General Terms and Conditions

leitzcloud is an offer of LC by vBoxx GmbH, Friedrich-Ebert-Anlage 36, 60325 Frankfurt (leitzcloud). The following General Terms and Conditions (GTC) govern the business relationships between leitzcloud and its customers. Our offer is aimed at both entrepreneurs and consumers (see the terms and associated consequences under 1.). leitzcloud offers its customers the services offered under 4. on the homepage and with these GTC aims to ensure smooth service delivery and achieve high customer satisfaction.

1. General Provisions - Terms

"Consumer" - are (according to § 13 BGB) natural persons who do not use the service for commercial or independent professional activity.
"Entrepreneur" - Our service is exclusively aimed at entrepreneurs (i.e., business customers) within the meaning of § 14 BGB. This means that customers have no consumer right of withdrawal. Voluntary right of withdrawal is not granted to business customers.
"Customers" - are all persons who have registered with leitzcloud.
"User/Visitor" - means that one is viewing the leitzcloud websites or using services without registration. The term "User" refers to both a visitor and a customer.

2. Scope

These Terms and Conditions apply between us and our customers and govern the business relationship regardless of the customer's general terms and conditions, which do not apply in this regard. Our service is exclusively aimed at entrepreneurs in the sense mentioned above, consumer rights, in particular the right of withdrawal for consumers, do not exist. The terms and conditions regulate in particular the rights and obligations associated with the services and any other participation obligations of the customer. By using the leitzcloud services, you agree to this agreement, regardless of whether you are motivated by private or commercial reasons. You are only entitled to use the leitzcloud services if you comply with all applicable laws and agree to this agreement.

3. Conclusion of Contract

The contract between leitzcloud and you is concluded by accepting these terms and conditions and by leitzcloud's acceptance through order confirmation, but at the latest with the provision of services by leitzcloud.
You waive the receipt of the acceptance declaration by leitzcloud. We can refuse the conclusion of the contract, or withdraw from concluded contracts, if there is an important reason, for example, if there is a justified suspicion that you intend to use the services abusively.

4. Object of the Contract

The object of the contract between the parties is the regulations and services provided by leitzcloud, as specified in the respective service descriptions, price lists, or special agreements. Depending on the account, different amounts of data can be stored on a server protected against unauthorized access. The service enables you, among other things, to send files to third parties that are too large to be sent by email.
leitzcloud exclusively offers paid accounts with the option to purchase further paid upgrades. The duration of the services depends on the respective service chosen and begins with the provision of the services.
The prices for the individual paid services are listed in the respective valid price lists.
Further services result from the offers and service descriptions on our websites.

5. Free Trial Access

Users have the option to set up a trial account with full functionality for a period of 14 days. The functions and conditions are determined by the respective service description on the website. The trial access ends automatically. Before expiration, the user must set up a paid account to continue using the functions.

6. Provided Content

leitzcloud does not claim ownership of any texts, files, images, photos, videos, sounds, music works, copyrighted works or other materials that you upload to leitzcloud. You represent and warrant that uploading any content to leitzcloud does not violate applicable German and European law as well as privacy rights, advertising rights, intellectual property rights (including copyrights), contract rights, or other rights of any person.
You agree to take responsibility for resulting criminal and civil prosecution and to indemnify leitzcloud from all claims.
We may suspend or remove any user account from leitzcloud that violates applicable laws and/or this agreement. You are solely responsible for the content you upload to leitzcloud. leitzcloud has no control over the content.
The content is not reviewed by us and does not reflect the opinions and policies of leitzcloud. leitzcloud provides no warranty, either expressed or implied, for the behavior of users, for the content, or for the accuracy and reliability of content, materials or information that you uploaded.
The service, the associated software, and all information and images on the website are the intellectual property of leitzcloud. None of these elements may be copied or used without prior written permission.
If you send information to us, such as an error report or a suggestion for improvement, you grant us an unrestricted license to use that information for the service. This does not apply to information that you explicitly mark as confidential.

7. Costs / Compensation

All costs of the leitzcloud services will be published on the website, subject to possible errors and mistakes. All costs are due and payable in advance before the provision of these leitzcloud services.
Payment can be made by direct debit, bank transfer to the leitzcloud account, credit card, PayPal transfer or as explained in detail on the website.
All prices, unless expressly stated otherwise, are subject to (exclusive of) statutory value-added tax.
We reserve the right to change prices and features of the leitzcloud services. We will only inform users on the website if the fee for a service is changed. You are free to decide whether you want to continue to use these services. Your continued use of the service after the modified fee and its announcement on the website constitutes acceptance of the proposed fee modification.
We will announce price changes in such a way that you can terminate the usage relationship in compliance with the contractually agreed notice period before the new prices take effect. If you do not terminate after being informed of the new prices and continue to use paid services after their entry into force, the price change will become binding for the contracting parties.

8. Availability

We will make every effort to make the services of leitzcloud available to you at all times. leitzcloud guarantees an availability of the service of 99.9%.
It is the customer's responsibility to provide the necessary requirements for the proper receipt of the services, in particular to provide the corresponding receiving, playback and connection devices and to connect them in accordance with the operating instructions.
In addition, the customer is always responsible for making sufficient backup copies of his stored data and keeping them available.
Maintenance can be carried out at any time, even if this may affect the availability of the service. Maintenance will be announced in advance wherever possible.
leitzcloud may adjust the cloud performance from time to time. Your feedback and suggestions are welcome, but ultimately we decide which adjustments will be made.

9. Third-party Rights and Customer Obligations

If the customer/user violates the obligations mentioned, in particular statutory prohibitions or good morals, he/she shall be liable to us for compensation for all direct and indirect damages resulting therefrom, including financial damages. In addition, the customer/user undertakes to indemnify us against any claims by third parties - of any kind - resulting from the unlawfulness of the content uploaded or provided by leitzcloud and/or arising from the personal use of the services provided by leitzcloud. The indemnification obligation also includes the obligation to fully indemnify us against defense costs (e.g. court and attorney fees).
It is not permitted to use leitzcloud for a purpose that violates applicable law. This includes (among other things) the storage or transmission of data that is defamatory or racist through this service.
In particular, it is not permitted to use leitzcloud for the distribution of files that infringe applicable copyright law. Furthermore, it is expressly prohibited to disclose login data or publish download links for files. In the case of a company account, the latter restriction does not apply to employees.
Furthermore, it is prohibited:

To use inappropriate language;
To publish information or hyperlinks leading to information that infringes copyright;
To assist others in violating the rights of third parties, e.g. by linking to hacking tools or instructions for computer crime that are clearly written for the commission of crimes (and not for defense against them);
To violate the privacy of third parties, e.g. by disclosing personal data without permission or clear necessity, as well as repeatedly harassing third parties with unwanted messages;
If we determine that you have violated one or more of the above points or receive a complaint, we will issue a warning. If the warning does not lead to an acceptable solution, we may intervene to stop the violations. In urgent or serious cases, we may intervene without prior warning.
If, in our opinion, the further functionality of the computer systems or our network or third parties is actually damaged or endangered or threatened, e.g. by excessive transmission of emails or other data, loss of personal data or virus activity, we may take all measures that it deems appropriate to end or avert the damage or danger.
In addition, we are entitled to file a criminal complaint for offenses committed through the service or its use.

10. Warranty and Liability

leitzcloud shall only be liable for damages in case of intent and gross negligence. If leitzcloud breaches a material contractual obligation (cardinal obligation) in a manner that endangers the purpose of the contract, liability shall be limited to the typical damage that leitzcloud could reasonably foresee at the time of conclusion of the contract, unless the breach of duty is caused intentionally or through gross negligence. This limitation shall not apply in case of injury to life, body and/or health and in case of liability under the Product Liability Act.
To the extent that the customer is an entrepreneur, a legal entity under public law or a special fund under public law, liability is limited to the contractual fees paid by the customer with respect to the services, except in case of intent and gross negligence. The customer shall forfeit its claim if it does not notify us of the claim within one month after its origin.
We are not responsible for technical problems and disruptions within the internet that are not within our sphere of influence nor for errors, omissions, interruptions, loss, deletion, defect, theft, destruction, unauthorized access or modification of content uploaded by the customer to leitzcloud.
leitzcloud shall not be liable for loss of business, contract, profits, consequential damages or economic damages. This also applies in case the guaranteed availability has not been met. leitzcloud also does not assume any liability for damages caused by incorrect or faulty uploaded content, whether through leitzcloud's websites or in connection with leitzcloud services or services used by users/registered users of leitzcloud services or by any of the used devices or programs in connection with leitzcloud.

11. Contract Term and Termination

This Agreement shall become effective when you first use the Paid Service or start the Trial Period.
After the expiration of this term, the Agreement will be automatically renewed with the same conditions for the same period. If you have entered into this Agreement as a consumer, you may terminate it at any time after the first automatic renewal with one month's notice from the date of notification. Non-consumers may terminate the Agreement at the end of the clause mentioned above with one month's notice.
This Agreement shall remain in full force and effect while you use the leitzcloud Services or are a customer. Even after termination of your contract, this Agreement shall remain valid. You may allow your contract to lapse for any reason by terminating your contract in the client portal.
We may block your access to the leitzcloud Services or terminate your contract without notice to you if you:

fail to pay a due amount owed to us on time and/or
violate any of the terms of this Agreement.

We are entitled to terminate the Agreement if you have not used the Service at all in the last 18 months. In this case, we will send a reminder email to the email address associated with your account first.
You may export the data that you store or process through the Service at any time via the Service interface.

12. Data Protection

Our top priority is data protection and security! Therefore, we always strive to handle your personal data responsibly. We only collect, store and process personal data provided by you for use and registration to the extent necessary for contractual performance and permitted by law. We will process personal data confidentially and in accordance with the provisions of the EU General Data Protection Regulation and the new Federal Data Protection Act, and will not disclose it to third parties.
In addition, your personal data will only be used if you have expressly consented to this. You can revoke your consent at any time.
If you use our services as a business customer, we offer you a contract for order processing that complies with the requirements of Art. 28 GDPR. The responsibility for concluding this contract lies with you as the person responsible for data processing.
For more detailed information, please refer to our privacy policy.

13. Changes to the Terms and Conditions

leitzcloud reserves the right to change these terms and conditions at any time, to the extent necessary for compelling reasons, particularly due to changed legal requirements, technical changes or developments, regulatory gaps in the terms and conditions, changes in the market situation or other comparable reasons and if the changes do not unduly disadvantage the customer. Changes to the terms and conditions will be communicated to the customer in writing or by email at least four weeks before they become effective. The changes become effective if the customer does not object in writing or by email within this period of four weeks, and leitzcloud has pointed out this legal consequence to the customer in the notification of the changes. In case of objection, we reserve the right to terminate the usage relationship. Each notification of change will separately inform you about the consequences of the change and your right to object and/or terminate.

14. Final Provisions

All changes, additions, and terminations of contractual agreements require written form, as does the lifting of the written form requirement, insofar as these terms and conditions do not provide for the text form.
Offsetting or asserting a right of retention against claims by leitzcloud is only permitted with undisputed or legally established counterclaims.
German law applies to disputes arising from these terms and conditions. The exclusive place of jurisdiction for all disputes arising from or in connection with these terms and conditions is Frankfurt.
If individual provisions of these terms and conditions are or become invalid in whole or in part, 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. The same applies to any gaps in the agreements.
The law of the Federal Republic of Germany applies. The application of the UN Sales Convention is excluded.

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