§ 1 Scope
These General Terms and Conditions (the “Terms”) apply to all contracts between dal33t GmbH (the “Provider”) and its customers (the “Customer”) concerning the use of the services, software and cloud offerings sold under the PowerFolder brand. Terms of the Customer that deviate from these are rejected unless expressly agreed in writing.
§ 2 Subject matter
The subject matter of the contract is the provision of software and services for synchronising, sharing and backing up data — as a German business cloud, as a private cloud or as an on-premise installation. The specific scope follows from the edition chosen or from the individual offer.
§ 3 Conclusion of contract
The presentation of the services is not a binding offer. A contract is concluded by registering an account, by accepting an offer or by subscribing to a paid edition. Trial access constitutes a time-limited contract free of charge.
§ 4 Services and availability
The Provider supplies the services according to the state of the art and endeavours to keep availability high. Maintenance windows, force majeure and faults outside the Provider's control may restrict availability temporarily. Specific service levels apply only where expressly agreed.
§ 5 Prices and payment
The prices stated at the time of ordering apply. Unless stated otherwise, all prices are net and exclusive of statutory value added tax. Billing is per user and billing period, depending on the edition chosen. In the event of late payment the Provider may restrict access to the services after prior notice.
§ 6 Customer obligations
The Customer is responsible for keeping its access credentials confidential and for using the services lawfully. Content that infringes applicable law or the rights of third parties must not be stored or shared. The Customer remains jointly responsible for backing up its data within the possibilities provided by the contract.
§ 7 Data protection and data sovereignty
The Provider processes personal data solely within the framework of applicable data protection law, in particular the GDPR and the German Federal Data Protection Act. The business cloud is hosted in Germany. Details are governed by the privacy policy (German) and by Annex 2 of the licence agreement (data processing under Art. 28 GDPR). It becomes part of the contract automatically where dal33t processes personal data on the Customer's behalf. No separate conclusion and no separate signature is required.
§ 8 Term and termination
The term follows from the edition chosen or from the individual contract. Trial access ends automatically and does not renew. Paid contracts may be terminated observing the agreed notice periods. The right to terminate for cause remains unaffected.
§ 9 Liability
The Provider is liable without limitation for intent and gross negligence and under the German Product Liability Act. In cases of simple negligence the Provider is liable only for breach of a material contractual obligation and limited to the foreseeable loss typical of this type of contract.
§ 10 Final provisions
The law of the Federal Republic of Germany applies. Where the Customer is a merchant, the place of jurisdiction is the Provider's registered office. Should individual provisions of these Terms be invalid, the validity of the remaining provisions is unaffected.