Terms of service

# Preamble

In the following, "provider" refers to fortrabbit GmbH. The provider does not recognize terms and conditions of the client that deviate from these terms in whole or in part, unless the provider has expressly agreed to them.

# § 1 Subject

1. The subject of these terms of use is the provision of data storage and computing capacity for connection to the internet (cloud web hosting platform). The client receives access to upload source code and to configure the service.
2. The services described in these terms are available only to businesses, public authorities and self-employed persons. Consumers are excluded from registration.

# § 2 Conclusion of the contract

1. The client's registration for the service offered by the provider constitutes an offer to conclude a contract. The provider then accepts or rejects this offer. Acceptance can also take place implicitly by activating the account. The provider does not permanently store the contract text.
2. Concluding the contract establishes a continuing obligation between the provider and the client. If the client books paid services, the client is obliged to pay the resulting fees at monthly intervals until the respective service is terminated. If the client uses a paid service for less than a full calendar month, the service is charged pro rata. Billing always takes place monthly in arrears. Clients paying by credit card expressly agree that their credit card is charged monthly with the recurring costs.
3. The client has no right of withdrawal. The client can, however, end the contract at any time by termination with effect for the future.

# § 3 Obligations of the provider

1. The provider ensures that the client is able to access the provider's services.

# § 4 Obligations of the client

1. If disruptions occur while using the system, the client shall inform the provider of them without undue delay.
2. The client is obliged to handle access data with care, to prevent misuse by third parties, and to inform the provider immediately if a third party has obtained unauthorized access to the client's access data.
3. The client is obliged to keep personal data up to date at all times and to update it without undue delay when it changes.
4. The client is not permitted to sublet services, unless otherwise agreed with the provider.
5. The client agrees that the provider may name the client as a reference customer in written and electronic form.
6. The client is obliged to obtain the required consent of the respective data subject insofar as the client collects, processes or uses personal data in the course of using the provider's services and no statutory permission applies.
7. The client shall back up the data transferred to the provider regularly and in a manner appropriate to the value of the data, and create own backup copies to ensure its reconstruction in case of loss. For data used in business operations, a daily backup is generally required, insofar as the data changes. In addition, before uploading data, programs and information to the services offered by the provider, the client shall check them for viruses and other malware and use state-of-the-art antivirus programs.
8. The client undertakes not to store any content on the contractual storage space, or publish it on the internet, whose provision, publication or use violates applicable law or the rights of third parties. Violations include in particular infringements of criminal law, copyright law, trademark law and the personality rights of third parties.
9. The client assures not to publish any erotic, pornographic, violence-glorifying or otherwise immoral content that is likely to impair the development of children and young people.
10. The client has a duty of care for the software the client uses, installs or programs. To protect against hacking attacks, the client updates the software in use when security vulnerabilities are known. The client undertakes to ensure that no insecure programs and scripts are used in the client's area. Operating open mail relays or similar systems through which, for example, spam e-mails can be distributed entitles the provider to disconnect the client's websites from the network immediately. The client shall inform the provider without undue delay as soon as there are indications that third parties are using the service without authorization.
11. The client undertakes to refrain from techniques that cause excessive use of the provider's facilities.
12. The client undertakes to indemnify the provider against claims of third parties of any kind resulting from the illegality of content that the client has stored on the contractual storage space. The indemnification obligation also includes the obligation to indemnify the provider against necessary legal defense costs (for example court and attorney fees). This also applies to subdomains that are registered to the provider but provided to the client.
13. If and insofar as the client uses the contractual storage space for distributing illegal content, contrary to the assurance given, the provider is entitled to block access to this content via the World Wide Web by suitable measures.
14. The acceptable use policy↗ is part of these terms. It describes prohibited content and actions, the procedure for reporting illegal content, and how the provider handles reports.

# § 5 Remuneration and methods of payment

1. Unless otherwise agreed in writing, the current version of the price list applies (fortrabbit.com/pricing↗).
2. Paid services are billed monthly.
3. For usage-based services, the charged traffic and storage result from the sum of all data transfers connected with the client's order (for example download, upload, website visitors). For determining traffic and storage, one gigabyte equals one thousand megabytes, one megabyte equals one thousand kilobytes and one kilobyte equals one thousand bytes.
4. If a payment is not honored (for example a returned direct debit or a credit card chargeback), the provider is entitled to charge the client the costs caused by the return as a flat €15.00. The client is entitled to prove lower damage, and the provider higher damage.
5. The provider is entitled to increase the remuneration for its services at its reasonable discretion (§ 315 BGB, German Civil Code). The provider is entitled to further increases under § 315 BGB if the last price increase was at least six months ago. The provider is obliged to inform the client of a price adjustment in advance in writing (e-mail). If the client does not agree with the price increase, the client may terminate the contract within the usual periods.
6. Invoices are issued and delivered electronically.

# § 6 Data export and switching

1. The client can export its data at any time during the term of the contract. For this, the provider offers open interfaces and their documentation free of charge, in particular Git, SSH, SFTP, database access and the API.
2. Exportable data are the data and digital assets the client has brought in or generated while using the service, in particular source code, files, databases, environment variables and environment settings. Excluded are data that relate only to the provider's operations, such as internal logs and security data, as well as data that affect the provider's trade secrets or the rights of third parties.
3. The client can request in text form to switch to another provider or to its own infrastructure, or to have all exportable data deleted (Regulation (EU) 2023/2854, Data Act). A transitional period of 30 days begins when the request is received. During that period the service continues unchanged and the provider supports the switch to a reasonable extent. If the switch is technically not feasible within that period, the provider informs the client within 14 working days, states the reasons and names an alternative period of no more than seven months. The right to terminate under § 8 remains unaffected.
4. After the transitional period, the client can retrieve its data for at least 30 more days. The provider then deletes the exportable data. The contract ends when the switch is completed successfully, and at the latest when the retrieval period ends.
5. If the client deletes an app, an environment or its account in the dashboard, this counts as an instruction to delete the affected data immediately. The periods in paragraphs 3 and 4 do not apply in that case.
6. The provider charges no switching fees for switching or for exporting data. The remuneration under § 5 for using the service during the transitional and retrieval periods remains unaffected.

# § 7 Warranty and liability

1. The provider is liable without limitation for intent and gross negligence, for damages from injury to life, body or health, where a guarantee was given, and under the Product Liability Act.
2. For a slightly negligent breach of an obligation whose fulfillment makes the proper performance of the contract possible in the first place, and on whose observance the client may regularly rely (cardinal obligation), the provider is liable only for the typical, foreseeable damage, and at most up to the monthly fee for the affected service.
3. Otherwise, liability for slightly negligent breaches of duty is excluded.
4. For the loss of data, the provider is liable only up to the effort that restoring the data would have required had the client backed it up properly (§ 4 (7)).
5. The provider bears no responsibility for service outages caused by force majeure, fault of third parties, strikes, official interventions, legal interventions, or technical or other problems outside the provider's sphere of influence.
6. The limitations of liability under paragraphs 2 to 4 also apply in favor of the provider's vicarious agents, including where claims in tort are asserted.

# § 8 Duration and termination

1. The contract is concluded for an indefinite period and can be terminated by either party by declaration in text form (§ 126b BGB).
2. The client can terminate the contract without giving reasons, with effect for the future, in the dashboard.
3. The provider can terminate the contract with a notice period of one week.
4. The right of both parties to terminate for good cause remains unaffected.
5. Good cause for termination by the provider exists in particular if the client persistently violates its obligations, or if the client fails to meet its payment obligation despite a payment reminder and a deadline.
6. Serious violations of § 4 of these terms also constitute a reason for termination without notice.

# § 9 Final provisions

1. German law applies, excluding the rules of private international law.
2. If the client is a merchant, the provider's registered office is agreed as the place of jurisdiction for all disputes arising from or in connection with this contract.
3. Should individual provisions of this contract be invalid or lose their validity due to a later circumstance, the validity of the remainder of the contract remains unaffected.
4. The provider has not submitted to any voluntary codes of conduct.
5. The contract languages are German and English. The German version is authoritative for the interpretation of these terms.