General Terms and Conditions

For Use of the Internet Pages and Offers by CloudSafe GmbH & Co. KG. Please refer to our data privacy declaration as well.

To whom do these General Terms and Conditions apply?

These terms and conditions shall stipulate the use of the internet pages operated by CloudSafe GmbH & Co. KG („CloudSafe“), („website“ or „page“), as well as the corresponding sub-pages, unless otherwise agreed upon in individual contractual terms or if mandated by law. The user agrees to these terms and conditions by the selection or use of a page even in the event a specific contract is not concluded or its efficiency is subsequently deemed ineffective. These regulations shall also apply correspondingly for reverse transaction obligations after recession or cancellation by a party.

These terms and conditions shall apply for basic website users as well as users that establish a website account by entering personal data. The terms are applicable to all use of the websites, regardless whether or not an account is established, whether use is for commercial or personal purposes and is not dependent on the length of the visit. The terms shall also apply if the customer accesses the page through autonomous operating software or other forms of automated access.

How do I retrieve my data if I forgot my password?

As a rule, not at all, because CloudSafe does not store your password. However, we do offer an option to name two to four people as confidants, each of whom may store a partial key for you. You can then generate a new password with their aid.

But I have to access the data urgently, is there no faster or different option?

No. This is the only option to ensure the security of your data.

How do I get services from CloudSafe?

After you register, you get a verification request by email. This can take up to 24 hours. Then you have the required access to our systems, and access so all digital services.

How can I convey or receive a declaration to or from CloudSafe, for example a cancellation or other amendments to the contract?

Please log on to CloudSafe and use the contact form. This is the only way we are able to determine beyond a doubt that you are the owner of the account. As an alternative, you may use the email-address that you have stored in our system. If specific forms are required, we will advise you. Please note that our declarations addressed to you shall be deemed valid even if you no longer retrieve mail from the email-address you have registered with us. Due to legal and technical reasons we may not respond to queries and/or declaration you send to us from any email-address other than the address you have registered with us. Therefore, please update your registered email address in a timely manner.

What type of accounts is available?

We offer one single free account per person and several accounts subject to monthly or annual fees. Please note that we may expand or limit the account-type specifics due to economic, legal or technical reasons. You may access the current corresponding conditions here. We may discontinue or limit free accounts or voluntary supplemental offers for paid accounts at any time. We may amend paid accounts as such, with conformable consideration only and we shall convey such amendments to you immediately. In the event such an amendment constitutes a disadvantage to you, you may cancel the account (Extraordinary termination).

I have requested an account but I have changed my mind. Can I cancel?

You may cancel your contractual agreement in writing (i.e. letter, fax, and email), within one month and without stating a reason. The term starts after receipt of these written instructions. A timely cancellation is sufficient for the adherence to the cancellation term. Address your cancellation to: CloudSafe GmbH & Co. KG, Postfach 202231, D-20215 Hamburg. Ideally you should use the contact form while logged in at CloudSafe.

What are the repercussions of a cancellation?

In the event of an effective cancellation, the services supplied on both sides shall be returned and possible use shall be compensated, if applicable (i.e. interest). If you are unable to return the services supplied as a whole, in part or in a deteriorated state you must compensate us for the value.

May I upload any type of file?

Yes. Since the files are encrypted during the uploading process we are not able to determine the type or content anyway.

How much volume may I upload?

For services free of charge we have established an upper limit, which may change due to technical or legal reasons. Services subject to charge have higher limits, which are obligatory to us; current information with regard to this is available by request. Please note: We reserve the right to block or delete accounts and close or revoke accounts, if the frequency and volume of the loaded data indicates the account is used for illegal file-sharing or similar actions.

May I grant access to my account to others?

We strongly advise you against granting access of your account data to third parties beyond the options specified in the system. Legally you are fully responsible for any actions taken with the use of your account data. Please notify us immediately if you have reasons to believe that someone else has gained access to this data.

Can CloudSafe grant access to my account to others?

No. This agreement prohibits CloudSafe or third parties from disclosing your data to others. CloudSafe may only diverge from this for compelling authoritative reasons or upon judicial request. For technical reasons, even in those events, the access would be limited to the registered mail addresses and safe names, because we are not able to unecnrypt your files without your password and therefore we are unable to grant access to third parties.

Is CloudSafe liable for damages?

We guarantee that the services subject to charge will fulfil an average annual availability of 99.8%. We limit the liability resulting from divergence from this value on the negative side, to six times the monthly account fee unless a liability limitation is precluded by law. (for example, due to malice or gross negligence, damage to persons and similar actions). For economical reasons, we do not accept liability for the availability of the free services unless it is officially required.

Is CloudSafe liable for the security of my data?

Yes. We have confidence in our encryption and therefore we guarantee the security of our technology. This guarantee pertains to our data storage location and any type of transfer within our system.

Am I liable for damages as a customer?

Our service may not be utilised for illegal purposes such as file-sharing, service attacks, distribution of malware or similar actions. We will charge any costs that we incur as a result of you or third parties whom you granted access to take such action anyway, back to you.

What happens if I don’t pay an invoice?

CloudSafe will downgrade your account to the currently effective cost-free membership in accordance with the list provided here, if you are in arrears of more than one monthly payment. This may result in your account being blocked in part or altogether until payment is received. If you are in arrears for more than 3 months CloudSafe may block your account and terminate the corresponding contract immediately. In this event, CloudSafe is authorized to delete the provided data without further notification. CloudSafe may apply payments without a reference for legal costs, reminder fees or similar, this is supplemented by the legal regulations.

What additional rights do I have?

You may exercise your rights in accordance with the German Federal Data Protection Act (BDSG), such as requesting information regarding, for example, the personal data that is stored with us. Please refer to our data privacy declaration.

What are additional applicable terms?

We reserve the right to adjust these general terms and conditions based on new circum-stances for legal, technical or economical reasons. We will notify you of substantial amend-ments. If you do not object to the amendment it shall be considered as accepted one month after the receipt of our notification. We stipulate Hamburg as the jurisdiction to the extent of legal possibility.

Effective: 10/04/2012

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