1. These Terms of Service (“Terms”) govern all legal relationships between you (“Customer” or “you”) and Cloud Companion (hereinafter “Cloud Companion,” “we,” or “us”), including any usage of our website at https://cloud-cm.com, our cloud-based solutions, and any other services (“Services”) we provide.
2. Consumers within the meaning of these Terms are natural persons who conclude a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneurs are natural or legal persons, or partnerships with legal capacity, who act in the exercise of their commercial or self-employed professional activities when concluding a legal transaction.
3. By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use our Services.
1. We reserve the right to modify or update these Terms at any time for valid reasons, such as changes in legal or regulatory requirements, expansions or improvements of our Services, or technical adjustments.
2. If we make any material changes, we will notify you in text form (e.g., email). Your continued use of our Services following notification of the changes constitutes acceptance of the updated Terms.
3. If you do not agree with the proposed changes, you may terminate the contract in accordance with § 17 before the changes come into effect.
1. Primary Services: Cloud Companion offers a variety of cloud-based solutions, consulting services, and technical support that may include, but are not limited to:
– Cloud-based software and platforms (e.g., Software as a Service,
Platform as a Service).
– Consulting and project management on cloud adoption and digital
transformation.
– Data migration, integration, and processing in compliance with applicable
data protection laws.
– Technical support, maintenance, and updates for any software or
services we provide.
2. Additional Services: From time to time, Cloud Companion may offer supplementary features, integrations, or modules that enhance or expand the core Services. These additional features may be governed by separate agreements or policies.
3. Service Boundaries: We do not accept liability for, and will not actively monitor, data or content that violates legal provisions or infringes third-party rights. The Customer is solely responsible for the legality and correctness of any data uploaded, stored, or processed via our Services.
1. Service Levels: We strive to provide reliable and continuous access to our Services. However, we do not guarantee uninterrupted availability unless a specific Service Level Agreement (SLA) has been concluded with you in writing.
2. Downtime and Maintenance: Periodic maintenance or updates may result in temporary interruptions. We will make reasonable efforts to inform you in advance of scheduled maintenance windows. Emergency maintenance or unscheduled downtime may occur when necessary to protect security or integrity.
3. Technical Requirements: You are responsible for ensuring that your hardware, software, and internet connection meet the minimum technical requirements necessary to use our Services effectively.
1. Non-Binding Presentation: Any information about our Services on our website or in brochures constitutes a non-binding invitation to place an order or request a proposal.
2. Binding Offer: By submitting a written or electronic request (e.g., clicking “Order,” sending an email, or completing a sign-up form), you make a binding offer to conclude a contract with Cloud Companion for the relevant Services.
3. Acceptance by Cloud Companion: The contract is concluded when Cloud Companion accepts your offer by sending an explicit order confirmation via email or by starting to render the Services.
1. Electronic Communication: We may process orders and communicate with you electronically (e.g., by email). You must ensure that the email address you provide is accurate and actively monitored.
2. Contract Storage: We do not store the complete contract text in a manner accessible to you at all times. Before finalizing your order, you have the option to save or print the Terms for your records.
1. Compliance with Law: You shall use the Services only in compliance with all applicable laws, regulations, and third-party rights. You agree not to upload or distribute any unlawful, infringing, or harmful content.
2. Prohibited Conduct: You are prohibited from engaging in activities that interfere with or disrupt the normal operation of our Services (e.g., hacking, phishing, or unauthorized access).
3. Breach of Obligations: Cloud Companion reserves the right, at its sole discretion, to suspend or terminate your account if there are reasonable grounds to believe you are in breach of these Terms.
1. Account Security: If you are provided with a user account or access credentials, you must keep such credentials confidential and promptly inform us of any unauthorized use.
2. Liability for Misuse: You are responsible for all actions taken through your account. Cloud Companion is not liable for damages arising from stolen or misused credentials.
1. Responsibility for Data: You warrant that you have all necessary rights and permissions to use, process, and store any data or content you upload or handle within Cloud Companion’s Services.
2. Indemnification: You agree to indemnify and hold harmless Cloud Companion against any claims, damages, or expenses arising from third-party allegations that content you provided violates the law or infringes third-party rights.
1. GDPR and BDSG Compliance: We comply with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG), to the extent applicable.
2. Separate Data Processing Agreement (DPA): Where Cloud Companion processes personal data on your behalf, a separate DPA will be concluded in accordance with Article 28 GDPR, defining additional rights and obligations regarding data protection.
3. Privacy Policy: Further information on how we handle personal data is provided in our Privacy Policy, available at https://cloud-cm.com. By using our Services, you acknowledge and agree to our data handling practices.
1. Security Measures: We maintain appropriate technical and organizational measures (TOMs) to safeguard your data against unauthorized access, loss, or alteration, consistent with industry best practices and applicable legal requirements.
2. Security Incidents: In the event of a data breach or other security incident affecting your data, we will notify you without undue delay and take all reasonable steps to mitigate any harmful effects.
1. Property of Cloud Companion: Unless explicitly stated otherwise, all servers, hardware, software, and documentation used or provided by Cloud Companion remain our property or the property of our licensors.
2. Limited Right of Use: For the duration of the contract, Cloud Companion grants you a revocable, non-exclusive, and non-transferable license to access and use our software and Services solely for your own internal business purposes.
3. Reservation of Rights: We and/or our licensors retain all intellectual property rights (including copyrights, trademarks, patents, and trade secrets) in any materials, software, or content provided.
1. Your Content: You retain all rights to any data or content that you create, upload, or store within our Services.
2. License to Perform Services: You grant Cloud Companion a worldwide, royalty-free license to process, store, and otherwise use your content as necessary to perform the agreed Services.
3. Backups: Unless otherwise agreed, it is your responsibility to maintain current backups of your content. Cloud Companion may perform backups for operational purposes, but we do not guarantee the availability or completeness of such backups unless explicitly stated in the contract.
1. Net Prices: All prices are listed in euros and exclude statutory VAT, which is charged at the applicable rate unless otherwise indicated.
2. Payment Methods: Available payment methods and payment schedules are set out in the contract, offer, or on our website.
3. Invoicing: Unless otherwise agreed, invoices are issued electronically. You must provide valid billing information and promptly update it if any changes occur.
1. Due Date: Payments are due within fourteen (14) days from the invoice date, unless otherwise agreed in writing.
2. Default: If payment is late, Cloud Companion may charge statutory default interest pursuant to § 288 BGB (German Civil Code) and a reasonable reminder fee, where applicable.
3. Suspension of Services: We reserve the right to suspend or limit access to our Services if payment remains outstanding after a reminder has been issued.
1. Injury to Life, Body, or Health: Cloud Companion is liable without limitation for damages resulting from injury to life, body, or health caused by an intentional or grossly negligent breach of duty by us or our legal representatives or vicarious agents.
2. Intent and Gross Negligence: Cloud Companion is liable without limitation for other damages caused by intentional or grossly negligent conduct by us, our legal representatives, or our vicarious agents.
3. Simple Negligence (Cardinal Obligations): In cases of simple negligence, Cloud Companion is only liable for breaches of essential contractual obligations (cardinal obligations). In such instances, liability is limited to the typical, foreseeable contractual damage.
4. Exclusion of Further Liability: Any further liability is excluded unless required by mandatory statutory provisions (e.g., the Product Liability Act). Liability disclaimers stated in these Terms also apply to our legal representatives, employees, and vicarious agents.
1. Initial Term: The contract runs for the period specified in the individual agreement or service description.
2. Automatic Renewal: If the contract includes an automatic renewal clause, it will renew for the agreed extension period unless terminated by either party with the notice period stated in the contract.
3. Ordinary Termination: Both parties may terminate the
contract in writing before the end of the term, observing any applicable
notice period. Notice of termination must be sent to:
Cloud Companion
Email: info@cloud-cm.com
1. Good Cause: Either party may terminate the contract without notice for good cause if the other party commits a serious breach of contractual obligations and fails to remedy it within a reasonable time after being requested to do so.
2. Insolvency Proceedings: Good cause also exists if insolvency proceedings are initiated against the assets of the other party, or if the commencement of such proceedings is rejected for lack of assets.
1. Remuneration for Services Rendered: If the contract is terminated after Services have commenced, Cloud Companion is entitled to proportional payment for the Services rendered up to the date of termination, unless otherwise agreed.
2. Data Retrieval: Upon termination, you are responsible for retrieving any data you have stored with Cloud Companion before the effective date of termination. If no retrieval arrangement is made, Cloud Companion may delete or restrict access to your data in accordance with legal requirements and data protection rules.
3. Return of Confidential Materials: Each party shall return or securely destroy all confidential materials belonging to the other party upon termination, unless a legal obligation requires continued retention.
1. Personal Data: Cloud Companion collects, processes, and uses your personal data only as permitted by law or as outlined in our Privacy Policy.
2. Rights of Data Subjects: You retain all rights granted under applicable data protection laws (e.g., GDPR), including the right to access, rectification, erasure, and data portability, where appropriate.
3. Confidentiality: We treat all personal data as confidential and do not disclose it to third parties without your consent, unless required by law or for service provision.
1. You may only exercise a right of retention if your counterclaim arises from the same contractual relationship.
2. In cases of overdue payments or significant contractual breaches, Cloud Companion may temporarily restrict or suspend access to the Services.
1. These Terms and any contractual relationships with Cloud Companion are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. For consumers, this choice of law applies only to the extent that the protection granted by mandatory laws of the country in which the consumer has their habitual residence is not undermined.
1. If you are a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is the registered office of Cloud Companion.
2. In all other cases, any statutory jurisdiction rules apply.
1. The European Commission provides a platform for online dispute resolution (ODR) at https://ec.europa.eu/odr.
2. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
1. Should any provision of these Terms be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the statutory provisions, or if none exists, by a valid provision that comes closest to the commercial purpose of the invalid one.
2. The same applies in cases of contractual gaps.
1. All amendments or supplements to these Terms must be in writing to be effective. This also applies to any waiver of this written form requirement.
2. Communication via email or other electronic form will suffice to meet the written form requirement, provided that no stricter statutory form requirements apply.
Cloud Companion
Email: info@cloud-cm.com
Phone: (+49)-155-660-44719
Website:
https://cloud-cm.com
The essential characteristics of each Service (scope, functionalities, pricing, etc.) are detailed in individual offers, contracts, or on our website.
1. The contract language is English (or German, if you primarily provide your Services in German—please adjust accordingly).
2. We do not store the complete contract text accessible to you at all times. Before finalizing your order, you may print or save these Terms using your web browser’s print function or by downloading them as a file.
If you are a consumer, you may have the right to withdraw from certain types of contracts under applicable consumer protection laws. We will provide any legally required withdrawal instructions prior to contract conclusion if relevant.
Last updated: 17.01.2025