General Terms and Conditions (GTC)
leitzcloud by vBoxx is a service offered by LC by vBoxx GmbH, Friedrich-Ebert-Anlage 36, 60325 Frankfurt am Main (hereinafter: LC). The following General Terms and Conditions govern the business relationships between LC and its customers.
Our service is intended exclusively for business customers (for definitions of terms, see Section 1). LC offers its customers the services described in Section 4 at https://leitz-cloud.com and https://leitzcloud.eu, and aims to ensure the smooth provision of these services and achieve a high level of customer satisfaction through these General Terms and Conditions (hereinafter also referred to as “GTC”). Use of the services offered requires that customers accept these GTC as an integral part of the contract.
The customer’s terms and conditions shall not apply unless LC expressly agrees to them.
1. General Provisions – Definitions
“Business Customers” – Our services and these General Terms and Conditions are intended exclusively for business customers (i.e., commercial customers) as defined in Section 14 of the German Civil Code (BGB). As a result, the customer is not entitled to a consumer right of withdrawal. Business customers are not granted a voluntary right of withdrawal.
“Customers” – means all natural or legal persons who, within the meaning of Section 14 of the German Civil Code (BGB), have registered with LC in the course of their commercial or self-employed professional activities and who use the services provided by LC for business purposes.
“User/Visitor” — means someone who visits the LC websites or uses its services without registering. The term “User” refers to both a visitor and a customer.
“Service” – refers to the use, by LC, of software solutions and system resources that LC makes available to the customer for the customer’s own use, in exchange for a fee and limited to the term of the contract.
2. Conclusion of the Contract
The contract between LC and you is concluded upon your confirmation of these Terms and Conditions and LC’s acceptance via an order confirmation, but no later than when LC makes the services available or provides them.
3. Subject Matter of the Contract
a) The subject matter of the contract between the parties consists of the provisions set forth in the respective service descriptions and price lists or special agreements, as well as the services provided by LC listed therein. Depending on the account, varying amounts of data may be stored in a server storage space protected against unauthorized access. Among other things, this service allows you to send files to third parties that are, for example, too large to send via email.
b) LC offers only paid accounts, with the option to purchase additional paid upgrades. The service period depends on the specific service selected and begins when the services are made available.
c) The prices listed in the currently valid price lists apply to the use of individual services subject to a fee.
d) Additional services are described in the offers and service descriptions on our website.
e) LC makes the respective software products available from its servers via the Internet for use through remote data access. LC is not obligated to customize or expand the software solutions to meet the customer’s specific needs.
f) LC does not provide a performance guarantee as defined in § 443 of the German Civil Code (BGB).
g) LC strives to continuously develop, maintain, and make available its software products. The services are continuously developed and adapted to various factors—such as market demands and the technical and economic situation—after due consideration. Therefore, LC’s offering includes the services described at their current stage of development. However, customers have no right to expect that the offering will remain unchanged in terms of content and scope or that it will include specific features. LC is therefore free to provide a more up-to-date version of the services than the one made available for use at the start of the contract, provided that the change is reasonable for the customer.
h) LC is entitled to engage subcontractors to perform the services.
4. Free trial access (trial account)
a) Users have the option to set up a trial account with full functionality for a period of 14 days. The features and terms are set forth in the respective service description on the website. The trial account expires automatically.
b) Upon completion of the trial period, any data and content that the user has stored within the Service will be permanently deleted. The user must set up a paid account before the trial period expires in order to continue using the features and retain access to their content.
5. Provided Content, Indemnification
a) LC does not claim any ownership rights to texts, files, images, photos, videos, sounds, musical works, copyrighted works, or other materials that you upload to LC. You agree to ensure that uploading any content to the LC does not violate applicable German and European law, as well as data protection rights, advertising rights, intellectual property rights (including copyrights), contractual rights, or any other rights of any person.
b) You agree to assume responsibility for any resulting criminal or civil legal proceedings and to indemnify LC against all claims.
c) We may suspend or delete any LC user account that violates applicable laws and/or these Terms and Conditions. You are solely responsible for the content you upload to LC. LC has no control over the content.
d) The content is not reviewed by us and does not reflect the opinions or policies of LC. LC assumes no legal responsibility, either express or implied, for the conduct of users, for the content, or for the accuracy and reliability of any content, materials, or information that you have uploaded.
e) The Service, the associated software, and all information and images on the LC website are the intellectual property of LC. None of these elements may be copied or used without the prior written permission of LC.
f) When you send us information—such as a bug report or a suggestion for improvement—you grant us a perpetual license to use that information for the Service. This does not apply to information that you expressly designate as confidential.
6. Costs / Compensation
a) All costs for LC services are published on the website, subject to any errors or omissions. All costs are due prior to the provision of these LC services and must be paid in advance.
b) Payment can be made by direct debit, credit card, PayPal transfer, or as further explained on the website.
c) Unless otherwise indicated, all prices are exclusive of the applicable value-added tax.
d) We reserve the right to change prices and features of the LC Services. We will notify users exclusively on the website if the fee for a service is changed. You are then free to decide whether you wish to continue using these services. Your continued use of the service following the change in fees and its announcement on the website shall be deemed acceptance of the proposed fee modification.
e) We will give notice of price changes in a timely manner so that you can terminate the service agreement in accordance with the contractually agreed notice period before the new prices take effect. If you do not terminate the agreement after being notified of the new prices and continue to use fee-based services after they take effect, the price change will become binding on both parties.
7. Availability
a) We strive to make LC’s services available to you at all times. LC guarantees a service availability of 99.9%. For more information on access availability and all features, please see our Service Level Availability Notice, which can be viewed here.
b) It is the customer’s responsibility to ensure that the necessary conditions for the proper receipt of the services are in place, in particular to provide the appropriate reception, playback, and connection equipment and to connect it in accordance with the user manual.
c) Furthermore, the customer is always responsible for creating and maintaining sufficient backup copies of the data stored with us.
d) Maintenance may be performed at any time, even if this may affect the availability of the service. Whenever possible, maintenance will be announced in advance.
e) LC may adjust cloud performance from time to time. We welcome your feedback and suggestions, but ultimately we will decide at our sole discretion which adjustments to make.
8. Third-Party Rights and Customer Obligations Regarding the Use of the Services Provided
a) It is prohibited to use the services provided by LC for purposes that violate applicable law and/or public decency. This includes (but is not limited to) the storage or transmission of data that is defamatory or racist in nature, as well as criminal acts.
b) Furthermore, it is expressly prohibited to share login credentials or publish download links for files. In the case of a corporate account, this restriction does not apply to employees.
c) Furthermore, the following is prohibited:
- Insults, racist content, or to use and/or disseminate such content;
- To publish content, information, or hyperlinks leading to information that infringes copyrights;
- Assisting others in infringing the rights of third parties, e.g., by providing links to hacking tools, malware, or instructions for computer crime that are clearly written for the purpose of committing criminal offenses (and not for defending against them);
- Violating the data protection rights of third parties, e.g., by disclosing personal data without permission or clear necessity, as well as repeatedly harassing third parties with unsolicited communications;
- Sending phishing emails or spam emails, as well as engaging in other unlawful activities in connection with the email services provided. This includes, among other things (but not limited to), disrupting third-party computer systems by sending or forwarding data streams and/or emails (e.g., DDoS attacks or mail bombing), as well as sending emails to third parties for advertising purposes, unless the respective recipient has given their express consent;
d) If we determine that you have violated one or more of the above provisions or if we receive a complaint regarding such a violation, we will issue a warning. If the warning does not lead to an acceptable resolution, we may take action to put an end to the violations. In urgent or serious cases, we may take action without prior warning.
e) If, in our opinion, the continued functionality of our computer systems, our network, or those of third parties is actually impaired or compromised, or is at risk of being so—for example, due to excessive transmission of emails or other data, loss of personal data, or virus activity— we may take any measures we deem appropriate to stop or avert the damage or threat.
f) In addition, we reserve the right to file a criminal complaint regarding offenses committed through the Service or its use.
g) The customer is not authorized to make the services provided to him available to external third parties for use, whether for a fee or free of charge.
h) Der Kunde hat seine Zugangsdaten vertraulich behandeln. Die Wahl und regelmäßige Aktualisierung eines eigenen Passworts erfolgen gemäß dem jeweils aktuellen Stand der Technik. Der Kunde wird das Passwort nur an solche Personen weitergeben, denen er Zugriff eingeräumt hat. Hegt der Kunde den Verdacht, dass die Zugangsdaten abhandengekommen oder anderweitig Dritten zugänglich gemacht wurden, wird er das Passwort unverzüglich ändern und LC informieren. Wird das Passwort wiederholt falsch eingegeben oder liegen LC Anhaltspunkte für eine unsachgemäße Nutzung vor, kann LC den Zugriff auf das System sperren. Dem Kunden werden in diesem Zusammenhang die Kontenwiederherstellungsmethoden mitgeteilt.
9. Warranty
a) We are not liable for technical problems or malfunctions on the Internet that, from an objective standpoint, cannot be attributed to us, nor for errors, omissions, interruptions, loss, deletion, defects, theft, destruction, unauthorized access, or alterations to content that the customer uploads to the LC.
b) The customer must notify LC of any defects without delay.
c) Warranty claims expire one year after the date of purchase.
10. Liability
a) The parties shall have unlimited liability in cases of willful misconduct, gross negligence, and culpable injury to life, body, or health.
b) Notwithstanding the cases of unlimited liability set forth in Section 10(a) of these General Terms and Conditions, the parties shall be liable to each other for slightly negligent breaches of duty only in the event of a breach of material contractual obligations, that is, obligations whose fulfillment is essential for the proper performance of the contract or whose breach jeopardizes the achievement of the contract’s purpose and which the other party may reasonably expect to be complied with, provided that such liability is limited to damages that were foreseeable at the time the contract was concluded and are typical for this type of contract.
c) The foregoing limitations of liability do not apply to liability under the Product Liability Act or to guarantees assumed in writing by either party.
d) The provisions regarding limitation of liability also apply in favor of LC’s employees, agents, and governing bodies.
11. Force Majeure
a) To the extent and for as long as a case of force majeure exists, the parties are temporarily released from their obligations to perform.
b) Force majeure is an event external to the business, caused by external natural forces or by the actions of third parties, which is unforeseeable according to human judgment and experience, and which cannot be prevented or rendered harmless even by the utmost reasonably expected under the circumstances, and which cannot be accepted as a matter of course due to its frequency.
12. Contract Term, Termination, and Customer Data Upon Termination of the Contract
a) The contract for paid services takes effect when the customer books the service and is entered into for a term of one year or one month. The customer specifies the contract term when booking the service.
b) Either party may terminate the contract with 30 days’ notice, effective at the end of the contract term. Unless validly terminated, the contract is automatically extended for another identical term.
c) The parties agree that the customer may only give notice of ordinary termination using the corresponding feature in the customer portal.
d) The right to terminate the contract without notice for good cause remains unaffected.
e) You may export the data you store or process through the Service at any time via the Service interface. LC will permanently delete all of the Customer’s data remaining on its servers within 30 days of the termination of the contractual relationship.
f) We may suspend your access to the LC Service or terminate your contract without notice to you if you:
- fail to pay us an amount owed when it becomes due and/or
- violate any provisions of these General Terms and Conditions.
g) We have the right to terminate the contract if you have not used the service at all in the last 18 months. In this case, we will first send a reminder to the email address associated with your account.
13. Data Protection
a) Our top priority is data protection and data security! That is why we always handle your personal data responsibly. We therefore collect, store, and process the personal data you provide for the purposes of use and registration only to the extent necessary to fulfill our contractual obligations and permitted by law. We will process personal data confidentially and in accordance with the provisions of the EU General Data Protection Regulation and the Federal Data Protection Act (new), and will not disclose it to third parties.
b) In addition, your personal data will only be used to the extent that you have expressly consented to such use. You may revoke your consent at any time.
c) If you use our services as a business, we will provide you with a data processing agreement for this service that complies with the requirements of Article 28 of the GDPR. As the data controller, you are responsible for entering into this agreement.
d) For more detailed information, please see our Privacy Policy.
14. Amendments to the Terms and Conditions
LC reserves the right to amend these Terms and Conditions at any time, provided that such amendments are necessary for valid reasons—in particular due to changes in the legal landscape, technical changes or advancements, gaps in the Terms and Conditions, changes in market conditions, or other comparable reasons—and do not unreasonably disadvantage the customer. Changes to the Terms and Conditions will be communicated to the customer in writing or by email at least four weeks before they take effect. The changes will take effect if the customer does not object in writing or by email within this four-week period and LC has informed the customer of this legal consequence in the notice of change. In the event of an objection, we reserve the right to terminate the user agreement. Each notice of change will separately inform you of the consequences of the change and your right to object and/or terminate the agreement.
15. Final Provisions
a) All amendments, additions, and terminations of contractual agreements must be made in writing, as must any waiver of the written form requirement, unless these Terms and Conditions provide for the text form.
b) Set-off against claims by LC or assertion of a right of retention may only be based on undisputed or legally enforceable counterclaims.
c) German law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive venue for all disputes arising out of or in connection with these Terms and Conditions is Frankfurt am Main. This location is also agreed upon as the place of performance.
d) Should any provision of these Terms and Conditions be or become invalid, in whole or in part, the validity of the remaining provisions shall remain unaffected. In such a case, the contracting parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to any gaps in these General Terms and Conditions.