Terms and Conditions

By clicking “I accept” or placing an order, or otherwise accessing or using the service, you agree that you have read and understood these terms and conditions and agree to be bound by them as a condition of using the service:

1. Scope of the Terms and Conditions The following General Terms and Conditions (GTC) apply to all relationships between the customer on the one hand and Cloud2Go AG (“Provider”) on the other hand regarding the use of online (mobile) accessible services “Cloud2Go Products” (“Services”), even if specific reference is not expressly made to them. The version of the GTC valid at the time of contract conclusion shall be decisive. Deviating, conflicting, or supplementary general terms and conditions shall not become part of the contract, even if the provider is aware of them, unless the provider has expressly agreed to their validity in writing. The provider hereby expressly objects to the customer’s general terms and conditions. Changes to the GTC will be communicated to the customer and will be deemed agreed if the customer does not object to the amended GTC in writing within 14 days; the customer will be expressly informed of the significance of silence as a sign of consent in the notification.
2. About Cloud2Go With the Cloud2Go products, the provider offers the customer, who operates a business, a solution for digital business cards. The Cloud2Go products include various contact channels, online profiles, digital business cards, and management options. Depending on the scope of the contract, the services can be provided web-based, as native smartphone apps, and/or as wallet passes. Depending on the contract, the provider provides its customers with hardware in the form of NFC stickers, cards with QR and/or NFC reading capabilities, card readers, or similar products. The subject matter of the contract is the provision of access to these services in the sense of a SaaS contract and/or the delivery of hardware. The customer is not granted any license rights to the software underlying the service. The customer alone is responsible for complying with the legal documentation obligations applicable to him.
3. Account, Registration, and Payment Information To create one or more digital business cards, you must register an account with us. As part of the registration, we require some information from you, such as your full name and email address. You agree that the information you provide is accurate, complete, and not misleading, and that you will keep your data up to date at all times. When registering, you will be prompted to create a password. You are solely responsible for the security of your access data. If you suspect that your account is no longer secure, please contact us immediately at hello@cloud2go.de. The customer must provide the provider with correct and complete billing data, including company name, name of a contact person, address, state, zip code, country, telephone number, email address, and VAT number (or equivalent). Incorrect or incomplete information may result in additional effort for the provider, which will be billed to the customer.
4. Payments Cloud2Go offers both free and paid services. More information about our offerings and price plans can be found on the Cloud2Go AG website under the Prices section. Our prices may vary depending on the region you are in. The exact prices will be displayed to you after entering your billing information, before placing the order. The billing of ongoing usage fees and the purchase of additional products are processed through our payment service provider Stripe Europe LTD. The terms and conditions of Stripe Europe LTD (Stripe Payment Terms & Stripe Privacy Policy) apply to payment processing, over which the provider has no influence. Displayed usage fees and invoices from the provider are due for immediate payment, especially for package bookings and associated prepayments for a specific period. Unless otherwise stated, the price information refers to monthly usage fees. The monthly usage fees are due for payment in advance. In the event of the customer’s default in payment, the statutory default interest rates applicable to commercial transactions shall apply. Furthermore, in the event of default in payment, the customer undertakes to reimburse the provider for the collection and legal expenses incurred, to the extent necessary for appropriate legal action. This includes at least the costs of two reminders amounting to €15.00 each, as well as the statutory costs of a reminder letter from a lawyer commissioned with collection. The assertion of further rights and claims remains unaffected. In the event of the customer’s default in payment, the provider may immediately demand payment of all services and partial services rendered, even within the framework of other contracts concluded with the customer. Furthermore, the provider is not obliged to provide further services until the outstanding amount has been settled. If payment in installments has been agreed, the provider reserves the right to demand immediate payment of the entire outstanding debt in the event of non-payment of installments or ancillary claims within the specified period. Accordingly, a loss of term is deemed agreed. Lockout in case of non-payment: In the event of late or incomplete payment, the provider reserves the right to block the customer’s access to the services. The customer’s obligation to pay its usage fees remains unaffected.
5. Use of Free Services and Products The provider reserves the right to restrict or completely cancel free basic, pilot, or trial services or product offerings at any time. The free 30-day trial of the Business Plan can be terminated by the customer at any time. If there is no termination by the customer, the subscription will automatically renew as a paid Business Plan. The provider does not guarantee free services or products. The provider is always committed to providing its services and products to the fullest satisfaction of its customers. Therefore, the provider takes reported errors very seriously. The provider does not guarantee a specific availability for its free services. The payment of a contractual penalty is excluded for free services. Support services from the provider according to point 10 are only provided by email for free businesses and may be restricted at any time.
6. Customer Obligations The customer undertakes to use the services only in compliance with legal regulations, in particular the relevant professional laws and data protection laws, and to refrain from any abusive use. The customer guarantees not to infringe any rights when using the contractual services, in particular to refrain from violating the rights of personality of its customers. In the event of a breach of these guarantees, the customer shall indemnify the provider against any damages and claims. It is the customer’s responsibility to comply with its documentation obligations and obligations.
7. Rights and Obligations of the Provider The customer acknowledges that the services are created for the requirements and needs of the general public. The provider assumes no warranty or liability for the substantive correctness, timeliness, error-free operation, or completeness of the services offered, as well as for a specific usability. The customer acknowledges that the services offered by the provider are also offered with the involvement of third-party network operators. The availability of the services is therefore dependent on the technical provision of third-party services over which the provider has no influence. The provider guarantees a planned availability of 95% per month for its paid services.
8. Support Services Depending on the product and/or price plan, the provider offers its customers various support services such as advice and support regarding the use and application of the software, systems, and interfaces to be maintained. The provider provides support services on weekdays from 08:00 to 18:00 CET. For support requests, please send an email to: hello@cloud2go.de
9. Duration/Termination If no explicit period of use has been agreed, the contract is concluded for an indefinite period. The indefinite term usage agreement can be terminated monthly by either party at the end of the respective billing period. A fixed-term contract exists if a certain period has been prepaid. Fixed-term contracts automatically become indefinite contracts after the contract term. Automatic renewal can be stopped by termination at the end of the term. For contracts that have transitioned into an indefinite contractual relationship, the termination options for indefinite contracts apply, see above. Fixed-term contracts can only be terminated by either party for good cause during the contract term.
10. Reference Subject to the customer’s written revocation at any time, the provider is entitled to refer to the business relationship with the customer on its own advertising media and especially on its website using the customer’s name and company logo.
11. Warranty/Liability For its paid services and products, the provider provides warranty in accordance with the respectively valid and customary legal principles. The liability of the provider and its organs, employees, contractors, or other vicarious agents is fundamentally limited to intent or gross negligence; liability for slight negligence is excluded. This limitation of liability does not apply to personal injury and damage to property that the provider has undertaken to process. Insofar as the liability of the provider is excluded or limited, this also applies to the personal liability of its employees or vicarious agents. The parties expressly exclude the application of liability privileges from the service contract to data protection violations. Each party therefore fully and completely indemnifies the other party for all damages arising from the breach of data protection and data security obligations. To the extent permitted by law, this indemnification obligation also includes data protection fines imposed on one party as a result of the (attributable) behavior of the other party.
12. Uploaded Content The provider grants the customer the opportunity to upload and publish their own “Content” (such as photographs, videos, graphics, logos, texts, etc.) and to publish it in an interested forum. The respective customer is responsible for the content. With regard to this content, the provider assumes the role of a purely technical disseminator/host who does not influence or supervise the customer’s disseminated content. If the customer believes that content violates rights or laws, please report this to: hello@cloud2go.de The customer expressly agrees not to upload any content whose provision, publication, or use violates applicable law or the rights of third parties (in particular, copyright of the photographer and personality rights of the depicted person) and to which the customer has the rights of use for non-temporary reproduction, distribution, and accessibility. The uploading of racist, pornographic, contemptuous, offensive, or content that violates good morals is expressly prohibited. In such cases, the provider is entitled to reject, shorten, or delete the customer’s content at any time. Furthermore, such behavior by the customer constitutes an important ground for contract termination. If a third party claims to have been infringed in its rights by the content, the provider is entitled to disclose the customer’s known contact details.
13. Data Protection The provider declares that it complies with German/European data protection law and provides its customers with sufficient assurance of lawful and secure data processing. Further information regarding data protection can be found in the corresponding section “Privacy Policy” on the Cloud2Go website.
14. Miscellaneous Should individual provisions of these GTC be or become wholly or partially invalid, or should there be a gap in the contract, this shall not affect the validity of the remaining provisions. Changes and additions to the GTC require written form. Declarations by email are equivalent to written form. The parties agree that the contents and services from this contractual relationship are confidential in their entirety. Contents may only be made accessible to third parties with the prior written consent of the other party.
15. Applicable Law/Jurisdiction/Place of Performance This contractual relationship is subject to German law. Munich is agreed as the place of jurisdiction for all disputes arising directly or indirectly from the contract. The place of performance for the services under the contract is in 80687 Munich.