General Terms and Conditions with Customer Information & Annex: Regulations for Provider Change

A. General Terms and Conditions with Customer Information

Scope
Services of the Provider
Changes to Services
Conclusion of Contract
Right of Withdrawal
Granting of Usage Rights by the Provider
Granting of Usage Rights by the Customer
Obligations of the Customer
Moderation and Restriction of Content
Compensation and Payment Terms
Contract Duration and Termination
Provider Change
Liability for Defects
Liability
Indemnification
Confidentiality
Changes to the GTC
Applicable Law, Jurisdiction
Alternative Dispute Resolution

B. Annex: Regulations for Provider Change

Scope
Definitions
Pre-Contractual Information
Change and Exit Plan
Initiation of the Change Process
Transition Period
Obligations of the Provider during the Change Process
Obligations of the Customer
Restoration and Deletion of Data
Compensation for the Change Process and Exit Fees
Termination of the Change Process
Contract Termination

A. General Terms and Conditions with Customer Information

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of ByteMike - Michael Schwarz c/o Online-Impressum.de #21869 (hereinafter "Provider") apply to all contracts for the provision of services in the area of Software-as-a-Service (hereinafter "SaaS") that a consumer or entrepreneur (hereinafter "Customer") concludes with the Provider regarding the services presented by the Provider on its website. The subject of the contract is the paid, temporally limited provision of software (hereinafter "Software") in digital form over the Internet, as well as the provision of storage space on the Provider's servers. The inclusion of the Customer's own conditions is hereby contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

1.4 The Software may contain links to services provided by third parties. These GTC do not apply to such services that are not provided by the Provider but by a third party. This also applies if the services are provided free of charge and/or if registration with the Provider is required for their use. For these services, only the GTC used by the third party or the statutory provisions in the relationship between the Customer and the third party apply. The Provider merely facilitates technical access to these services.

2) Services of the Provider

2.1 The Provider makes Software available to the Customer in digital form over the Internet for the duration of the agreed contract term. To this end, it enables the Customer to access the Software, which remains on the Provider's server. The scope of functions and the technical specifications of the Software are described in detail in the service description on the Provider's website. The Provider is only obligated to provide the Software with the functionalities defined in the service description. In particular, the Provider is not responsible for establishing and maintaining the data connection between the Customer's IT system and the Provider's server.

2.2 The Software will be updated by the Provider at irregular intervals. Accordingly, the Customer only receives a usage right to the Software in its current version. The Customer does not have a claim to achieve a specific state of the Software.

2.3 The Provider provides the Customer with limited storage space on its servers for the use of the Software. The extent of the storage space is described in detail in the service description on the Provider's website.

2.4 The services of the Provider are offered subject to availability. A 100 percent availability is not technically feasible and therefore cannot be guaranteed by the Provider to the Customer. However, the Provider strives to keep the service as consistently available as possible. In particular, maintenance, security, or capacity concerns, as well as events that are beyond the Provider's control (disruptions of public communication networks, power outages, etc.), can lead to disruptions or temporary suspension of the service.

2.5 The Provider takes measures for data backup that correspond to the state of the art. However, the Provider has no obligation to safeguard or take care of the data. The Customer is responsible for sufficient data backup.

2.6 The Provider provides the Customer with an electronic user manual.

2.7 The Provider offers additional support services. The content and scope of the support services are derived from the service description on the Provider's website.

3) Changes to Services

3.1 The Provider reserves the right to change the services offered or to offer differing services, unless this is unreasonable for the Customer.

3.2 Furthermore, the Provider reserves the right to change the services offered or to offer differing services,

to the extent that it is obligated to do so due to a change in the legal situation;
to the extent that it complies with a court ruling or an authority decision directed against it;
to the extent that the respective change is necessary to close existing security gaps;
if the change is solely beneficial for the Customer; or
if the change is purely technical or procedural in nature without significant impact on the Customer.

3.3 Changes with only insignificant impact on the Provider's services do not constitute changes to services within the meaning of this clause. This particularly applies to changes of a purely graphical nature and the mere alteration of the arrangement of functions.

4) Conclusion of Contract

4.1 The services described on the Provider's website do not constitute binding offers from the Provider but serve to submit a binding offer by the Customer.

4.2 The Customer can submit the offer via the online order form provided on the Provider's website. In doing so, the Customer submits a legally binding contractual offer regarding the selected services by clicking the button that completes the ordering process after entering their personal data.

4.3 The Provider can accept the Customer's offer within five days,

by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
by requesting payment from the Customer after the submission of their order.

If multiple of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiration of the fifth day following the sending of the offer. If the Provider does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer, resulting in the Customer no longer being bound by their declaration of intent.

4.4 When submitting an offer via the Provider's online order form, the contract text is stored by the Provider after the conclusion of the contract and is transmitted to the Customer in text form (e.g., email, fax, or letter) after the submission of their order. No further accessibility of the contract text by the Provider will occur. If the Customer has set up a user account for the Provider's website before submitting their order, the order data will be archived on the Provider's website and can be retrieved by the Customer free of charge via their password-protected user account by providing the corresponding login details.

4.5 Before the binding submission of the order via the Provider's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their entries within the electronic ordering process as long as they use the usual keyboard and mouse functions until they click the button that completes the ordering process.

4.6 The German language is available for the conclusion of the contract.

4.7 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Provider can be received at this address. In particular, the Customer must ensure that all emails sent by the Provider or by third parties commissioned by the Provider with order processing can be delivered, especially when using SPAM filters.

5) Right of Withdrawal

Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Provider's withdrawal instruction.

6) Granting of Usage Rights by the Provider

The provider holds all usage rights necessary for the provision of the software. Unless otherwise stated in the service description on the provider's website, the provider grants the customer a non-exclusive, non-transferable, and limited right to use the software for private as well as business purposes within the framework of these terms and conditions for the duration of the contract. Any use of the software beyond this is not permitted.

7) Granting of Usage Rights by the Customer

The provider is entitled to use content and information provided to it by the customer in the context of its contractual obligations for the service, and whose processing is necessary for the proper provision of services. The customer grants the provider the necessary usage rights free of charge, non-exclusively, and limited to the duration of the contract, in particular the right to permanent retention and storage, the right to reproduce, and the right to process, and assures that it is entitled to grant these usage rights.

8) Obligations of the Customer

8.1 The customer is responsible for ensuring that the hardware and software used by them, including workstations, routers, data communication devices, etc., meet the technical minimum requirements for using the currently offered software version.

8.2 The customer is obliged to protect and safeguard the access data provided to them according to the state of the art against access by third parties. The customer ensures that usage occurs only within the contractually agreed scope. Unauthorized access by third parties must be reported to the provider without delay.

8.3 The customer may not store any data on the provided storage space whose use violates applicable law, official requirements or orders, the rights of third parties, or agreements with third parties.

8.4 The content stored by the customer in the designated storage space may be protected by data protection laws. The customer is responsible for checking whether the use of personal data by them meets data protection requirements.

8.5 The customer is responsible for regularly making appropriate data backups.

8.6 The customer is obliged to check their data and information for viruses or other harmful components before entering them and to use measures corresponding to the state of the art (e.g., antivirus programs) for this purpose.

8.7 The customer ensures that programs, scripts, etc., installed by them do not endanger the operation of the provider's server or communication network or the security and integrity of other data stored on the provider's servers.

8.8 If programs, scripts, etc., installed by the customer endanger or impair the operation of the provider's server or communication network or the security and integrity of other data stored on the provider's servers, the provider may deactivate or uninstall these programs, scripts, etc. If the elimination of the danger or impairment requires it, the provider is also entitled to interrupt the connection of the content stored on the server to the internet. The provider will inform the customer of this measure without delay.

9) Moderation and Restriction of Content

9.1 The provider is generally not obliged to proactively check the legality of content posted by customers or its compatibility with the rights of third parties or these terms and conditions. However, the provider reserves the right to check customer content for legality on its own initiative in individual cases and to take measures in the event of identified violations in accordance with the following provisions.

9.2 Customers and affected third parties can report allegedly illegal content to the provider using the contact information in the provider's imprint (e.g., via email). The provider is free to forward the content of a report to the customer who posted the reported content. The identity of the reporting person will only be disclosed to the customer if absolutely necessary.

9.3 In the case of reports and as part of any checks carried out on the provider's own initiative, a human content review will generally take place. In individual cases, automated technical review procedures may be additionally employed.

9.4 If the illegality of content published by the customer is determined in response to a report or as part of a check initiated by the provider, the provider is entitled to take one or more of the following measures at its reasonable discretion without prior notice or contact:

Warning of the publishing customer,
Temporary blocking or permanent deletion of the affected content,
Temporary or permanent suspension of the contractually assumed obligations,
Termination of the contractual relationship (ordinary or extraordinary for good cause).

9.5 In choosing the measures to be taken, the provider will consider the principles of proportionality and weigh the interests of the affected customer against its own interests in the unhindered, uninterrupted, and integral continuation of its business activities. Criteria that will be considered in imposing a measure include:

the statement and meaning of the specific content and its potential for violation or danger,
the frequency of the publication of inadmissible content by the customer,
the ratio of the publication of inadmissible content by the customer to their other use of services,
if recognizable, the intentions pursued by the customer with the publication of inadmissible content,
if recognizable, the existence and degree of fault of the publishing customer.

9.6 If customers frequently submit obviously unfounded reports or complaints, the provider will suspend the processing of reports and complaints from these customers for a reasonable period after prior warning.

10) Compensation and Payment Terms

10.1 Unless otherwise stated in the provider's service description, the prices stated are total prices. Value-added tax does not apply, as the provider is exempt from VAT as a small business.

10.2 The payment options and payment modalities will be communicated to the customer on the provider's website.

10.3 The compensation will be billed by the provider in advance for the agreed service period and can be paid by the customer via bank transfer to the bank account specified by the provider. Unless otherwise stated in the content of the invoice, the invoice amount is due for payment immediately.

10.4 If a payment method offered via the payment service "Stripe" is selected, the payment processing will be carried out through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe will be communicated to the customer on the provider's website. To process payments, Stripe may use other payment services, for which special payment conditions may apply, of which the customer may be separately informed. Further information about Stripe can be found online at https://stripe.com/de.

11) Contract Duration and Termination

11.1 The contract is concluded for an indefinite period and can be terminated by the customer at any time without notice and by the provider with a notice period of 14 days.

11.2 The right to extraordinary termination for good cause remains unaffected. A good cause exists if, considering all circumstances of the individual case and weighing both parties' interests, the continuation of the contractual relationship until the agreed termination or until the expiration of a notice period cannot be reasonably expected from the terminating party.

11.3 Terminations can be made in writing, in text form (e.g., via email), or electronically via the termination facility (termination button) provided by the provider on its website.

11.4 With the termination of the contract, the customer loses access to their user account. Furthermore, with the termination of the contract, the provider's obligation to store the customer's uploaded data also ceases.

12) Provider Change

If the customer wishes to switch to another provider or to an ICT infrastructure in their own premises, the regulations in the annex regarding provider changes, which are attached to these terms and conditions as an appendix, shall apply.

13) Warranty

If the customer acts as a consumer, the provisions of statutory warranty law apply.

If the customer acts as a business, the provisions of statutory warranty law apply with the following limitations.

13.1 The customer must immediately report any defects, disturbances, or damages to the provider.

13.2 The warranty for only minor reductions in the suitability of the service is excluded.

13.3 The liability without fault according to § 536a Abs. 1 BGB for defects that were already present at the time of the conclusion of the contract is excluded.

13.4 A termination by the customer due to non-granting of the contractually agreed use is only permissible if the provider has been given sufficient opportunity to remedy the defect and this has failed. A failure to remedy the defect is only assumed if it is impossible, if it is refused by the provider or is delayed in an unreasonable manner, if there are reasonable doubts regarding the prospects of success, or if for other reasons there is an unreasonable burden on the customer.

14) Liability

14.1 The provider is liable for all contractual, quasi-contractual, and statutory claims, including tort claims for damages and reimbursement as follows:

14.2 The provider is fully liable for any legal reason

in cases of intent or gross negligence,
in cases of intentional or negligent injury to life, body, or health,
based on a guarantee promise, unless otherwise regulated,
based on mandatory liability, such as under the Product Liability Act.

14.3 If the provider negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability is stipulated according to the preceding clause. Material contractual obligations are those obligations that the contract imposes on the provider according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract and on which the customer can regularly rely.

14.4 In all other respects, the provider's liability is excluded.

14.5 The above liability provisions also apply with respect to the provider's liability for its vicarious agents and legal representatives.

15) Indemnification

The customer indemnifies the provider from all claims that other customers or third parties assert against the provider due to violations of their rights based on content provided by the customer or due to its other use. The customer also assumes the necessary costs of legal defense, including all court and attorney fees at statutory rates. This does not apply if the legal violation is not attributable to the customer. The customer is obliged to provide the provider with all information necessary for the examination of the claims and a defense immediately, truthfully, and completely in the event of a claim by third parties.

16) Confidentiality

The provider undertakes to maintain confidentiality regarding all confidential information that it becomes aware of in connection with this contract and its execution and not to disclose it to third parties. Confidential information is information that is marked as confidential or whose confidentiality arises from the circumstances, regardless of whether it has been communicated in written, electronic, embodied, or oral form. The confidentiality obligation does not apply to the extent that the provider is legally obliged to disclose the confidential information due to statutory or legally binding authority or court decisions.

17) Changes to the Terms and Conditions

17.1 The provider reserves the right to change these Terms and Conditions at any time, provided the customer agrees to the change.

17.2 Furthermore, the provider reserves the right to change these Terms and Conditions without the customer's consent,

to the extent that it is obliged to do so due to a change in the legal situation;
to the extent that it complies with a court ruling or an authority decision directed against it;
to the extent that it introduces additional, entirely new services, services, or service elements that require a service description in the Terms and Conditions, unless the existing usage relationship is adversely affected;
if the change is solely beneficial to the customer; or
if the change is purely technical or procedural, unless it has significant effects on the customer.

17.3 The provider will inform the customer in a timely and appropriate manner about significant changes to these Terms and Conditions. Significant changes are those that would significantly shift the contractual relationship to the detriment of the customer or would be equivalent to the conclusion of an entirely new contract. This includes provisions regarding the nature and scope of the service or regarding the contract duration and termination modalities.

17.4 The customer's right to terminate remains unaffected.

18) Applicable Law, Jurisdiction

For all legal relationships of the parties, the law of the Federal Republic of Germany applies. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

19) Alternative Dispute Resolution

The provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

B. Annex: Provisions for Changing Providers

1) Scope

The following provisions apply in the event that the customer wishes to switch to another provider or to an ICT infrastructure in their own premises.

2) Definitions

2.1 „Data processing service“ within the meaning of these Terms and Conditions is a digital service provided to the customer that enables comprehensive and on-demand access to a shared pool of configurable, scalable, and elastic computing resources of centralized, distributed, or highly distributed nature, which can be rapidly provisioned and released with minimal management effort or minimal interaction from the provider.

2.2 „Digital assets“ within the meaning of these Terms and Conditions are elements in digital form – including applications – for which the customer has a usage right, regardless of the contractual relationship with the data processing service they wish to switch from.

2.3 „ICT infrastructure in own premises“ within the meaning of these Terms and Conditions are ICT infrastructure and computing resources that are owned by the customer or rented or leased by the customer and that are located in the customer's data center and operated by them or a third party.

2.4 „Switch“ within the meaning of these Terms and Conditions is a process involving the provider, the customer, and, if applicable, a succeeding provider of data processing services, in which the customer switches from using the provider's data processing service to using another data processing service of the same type or another service offered by a different provider of data processing services or one offered by an ICT infrastructure in their own premises, including through extraction, transformation, and uploading of data.

2.5 „Exportable data“ within the meaning of these Terms and Conditions are input and output data including metadata that are generated directly or indirectly through the customer's use of the data processing service or jointly generated, excluding the provider's or third parties' assets or data that are protected by intellectual property rights or constitute a trade secret.

3) Pre-Contractual Information

3.1 Before ordering the data processing services, the provider shall provide the customer with clear information on the following points:

its standard compensation and, if applicable, penalties for early termination;
the switching fees;
services that require a highly complex or costly switch or for which a switch is not possible without significant impairment of data, digital assets, or service architecture, if relevant;
specific services for which the obligations for switching and termination do not apply, if applicable;
a complete list of categories of data and digital assets that can be transferred, including at least all exportable data;
a complete list of categories of data that are specific to the internal functioning of the provider's data processing service and are exempt from the obligation to export data if there is a risk of violating the provider's trade secrets;
clear information about known risks to the continuity of the provision of the provider's functions or services.

3.2 The provider's online register of data structures and formats, relevant standards, and open interoperability specifications for data is available on the provider's website.

to switch to another provider of data processing services. In this case, the customer should provide the necessary information about the target provider;
to switch to a local ICT infrastructure of the customer; or
not to switch, but only to delete their exportable data and digital assets.

5.3 The provider will confirm receipt of the switch notification to the customer no later than within 3 working days via the same communication method used by the customer.

6) Transition Period

6.1 The transition period is 30 calendar days and begins with the expiration of the notice period to initiate the switching process.

6.2 If the provider cannot adhere to the agreed transition period for technical reasons, they commit to:

notify the customer in writing or in text form within 14 working days of receiving the termination;
specify an alternative transition period that must not exceed seven (7) months from the date of the customer's termination notice; and
provide a reasonable justification for the technical impossibility.

The customer must confirm receipt of this extension notification in writing or in text form within 3 working days.

6.3 The customer may extend the transition period once by a duration they consider reasonable for their purposes, but not longer than 3 months. In the case of complex migrations, the parties may mutually agree on a longer period, but not exceeding 12 months. The customer must inform the provider in writing or in text form of their intention and specify the alternative transition period by the end of the original transition period. The provider will confirm receipt of such an extension notification in writing or in text form within 3 working days.

7) Provider's Obligations During the Switching Process

The provider commits to reasonably support the customer and third parties commissioned by the customer from the beginning and throughout the entire duration of the switching process, so that the customer can switch within the agreed transition period. For this purpose, the provider must in particular:

provide capabilities, appropriate information (including the documents necessary for carrying out the switch), and technical support. If problems are identified, the provider and the customer will analyze the causes in good faith and work towards solutions;
act with due diligence to maintain business continuity and continue to provide the contractual functions or services;
maintain a high level of security throughout the entire switching process, particularly regarding the security of the data during its transmission.

8) Customer's Obligations

8.1 The customer commits to take all reasonable measures to achieve an effective switch. The customer is responsible for the import and implementation of data and digital assets into their own systems or into the systems of the target provider.

8.2 The customer or third parties commissioned by them, including the target provider, commit to respect the intellectual property rights and trade secrets of the materials provided by the provider during the switching process. The customer further commits to grant access to these materials to third parties or the target provider only to the extent necessary for the execution of the switching process until the end of the agreed transition period, including the alternative transition period, while respecting confidentiality obligations and the intellectual property rights granted by the provider.

9) Recovery and Deletion of Data

9.1 The customer may retrieve or delete their data during the agreed period for data retrieval. The period for data retrieval is 30 calendar days and begins after the expiration of the agreed transition period. The parties may agree on a longer period if this is warranted considering both parties' interests.

9.2 After the expiration of the agreed retrieval period and upon successful completion of the switching process, the provider commits to delete all exportable data and digital assets generated by the customer or directly related to the customer, and to confirm to the customer that this has been done. This does not apply to exportable data that the provider must retain under mandatory EU law or the law of EU member states, provided that the provider informs the customer which exportable data it retains, for how long, and for what reasons.

10) Compensation for the Switching Process and Exit Fees

The provider does not charge any additional compensation for the switching process.

11) Termination of the Switching Process

11.1 Once the customer informs the provider that the switching process has been successfully completed, the provider will promptly inform the customer of the termination of the contract. If the customer does not inform the provider of the successful switch or the absence thereof, although the provider has reasonable grounds to assume that the switch has been successfully completed by the customer, the provider may request confirmation from the customer that the switch has been successfully completed. If the customer does not confirm the successful switch within 30 working days of this request, it will be assumed that the switch was not successful, and the contract will not be terminated but will continue under the existing terms.

11.2 If the customer wishes not to switch but to delete their exportable data and digital assets, the provider commits to inform the customer at the end of the agreed notice period about the termination of the contract.

12) Termination of the Contract

12.1 The contract is considered terminated between the parties when one of the following events has fully occurred:

with the successful completion of the switching process;
after the expiration of the notice period, if the customer does not wish to switch but wants to delete their exportable data and digital assets upon termination of the service.

12.2 If the contract or the provider's terms and conditions contain clauses regarding termination due to legal provisions or related cases, such as the following:

a party applies for a payment deferral or a suspension of payments or a party has been declared insolvent;
a party has still not timely fulfilled a material or other obligation under the contract that (either contractually or legally) leads or could lead to a termination of the contract;
a party has become aware of a change in ownership or authority that leads or could lead to a termination of the agreement contractually or legally;
the agreement is declared void due to a breach of or a change in applicable mandatory law, or;
similar or identical situations or other situations that lead or could lead to a termination of the agreement contractually or legally,

the agreement along with the agreed services and functions is not terminated or does not expire before one of the events according to the preceding clause has clearly occurred. This does not affect other rights or remedies available to one party against the other party.

The customer may agree with the provider on success criteria for the switch as well as milestones for the switch and report the status of their achievement during the switching process. In any case, the customer must inform the provider about the successful switch.

12.3 If the switching process cannot be successfully completed, the parties must work together in good faith to improve the switching process and achieve a successful conclusion, enable timely data transfer, and maintain the continuity of services. In doing so, the provider must support the customer at their request in identifying the reasons for the unsuccessful switch and inform them how the identified obstacles can be removed or circumvented.

The customer will at their discretion involve the target provider on their behalf.
Notwithstanding other remedies available under applicable law, the agreement will not be terminated or expire before the successful completion of the switching process or before a corresponding decision by a competent court or a forum chosen and agreed upon by the parties.
In the event of conflicts or discrepancies between these clauses and other agreements regarding the termination of the contract between the parties, these clauses shall take precedence.

12.4 The switching process is considered successfully completed when:

the agreed notice period has expired,
the transition period has begun after the expiration of the notice period,
the data retrieval period has begun after the expiration of the transition period, and
the data deletion has been successfully completed after the expiration of the data retrieval period or after the expiration of an alternatively agreed period following the successful completion of the switching process.

12.5 If the customer decides at the end of the transition period not to delete all their exportable data and digital assets at the end of the agreed data retrieval period and wants to ensure that they remain available for a specific additional time with limited functionality, or if the customer and the provider have agreed to maintain the contract without the provision of certain services unless the customer expressly orders this, this can only occur after:

the agreed notice period has expired,
the transition period has expired, and
an alternative period for data retrieval and other conditions for the service with limited functionality or the maintenance of the contract between the customer and the provider have been agreed upon (in particular, the permission for the provider to delete the data after the alternative period for data retrieval and/or the determination of the compensation for this additional period).

If the alternative data retrieval period and other conditions for the service are proposed by the provider during this time, the contract may not be terminated or expire before the customer has accepted the deletion at their discretion and has explicitly confirmed that the contract is terminated.

12.6 The right of the contracting parties to terminate the contractual relationship in the case of an indefinite contract through ordinary termination remains unaffected, provided that the reason for termination does not lie in a change of provider or – on the part of the customer – in an intention to delete data.

12.7 If the contract has been explicitly concluded for a specific duration and the expiration date is reached before the switching process is completed, and the customer has not requested the deletion of their exportable data and digital assets,

the transition period begins with the expiration date of the contract and the provider provides reasonable support during the switch;
the above provisions regarding a successful or unsuccessful completion of the switching process apply accordingly.

As of: 01.12.2025, 03:00:01 AM

General Terms and Conditions with Customer Information & Annex: Regulations for Provider Change

Table of Contents

A. General Terms and Conditions with Customer Information

B. Annex: Regulations for Provider Change

A. General Terms and Conditions with Customer Information

1) Scope

2) Services of the Provider

3) Changes to Services

4) Conclusion of Contract

5) Right of Withdrawal

6) Granting of Usage Rights by the Provider

7) Granting of Usage Rights by the Customer

8) Obligations of the Customer

9) Moderation and Restriction of Content

10) Compensation and Payment Terms

11) Contract Duration and Termination

12) Provider Change

13) Warranty

14) Liability

15) Indemnification

16) Confidentiality

17) Changes to the Terms and Conditions

18) Applicable Law, Jurisdiction

19) Alternative Dispute Resolution

B. Annex: Provisions for Changing Providers

1) Scope

2) Definitions

3) Pre-Contractual Information

6) Transition Period

7) Provider's Obligations During the Switching Process

8) Customer's Obligations

9) Recovery and Deletion of Data

10) Compensation for the Switching Process and Exit Fees

11) Termination of the Switching Process

12) Termination of the Contract

Terms & Conditions