Last updated: May 2024
Welcome to TechCloud Solutions. These Terms and Conditions ("Terms") govern your use of the TechCloud Solutions website (https://techcloudsolutions.de) and all related services, products, and content (collectively, the "Services") provided by TechCloud Solutions ("we," "our," or "us").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms that may apply to specific Services. If you are using our Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
We reserve the right to modify these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting the revised Terms on our website. Your continued use of our Services after such changes constitutes your acceptance of the new Terms. We recommend that you periodically review these Terms.
3.1. Account Creation: Some of our Services may require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.
3.3. Age Restriction: You must be at least 16 years old to use our Services. If you are under 18 years old, you represent that you have your parent's or legal guardian's permission to use our Services and that they have read and agreed to these Terms on your behalf.
4.1. Our Intellectual Property: All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof, are owned by TechCloud Solutions, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2. Limited License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal or internal business purposes.
4.3. Restrictions: You may not:
5.1. Ownership: You retain all ownership rights to any content you submit, post, or display on or through our Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with our Services and our business operations.
5.2. Representations and Warranties: You represent and warrant that:
5.3. Prohibited Content: You may not submit, post, or transmit any User Content that:
6.1. Service Description: TechCloud Solutions provides cloud services, mobile app development, game development, and related digital services. The specific details, features, and functionality of each Service are described on our website or in a separate agreement between you and us.
6.2. Fees and Payment: Some of our Services may require payment. All fees are stated in Euro (EUR) and are exclusive of all taxes, levies, or duties imposed by taxing authorities, which are your responsibility.
6.3. Payment Processing: We use third-party payment processors to bill you through a payment account linked to your account. The processing of payments will be subject to the terms, conditions, and privacy policies of these payment processors in addition to these Terms.
6.4. Subscription and Recurring Billing: For subscription-based Services, you will be charged in advance on a recurring basis according to your chosen subscription plan. Your subscription will automatically renew unless you cancel it before the renewal date.
6.5. Refunds: Our refund policy is detailed in our separate Refund Policy document, which is incorporated into these Terms by reference.
7.1. Service Modifications: We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.
7.2. Availability: While we strive to provide uninterrupted access to our Services, we do not guarantee that our Services will be available at all times. We will not be liable for any downtime, service interruptions, or other issues that may affect access to or use of our Services.
8.1. Third-Party Links: Our Services may contain links to third-party websites, services, or resources that are not owned or controlled by TechCloud Solutions. We are not responsible for the content, privacy policies, or practices of any third-party websites or services.
8.2. Third-Party Services: We may offer certain Services that integrate with or depend on third-party services. Your use of such third-party services is subject to their terms and conditions and privacy policies.
9.1. Services Provided "AS IS": OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
9.2. No Guarantee: TECHCLOUD SOLUTIONS, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
10.1. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TECHCLOUD SOLUTIONS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
10.2. Cap on Liability: IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ANY CASE, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO TECHCLOUD SOLUTIONS FOR THE SERVICES IN THE PAST 12 MONTHS, OR €100 IF YOU HAVE NOT PURCHASED ANY SERVICES.
You agree to defend, indemnify, and hold harmless TechCloud Solutions, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of our content, services, and products other than as expressly authorized in these Terms.
12.1. Termination by You: You may terminate these Terms by ceasing to use our Services and, if applicable, closing your account.
12.2. Termination by Us: We may terminate or suspend your access to all or part of our Services, with or without notice, for any reason, including, without limitation, if we believe that you have violated these Terms.
12.3. Effect of Termination: Upon termination, your right to use our Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13.1. Governing Law: These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.
13.2. Dispute Resolution: Any dispute arising from or relating to these Terms or our Services shall be resolved by the courts of Berlin, Germany. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims.
13.3. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
13.4. No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
13.5. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.
13.6. Entire Agreement: These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and TechCloud Solutions concerning our Services.
If you have any questions about these Terms, please contact us at:
TechCloud Solutions
Xaver-Kurz-Gasse 6b
20037 Köthen (Anhalt)
Germany
Email: info@techcloudsolutions.de
Phone: +4975842916237