Terms and Conditions

These General Terms and Conditions apply to all contracts for the use of the software solution of lowcloud UG (haftungsbeschränkt) i.G., Bielefeld (hereinafter "lowcloud"), which are concluded with customers. Deviating conditions of the customer are not recognized, even if they are not expressly contradicted.

lowcloud provides the customer with an automated deployment and control platform for the provision and management of full-stack applications. The aim is to support developers, DevOps teams, and IT managers in accelerating time-to-market, maintaining digital sovereignty, and fully automating infrastructure setup and maintenance ("contractual purpose"). The software is a SaaS service. The services are based on the individually selected plan according to the currently valid price list. Switching to a larger plan is possible at any time; switching to a smaller plan requires the consent of lowcloud.

The software may only be used by the customer and only within the scope of the contractual purpose. The customer undertakes to take appropriate security measures, in particular the use of secure passwords. He also undertakes to upload only lawful and authorized content and ensures that this does not violate the rights of third parties. In particular, content that violates laws or moral standards, as well as malware, is prohibited. lowcloud may remove content if there is a reasonable suspicion of a violation. The customer indemnifies lowcloud upon first request in the event of legal violations through the use of the software.

Upon request and by separate agreement, lowcloud can provide individual services for adapting the software. The conditions of these services are regulated in a separate contract.

lowcloud is not responsible for the connection between the customer's system and the Internet. The transfer point is the output router of the data center commissioned by lowcloud. Availability depends on the plan, but is at least 99% on an annual average for paid tariffs. Maintenance times, force majeure, and disruptions outside of lowcloud's sphere of influence are not taken into account.

lowcloud reserves the right to install updates regularly. Significant changes will be announced at least four weeks in advance. The customer has a right of objection in the event of significant changes. In the event of an objection, he may terminate the contract if necessary.

7.1 Prices and Payment Terms The remuneration depends on the selected plan according to the offer or valid price list. All prices are net plus statutory value-added tax. Payment is due in advance unless otherwise agreed. Payments are made by bank transfer. 7.2 Infrastructure Costs for Customer-Owned Account (BYOC) If the customer operates the infrastructure in his own customer account with the cloud provider (e.g., Hetzner), the customer bears the infrastructure costs incurred (server, storage, traffic) completely and directly vis-à-vis the cloud provider. The contractor's fee exclusively covers the service for setting up and managing the infrastructure. 7.3 Recharging for Managed Hosting via lowcloud If the infrastructure is operated via a lowcloud account (Managed Hosting), the infrastructure costs actually incurred by the cloud provider will be invoiced to the customer transparently and without any surcharge in addition to the agreed management fee.

lowcloud warrants that the software essentially corresponds to the agreed scope of services when used in accordance with the contract. Defects must be reported immediately and will be remedied within a reasonable period of time.

lowcloud is only liable without limitation in cases of gross negligence, intent, personal injury, and under the Product Liability Act. In the case of simple negligence, only in the event of a breach of essential contractual obligations, limited to the typical, foreseeable damage. Liability for data loss is excluded if the customer has not carried out proper data backup.

In the event of unauthorized use by the customer, the customer owes damages in the amount of the regular remuneration. Further claims remain reserved.

Claims for breach of duty expire after one year, except in cases of intent, gross negligence, or personal injury.

The software is protected by copyright. The customer receives a simple, non-transferable right of use for the duration of the contract. Further use, editing, or distribution is prohibited. The software may contain open-source components.

Feedback provided by the customer may be used and further developed by lowcloud without restriction.

If third-party content is licensed via the software, their conditions and the corresponding prices from the price list apply.

The customer may only set off against undisputed or legally established claims or assert rights of retention.

The contract term is 12 months and is extended by 12 months at a time unless terminated at least 30 days before expiry. Without an express agreement, the term is 1 month. Test periods are possible. If no termination occurs, the contract is extended by 12 months. Terminations must be in text form. The right to extraordinary termination remains unaffected.

Travel and accommodation costs as well as expenses incurred by the contractor or his employees in the context of the provision of services will be invoiced to the customer in addition to the agreed remuneration. This takes place either on the basis of a lump-sum agreement or according to the costs actually incurred, proven by corresponding receipts.

Both parties undertake to maintain confidentiality regarding all business information, insofar as it is not generally known or subject to mandatory disclosure by law. The customer allows lowcloud to use its name and logo for reference purposes, revocable in text form.

lowcloud processes personal data in accordance with the GDPR. As part of the registration, a data processing agreement in accordance with Art. 28 GDPR is concluded.

German law applies. The place of jurisdiction is Bielefeld. Changes to the contract must be made in writing. lowcloud does not participate in dispute settlement proceedings before a consumer arbitration board.

Should a clause be ineffective, the contract remains effective in all other respects. Verbal collateral agreements do not exist.

December 05, 2025