not infringe upon or violate the rights of any third party.
• Payment and Activation: We reserve the right to activate or renew your domain only after receiving the agreed-upon fees.
• End of Contract and Termination: Upon the termination of this agreement, we reserve the right to either return the domain to the relevant registration authority or to delete it.
• Governing Laws and Disputes: These terms are governed by the laws of the jurisdiction in which our business operates.

Domain Reselling Services

As an authorized reseller of InterNetX, we provide comprehensive domain registration, renewal, and transfer services. Our role is to act as a bridge between you, our valued customers, and InterNetX, ensuring a smooth and efficient management of your domain portfolio.

Responsibilities and Compliance

Customers are expected to provide accurate and complete information for the purpose of domain registration, renewal, and management. You are also responsible for ensuring that the domain name selected does not infringe on any third-party rights or violates any existing trademark laws.

Fees, Payments, and Transactions

All transactions related to domain services, including but not limited to registration, renewal, and transfer fees, must be settled upfront. Pricing will be clearly communicated at the time of transaction and may be subject to change based on prevailing rates from InterNetX.

Domain Availability and Registration

Domain registration is subject to availability and on a first-come, first-served basis. We make no guarantees regarding the availability of a domain until the registration process has been successfully completed.

Renewal and Expiration Policy

We will notify customers in advance of their domain's expiration. Failure to renew a domain by the expiration date may result in its loss. It is the customer's responsibility to maintain current contact information and respond to renewal notices promptly.

Transfer of Domains

Customers wishing to transfer domains to or from our service must comply with our transfer policy as well as any requirements set by InterNetX and the relevant domain authority.

Liability and Disputes

We shall not be liable for any disputes arising from the registration or use of a domain name. It is the customer's duty to ensure that their domain name does not conflict with any third-party rights. In the case of a dispute, the customer is responsible for any legal costs or damages incurred.

Changes to Terms

We reserve the right to modify these domain reselling terms at our discretion. Changes will take effect immediately upon posting to our website or direct communication to you, the customer.

Last updated: 02.02.2024