Terms Of Services

1. Introduction

Welcome to GermanyCloudServer. By accessing, using, or purchasing any of our cloud infrastructure services (Cloud VPS, Managed Cloud, Enterprise Solutions, or related services), you agree to be bound by these Terms of Service (“Terms”). Our services are governed by the laws of the Federal Republic of Germany.

2. Definitions

Service: Any cloud hosting, computing, or storage service provided by GermanyCloudServer.
Customer / Client: The individual or legal entity purchasing the Service.
Account: The digital identity used by the Customer to manage and access Services.

3. Eligibility & Account Information

Legal Capacity: You confirm that you are at least 18 years old or a registered legal entity.
Data Accuracy: Under German commercial law, you must provide accurate billing information, including a valid VAT (USt-IdNr) if applicable.
Security: You are responsible for securing your account credentials. We recommend two-factor authentication (2FA).

4. Acceptable Use Policy (AUP)

Prohibited activities include, but are not limited to:

Illegal Content: Any content that violates German law (StGB), including hate speech (Volksverhetzung) or unlicensed copyrighted material.
Security Threats: Distributing malware, unauthorized port scanning, or initiating DDoS attacks.
Spam: Sending unsolicited bulk emails (SPAM) in violation of German anti-spam laws.
Infrastructure Abuse: Excessive resource usage that degrades service for other users on our German network nodes.

5. Payment, Billing, and Renewals

Invoicing: Services are billed in advance. Invoices are issued in Euro (€) and include German VAT where applicable.
Automatic Renewal: Subscriptions renew automatically. Cancellation must be submitted via the portal at least 24 hours before the renewal date.
Late Payments: In case of non-payment, we reserve the right to suspend services after a formal reminder. Permanent data deletion may occur 14 days after suspension.

6. Service Level Agreement (SLA)

Uptime and performance guarantees are defined strictly in our SLA Document. Remedies are limited to the service credits specified therein.

7. Data Ownership and Compliance

Ownership: You retain 100% ownership of your data.
GDPR/BDSG: We act as a “Data Processor.” We recommend signing our Data Processing Agreement (DPA) to ensure compliance with German privacy standards.
Backups: Unless you purchase a Managed Backup service, you are solely responsible for maintaining off-site backups of your data.

8. Limitation of Liability

Statutory Liability: According to German law, our liability is unlimited in cases of gross negligence or intent.
Limited Liability: For simple negligence, our liability is limited to foreseeable damages typical for this type of contract and shall not exceed the amount paid for the service in the last 3 months.

9. Termination and Suspension

Standard Termination: You may cancel via the dashboard at the end of your billing term.
Termination for Cause: We may terminate access immediately if German laws are violated or these Terms are breached.

10. Governing Law & Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany. The exclusive place of jurisdiction for all disputes arising from this contract is Frankfurt am Main, Germany.