Terms and conditions

1. Scope

The following terms apply to all contracts for the use of the cloud service. The terms are available for the duration of the contract in the currently valid version on the Provider's website under /terms. General terms and conditions of the customer do not apply.

2. Subject

2.1. The provider provides the customer with software-as-a-service (SaaS) services via the Internet in the area of virtual meeting software, including the provision of the necessary storage space (hereinafter "Application"). The application enables testing of e-mail dispatch via SMTP. For this purpose, a so-called inbox or virtual SMTP server is provided, which makes it possible to test sent e-mails from the customer's application.

2.2. An integral part of the application is the paid transfer of the provider's application for use over the Internet and the provision of storage space on the provider's servers.

2.3. The provider is permitted to involve subcontractors in the allocation of storage space and generally in the provision of the Cloud Service. The use of subcontractors does not release the provider from its general obligation to the customer to fully perform the contract.

3. Software leasing

3.1. For the duration of the contract, the provider provides the customer with the application in the respective current version via the Internet. For this purpose, the Provider sets up the software on a server that is accessible to the Customer via the Internet. The prerequisites required by the Provider to use the application (in particular the necessary browser) are specified in the system requirements of the application. The customer himself is responsible for creating the technical prerequisites necessary for the contractual use of the functionalities.

3.2. The respective current scope of functions of the application results from your current service description according to the present offer.

3.3. The provider will continue to develop the application and will improve it through continuous updates. The new versions may also include functional enhancements. The customer has no right to create new versions or to include certain additional functionalities in the application.

4. Granting of rights

4.1. The provider grants the customer the non-exclusive and non-transferable right to use the application described in this agreement for the duration of the agreement within the framework of the cloud services as intended.

4.2. The customer is not entitled to make the application available for use by third parties, either against payment or free of charge. The customer is therefore expressly not permitted to sublet the application.

4.3. The contents stored by the customer on the storage space intended for him may be protected by copyright and data protection law. By placing content in the Cloud Service, the Customer grants the Provider in each case a free and transferable right of use of the respective content, in particular for storing the content on the server provided by the Provider for processing and reproduction and transmission via the Internet, insofar as this is necessary for the fulfilment of the usage contract. If the customer removes the posted content from the Cloud Service, the right of use and exploitation granted to the provider expires. However, if required by law or ordered by a court or official authority, the Provider shall remain entitled to retain copies made for backup and verification purposes.

5. Storage space

5.1. The provider provides the customer with a defined storage space on a server to store his data. The customer can store content on this server up to an extent defined in the price list and agreed upon at the conclusion of the contract. If the agreed storage space for storing data is no longer sufficient, the Provider shall notify the Customer thereof. The customer can reorder corresponding contingents subject to availability from the provider.

5.2. The provider shall ensure that the stored data can be retrieved via the Internet.

5.3. The customer is not entitled to give this storage space to a third party for use in part or in full, against payment or free of charge.

5.4. The customer must not store any content on the storage space whose provision, publication or use violates applicable law or agreements with third parties.

5.5. The provider is obliged to take suitable precautions against data loss and to prevent unauthorised access to the customer's data by third parties. For this purpose, the provider will make regular backups

5.6. In any case, the customer remains the sole owner of the data and can therefore demand the release of individual or all data at any time.

6. Support

The Provider shall answer the Customer's enquiries regarding the use of the contractual application and the other Cloud services during normal business hours (Monday to Friday 09:00 - 16:00 hours) by telephone or in text form within five working days of receipt of the respective question. Support requests are accepted exclusively by e-mail at the address .

7. Duties of the customer

7.1. The customer undertakes not to place any illegal content that violates applicable laws, official regulations or the rights of third parties on the storage space provided.

7.2. The customer is obliged to prevent unauthorised access by third parties to the protected areas of the application by taking suitable precautions. For this purpose, the customer shall, if necessary, inform his employees of the compliance with copyright law.

7.3. Notwithstanding the Provider's obligation to backup data, the Customer is responsible for entering and maintaining the data and information required to use the Cloud Services.

7.4. The customer is obliged to check his data and information for viruses or other harmful components before input and to use state-of-the-art virus protection programs for this purpose.

7.5. The customer will generate a password for access to the use of the application itself, which is required for further use of the application. The customer is obliged to keep his access data, in particular his password, secret and not to make it accessible to third parties.

7.6. The contents stored by the customer on the storage space intended for him may be protected by copyright and data protection law. The customer hereby grants the provider the right to make the contents stored on the server accessible to the customer when the customer queries it via the Internet and, in particular, to reproduce and transmit them for this purpose and to reproduce them for the purpose of data backup.

7.7. The customer himself remains responsible for compliance with commercial and tax law retention periods and other accounting or archiving obligations. In this respect, the Provider expressly clarifies that the application is not suitable for the fulfilment of the aforementioned obligations or compliance with the deadlines and that separate accounting by the Customer remains necessary in this respect./p>

7.8. The customer is prohibited from any activities on or in connection with the use of the application that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors. In particular, the customer is prohibited from the following activities:

the posting of content that violates data protection laws and other laws;
the use of content that is protected by law or encumbered with third-party rights (e.g. copyrights) without being expressly authorized to do so

7.9. The customer assures that he will only store data that are related to his business activities (fair use policy). Furthermore, the customer is prohibited from the following activities when posting his own content:

the spread of viruses, malware and other harmful files;
the sending of junk or spam mails and chain letters
the spread of offensive, indecent, sexually explicit, obscene or defamatory content or communication, or content or communication likely to promote or encourage (either explicitly or implicitly) racism, fanaticism, hatred, physical violence or unlawful acts.

The customer is also prohibited from any action that is likely to impair the smooth operation of the application, in particular from placing an excessive load on the provider's systems. If there is a suspicion of illegal or punishable acts of the customer, the provider is entitled and, if necessary, also obliged to check the activities of the customer and, if necessary, to take appropriate legal action.

8 Compensation

8.1. The customer undertakes to pay the Provider the agreed monthly fee plus statutory VAT for the provision of the application and the granting of storage space. Unless otherwise agreed, the remuneration shall be based on the price list of the Provider valid at the time of conclusion of the contract. These can be viewed in their current form under /prices .

8.2. Furthermore, the Provider reserves the right to adjust the prices to be paid on the basis of this contract at his reasonable discretion in line with the development of those costs which are decisive for the price calculation. A price increase shall be considered and a price reduction shall be made if, for example, the costs for the IT infrastructure or other running costs increase or other changes in the legal framework lead to a changed cost situation. Increases in one type of cost may only be used for a price increase to the extent that there is no compensation for any declining costs in other areas. In the event of cost reductions, the Supplier shall reduce prices, unless these cost reductions are fully or partially offset by increases in other areas. In exercising its reasonable discretion, the Supplier shall select the respective points in time of a price change in such a way that cost reductions are not taken into account according to standards that are less favourable to the Customer than cost increases, i.e. cost reductions shall have at least the same effect on prices as cost increases.

8.3. Objections to the billing of the services provided by the Provider must be raised in writing by the Customer within a period of four weeks after receipt of the invoice at the office indicated on the invoice. After expiry of the aforementioned period, the invoice shall be deemed to have been approved by the customer. When sending the invoice, the Provider shall specifically draw the Customer's attention to the significance of his conduct.

9. Liability for defects/liability

9.1. The provider ensures the functionality and operational readiness of the application according to the provisions of this contract.

9.1. In the event that services of the Provider are used by unauthorised third parties using the Customer's access data, the Customer shall be liable for any resulting fees within the scope of civil law liability until receipt of the Customer's order to change the access data or report the loss or theft, if the Customer is at fault for the access of the unauthorised third party.

9.2. The provider is entitled to immediately block access to the application if there is a well-founded suspicion that the stored data is illegal and/or violates the rights of third parties. A well-founded suspicion of illegality and/or violation of rights exists in particular if courts, authorities and/or other third parties inform the provider of this. The provider must inform the customer of the block and the reason for it immediately. The block is to be lifted as soon as the suspicion is invalidated.

9.3. Claims for damages against the provider are excluded regardless of the legal basis, unless the provider, his legal representatives or vicarious agents have acted with intent or gross negligence. The provider shall only be liable for slight negligence if one of the obligations essential to the contract has been violated by the provider, his legal representatives or executive employees or vicarious agents. The provider is only liable for foreseeable damages, the occurrence of which must typically be expected. Essential contractual obligations are those obligations which form the basis of the contract, which were decisive for the conclusion of the contract and on whose fulfilment the customer may rely.

9.4. The provider is not liable for the loss of data insofar as the damage is due to the fact that the customer has failed to carry out data backups and thereby ensure that lost data can be restored with reasonable effort.

9.5. The provider is liable without limitation for damages caused intentionally or negligently from injury to life, body or health by the provider, his legal representatives or agents.

10. Contract period and cancellation

10.1. The contract is concluded for an indefinite period. After successful login and registration by the customer, the contractual relationship begins with the Provider's confirmation and can be terminated by either party at any time with a 30-day notice period for monthly subscriptions. In the case of annual subscriptions, the contractual relationship can be terminated at the earliest after one year has elapsed; the period of notice is 30 days to the end of the contractual year. Otherwise, the annual subscription is extended by a further year.

10.2. The right of each party to the contract to terminate the contract without notice for good cause remains unaffected. In particular, the Provider is entitled to terminate the contract without notice if the Customer fails to make due payments despite reminders and setting of a grace period or if the Customer violates the contractual provisions on the use of the Cloud Services. In any case, termination without notice requires that the other party receives a written reminder and is requested to eliminate the alleged reason for termination without notice within a reasonable period of time.

11 Privacy

11.1. The customer himself is responsible for any declarations of consent required by his contractual partners (in particular end customers and employees) in accordance with the current laws. The customer assures the provider to observe the legal requirements of data protection.

11.2. The Provider undertakes to maintain strictest silence about all confidential processes, in particular business or trade secrets of the Customer, which have come to his knowledge in the course of the preparation, execution and fulfilment of this contract and not to pass them on or use them in any other way. This applies to any unauthorized third parties, i.e. also to unauthorized employees of both the Provider and the Customer, unless the disclosure of information is necessary for the proper performance of the Provider's contractual obligations. In cases of doubt, the Provider shall obtain the Customer's consent before such disclosure.

12 Applicable law, place of jurisdiction

12.1. German law applies exclusively to the present contract.

12.2. The exclusive place of jurisdiction for disputes arising from this contract is Aachen.

13 Changes to these conditions

13.1. The provider reserves the right to change these terms and conditions at any time with effect, even within the existing contractual relationship, to a reasonable extent. The provider will inform the customer about planned changes of this terms in time. If the customer does not object to the validity of the new terms within six (6) weeks of notification or if he continues to use the Cloud Service after expiry of the notification, the amended terms shall be deemed to have been accepted by the customer. The Provider shall refer to these effects in the notification. If a customer objects to a change in the Terms and Conditions of Use, this shall be deemed to be termination of the contract by the customer without notice.

13.2. The provider reserves the right to change these terms and conditions at any time without requiring the consent of the customer,

if the change is only beneficial to the customer;
if the change is purely technical or process-related, unless it has significant effects for the customer;
insofar as the provider is obliged to ensure that the general terms and conditions comply with applicable law, in particular if the applicable legal situation changes;
to the extent that the provider thereby complies with a court judgment or official decision directed against it or
if the Provider introduces additional, completely new services, services or service elements that require a service description in the GTC, unless the previous usage relationship is changed to the disadvantage of the Provider.

14 Miscellaneous

14.1. Oral collateral agreements have not been made. Amendments, supplements and additions to this contract are only valid if they are agreed in writing between the contracting parties. This also applies to the amendment of this contractual provision.

14.2. Should a provision of this contract be or become invalid, this shall not affect the validity of the rest of the contract. The invalid provision shall be deemed to be replaced by a valid provision which comes closest to the economic purpose of the invalid provision. The same shall apply in the event of a contractual loophole.

15. Trial

15.1. A free trial version of the application can be provided to the customer for testing purposes for a limited period of time by the provider. A test version is not intended for use in day-to-day business operations. In all other respects, the following special terms and conditions shall take precedence over the other terms:

15.2. If the provider is made available to the customer free of charge in the form of a test version, different conditions apply. In this case, the Provider does not guarantee that the Provider has the features described under 1. and 3. or that it meets the expectations and demands of the Customer, nor that it works in combination with hardware or application software provided by third parties. Likewise, the Provider does not guarantee that the Provider will function without errors or that errors will be corrected. Furthermore, the Provider does not guarantee that the application is free of third-party rights.

15.3. The provider offers limited product support on a voluntary basis at its own discretion. The Provider reserves the right to make updates regarding the content of the application and the associated programs, files, documentation or other items.

15.4. The duration of the contractual relationship for the test version is determined at the end of each test. After successful login and registration by the customer, the contractual relationship begins with the Provider's confirmation and can be terminated by either party at any time with a 30-day period of notice, even if the term is unlimited. Unless otherwise agreed upon upon conclusion, the test period is 14 days. The contract ends automatically at the end of the test period.