Terms of service

These terms of service govern the use of peckaboo.com. They consist of the service description of peckaboo.com in Part 1 and the General Terms and Conditions of HYPERLINK Solutions GmbH, version 1.0, in Part 2, with their Part A (General Provisions) and Part D (Software as a Service). The other parts of those Terms do not apply to peckaboo.com: it includes none of the services they govern, and it is not aimed at consumers. Which component prevails in a conflict is governed by § 2 of the Terms.

This English text is a translation provided for information. Only the German version is binding (§ 18(3) of the Terms).

Part 1 · Service description of peckaboo.com

Provider and customers

peckaboo.com is a service of HYPERLINK Solutions GmbH; the full details are in the imprint. peckaboo.com is aimed at businesses within the meaning of § 14 BGB, legal entities under public law and special funds under public law. Consumers are not admitted (§ 1(2) of the Terms); Part G of the Terms therefore does not apply.

The customer is whoever creates a workspace, on behalf of the business or organization the person acts for. Whoever creates a workspace declares that they are entitled to do so.

What peckaboo.com does

• Workspaces: A customer creates a workspace and invites members, with the roles owner, admin, member and viewer.
• Instances: Woodpecker CI servers of major version 3 are connected in the workspace, by their public HTTPS address (tier 1) and optionally also with the token of their metrics endpoint (tier 2).
• Polls: peckaboo.com asks every connected instance every minute for its availability and version, and in tier 2 for its metrics, and stores what changed.
• Dashboard: For each instance, peckaboo.com shows an overview with availability, version and restarts, and in tier 2 also the queue, the runs and steps, and the server.
• Alerts: By fixed rules (no answer, no worker, stuck queue, new version, restart), by email and in the bell of the application: always to the owners, to the other members on request. Each rule can be switched off per instance.
• Export: The owners of a workspace can export its data as a JSON file at any time.

Fees

peckaboo.com is free of charge. There is one plan, no fee and no invoice. § 38 of the Terms on free services applies to it.

Limits

Limit	Value
Interval of the polls	one minute
Time limit and size of a poll	10 seconds, at most 25 MB
Metric series per instance	at most 200,000; beyond that nothing more is stored, and the workspace shows a notice
Retention	raw values for 90 days, then daily values until the instance is removed
Instance without an answer	asked less often after 10 failures in a row, down to every 15 minutes; paused after 7 days, with an email to the owners
Concurrent polls per server	at most 2, across all workspaces

Only instances that can be reached publicly over HTTPS are connected. peckaboo.com does not accept an address in a private network, a redirect, or a major version other than 3.

Availability and support

peckaboo.com commits to no availability as an annual average (§ 31(1) of the Terms), and there are no credits. We answer questions by email to [email protected], without fixed service hours or response times.

Exportable data

Exportable within the meaning of § 37(4) of the Terms are, exhaustively:

• the workspace with its name, address and settings, its members with their roles, and its invitations;
• the instances with their name and address, without the metrics token, which we store only in encrypted form and never hand out;
• the history of each instance: periods of availability, metric series with their values, restarts and daily values;
• the alerts, and each member's choice whether to receive alerts.

Point of contact

You reach our point of contact for authorities and for users under Art. 11 and 12 of Regulation (EU) 2022/2065 (§ 34(6) of the Terms) by email to [email protected], in German and English.

Artificial intelligence

peckaboo.com uses no artificial intelligence models (§ 35(4) of the Terms).

Further usage rules

In addition to § 34(1) of the Terms:

• The customer connects only instances it runs or is allowed to monitor. Whoever enters a metrics token declares that they may use it.
• The customer does not use peckaboo.com to probe, test or load servers that do not belong to it.

Data processing

We process the data of the connected instances on behalf of the customer, under the data processing agreement (§ 12 of the Terms). It consists of the European Commission's standard contractual clauses under Art. 28(7) GDPR with completed annexes. An owner concludes it for the workspace with one click, before the first instance is connected there.

Deletion

• The owners of a workspace delete it with a grace period of 30 days. During that time an owner can restore it and export its data; after that, it is deleted for good with all its data.
• A removed instance disappears at once, and its history is deleted in the background without delay.
• Whoever is the last owner of a workspace can delete their account only after handing the owner role to another member.

Part 2 · General Terms and Conditions of HYPERLINK Solutions GmbH, version 1.0

HYPERLINK Solutions GmbH · Ringbahnstr. 42 · 12099 Berlin · Germany Local Court of Berlin (Charlottenburg), HRB 210016 B · Managing Director: Andreas Wieser · VAT ID: DE 287128228

Reproduced are Part A, which applies to every contract, and Part D, which applies to peckaboo.com as software as a service.

Part A · General Provisions

§ 1 Provider, scope, customers

(1) These General Terms and Conditions (Terms) apply to all contracts between HYPERLINK Solutions GmbH ("we") and its customers for consulting, conception, design, development, maintenance, software as a service, hosting, domains and advertising services, including the products and services we offer under our own brands.

(2) Our services are aimed at businesses within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law. Consumers within the meaning of § 13 BGB can only book products whose service description expressly provides for this; Part G applies to them in addition. We may ask the customer to prove that it acts as a business, for example by its VAT identification number.

(3) The customer's general terms and conditions do not become part of the contract, even if we do not expressly object to them or perform in the knowledge of them. They apply only where we expressly agree to them in text form.

(4) Toward businesses, these Terms in their agreed version also apply to later contracts of the same kind, without our having to refer to them again in each case.

§ 2 Contract components and order of precedence

(1) The contract consists of, in this order of precedence:

1. the individual contract, the accepted offer or the order confirmation;
2. for matters of data protection, the data processing agreement (§ 12);
3. the service description of the booked product or plan, including the service levels stated there, and our price list;
4. the Part B to G of these Terms that applies to the booked service;
5. this Part A;
6. the law.

(2) Individual agreements take precedence over these Terms (§ 305b BGB). Their content is determined by a contract in text form or by our confirmation in text form.

§ 3 Offers, conclusion of contract, trial access

(1) Presentations on our websites and in brochures are not binding offers. Our offers are subject to change unless they state a period during which they are binding. An offer without such a period that we designate as binding may be accepted by the customer within 30 days.

(2) If the customer orders online through a product or a form, submitting the order constitutes a binding offer. We confirm receipt without undue delay; this confirmation is not yet an acceptance. The contract is concluded by our acceptance in text form or by the activation of the ordered service, whichever occurs first.

(3) For assignments following an oral briefing, we record the agreed scope in minutes and send them to the customer in text form. If the customer does not object within five business days, the minutes form the basis of further work. We point out this consequence when sending the minutes.

(4) Trial access and free plans are governed by § 38.

§ 4 Services, changes, subcontractors

(1) The nature and scope of our services follow from the contract under § 2. We perform them in accordance with the state of the art at the time of performance.

(2) We may change services if this is required for legal reasons, for security reasons or due to technical development, and the agreed essential features of the service are not changed to the customer's disadvantage. We announce a change that affects essential features of a continuing obligation to the customer's disadvantage at least six weeks in advance in text form; the customer may then terminate the contract with effect from the date of the change. We point out this right of termination in the announcement.

(3) We may use subcontractors. We are responsible for them as for our own conduct (§ 278 BGB). Where they process personal data on our behalf, the data processing agreement applies.

(4) Services we provide in addition without a separate fee may be discontinued, changed or offered only against payment after reasonable notice. The customer has no claim to their provision.

§ 5 Customer cooperation

(1) The customer provides us in good time with all information, content, access and decisions we need for the service and names a contact person who can make binding decisions. The customer reviews interim results we submit for review within five business days, unless otherwise agreed.

(2) The customer ensures that content and materials it provides to us or processes with our services are free of third-party rights that conflict with the agreed use and do not violate the law. It indemnifies us against third-party claims based on a violation for which it is responsible, including the reasonable costs of legal defense.

(3) The customer backs up its data itself at appropriate intervals, unless the service description makes us responsible for backups.

(4) If the customer fails to cooperate or does not cooperate in time, deadlines are extended by the duration of the delay plus a reasonable start-up period. We charge additional effort on a time-and-materials basis. Our rights under §§ 642, 643 BGB remain unaffected.

§ 6 Remuneration and price adjustment

(1) The prices in the contract apply, otherwise our price list at the time the contract is concluded. All prices are net prices plus statutory value added tax.

(2) We bill time-and-materials services per quarter hour or part thereof. We charge travel time, travel costs and expenses if they are agreed or listed in our price list. We charge materials, third-party licenses, translations and services of specialist companies separately unless the offer includes them.

(3) The customer pays for services beyond the agreed scope and for effort caused by a breach of duty on its part on a time-and-materials basis, unless otherwise agreed.

(4) For continuing obligations, we may adjust the recurring fees at our reasonable discretion (§ 315 BGB) to the development of our costs for personnel, infrastructure, licenses and energy, at most once per contract year and no earlier than twelve months after the start of the contract. If these costs decrease, we take this into account in the same way. We announce an increase in text form at least six weeks before it takes effect. The customer may terminate the contract with effect from the date the increase takes effect; we point out this right in the announcement. Changes in statutory value added tax apply from the date they come into force.

§ 7 Invoicing, payment, default

(1) We issue invoices electronically and, at the customer's request, as e-invoices in a structured format under § 14 UStG (German VAT Act). We send a paper invoice on request for the fee in the price list.

(2) Recurring fees are due in advance for each billing period, usage-based fees after the end of the billing period. Other invoices are payable within 14 days of receipt without deduction.

(3) If an order for work services exceeds EUR 2,500 net, we may invoice 30% upon order, 40% at the start of implementation and 30% upon acceptance. Otherwise we may request installments under § 632a BGB. Third-party license fees shown in the offer are invoiced upon order.

(4) In the event of default, the customer owes default interest of nine percentage points above the base rate (§ 288(2) BGB) and the lump sum under § 288(5) BGB. We reserve the right to claim further damages. If the customer is a merchant, it owes interest from the due date under § 353 HGB (German Commercial Code).

(5) If the customer is in default with a not insignificant amount, or if its financial situation deteriorates after the contract is concluded such that our payment claim is at risk, we may make further services subject to advance payment or security.

(6) If, under a continuing obligation, the customer is in default with an amount of at least one monthly fee for more than 30 days, we may suspend access to the affected service after announcing the suspension in text form with a notice period of at least 14 days. The suspension does not affect the payment obligation; the customer's data are preserved during the suspension. We lift the suspension without undue delay after payment.

(7) The customer raises objections to an invoice in text form within eight weeks of receipt. If it fails to do so, the invoice is deemed approved; we point out this consequence on the invoice. The customer's statutory claims in the case of justified objections after the deadline remain unaffected.

(8) Installment payments for our own services are possible only on the basis of a separate agreement that sets the installments, due dates and interest. If the customer overpays, we refund the amount or, at the customer's request, offset it against the next invoice, without charging a fee for this.

§ 8 Set-off, retention, assignment

(1) The customer may set off only claims that are undisputed or have been finally established by a court, or that arise from the same contractual relationship, in particular claims based on defects or partial non-performance.

(2) The customer may exercise a right of retention only on account of claims arising from the same contractual relationship.

(3) The customer may transfer rights under the contract only with our consent. § 354a HGB remains unaffected.

§ 9 Deadlines and force majeure

(1) Dates and deadlines are binding only if we have confirmed them as binding in text form. They do not begin before the customer has provided the cooperation required for the start.

(2) If an event for which we are not responsible and which we could not have averted even with reasonable precautions prevents us from performing, deadlines are extended by the duration of the impediment plus a reasonable start-up period. This includes in particular natural events, pandemics, war, orders by authorities, strikes and lawful lockouts, disruptions of public communication networks, attacks on IT systems that were protected in accordance with the state of the art, and failures of suppliers we selected with care. We inform the customer without undue delay about the event and its expected duration.

(3) If the impediment lasts longer than one month, either party may withdraw from or terminate the contract with regard to the part not yet performed. There are no claims for damages on account of the impediment.

§ 10 Rights to work results and software

(1) Which rights of use the customer receives is governed by Parts B to F for the respective type of service. Rights beyond the agreed purpose and scope require a separate agreement.

(2) Rights of use pass only upon full payment of the respective remuneration. Until then, we may tolerate the use, revocable at any time.

(3) Our pre-existing tools, libraries, templates, components and know-how remain our property and intellectual property, even if we incorporate them into work results for the customer. The customer receives a simple right to use them to the extent it needs this to use the work result.

(4) Where our services contain open-source software, the respective license terms apply to those components. These Terms do not restrict them.

(5) The customer grants us the rights to its content that we need to perform the service, for the term of the contract.

(6) Our work results may be used, modified or passed on to third parties only to the agreed extent, even if they do not reach copyright protection. This restriction applies only between the parties.

§ 11 Confidentiality and references

(1) Both parties treat all confidential information of the other party that becomes known to them in connection with the contract as confidential and use it only for the contract. This obligation applies until three years after the end of the contract, and indefinitely for trade secrets within the meaning of the German Trade Secrets Act.

(2) The obligation does not apply to information that is or becomes publicly known without a breach of this contract, that the receiving party demonstrably already knew or developed independently, or that it must disclose under a statutory or official obligation; in the last case it informs the other party in advance where permitted.

(3) We may name the customer as a reference with its name and logo and refer to work we have created in our own advertising, unless the customer objects in text form. We publish project details and figures only with its consent.

§ 12 Data protection, data processing, information security

(1) How we process personal data is described in the privacy policy of the respective product or of our website.

(2) Where we process personal data on behalf of the customer, the parties conclude a data processing agreement under Art. 28 GDPR. We provide it with the product or the offer; it takes effect with the contract and takes precedence over these Terms in matters of data protection. It sets out the technical and organizational measures and the sub-processors used.

(3) We protect our systems and the customer's data in accordance with the state of the art. We encrypt transmissions between the customer and our systems.

§ 13 Defects in work services and software provided

(1) For defects in our work services and in software we provide to the customer permanently, we provide subsequent performance at our choice by remedying the defect or by producing a new work. A workaround that allows the customer to use the work as contractually intended also counts as a remedy. If subsequent performance fails, the customer may reduce the price or, except in the case of an insignificant defect, withdraw from the contract. Damages and reimbursement of futile expenses are governed by § 14.

(2) The customer reports defects in text form with a comprehensible description of how the defect occurs and supports us in the analysis. §§ 377, 381 HGB remain unaffected.

(3) If the customer modifies a work result or has it modified by third parties, rights in respect of defects exist only where the customer proves that the defect is not based on the modification.

(4) If a reported error turns out not to be a defect, for example an operating error or a cause outside our service, we may charge the effort of the analysis on a time-and-materials basis if the customer could have recognized this with reasonable care.

(5) Defects during the term of a continuing obligation are governed by the rules of the respective Part (in particular § 31 for software as a service).

§ 14 Liability

(1) We are liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, under the German Product Liability Act, in the event of fraudulent concealment of a defect and where we have assumed a guarantee. A guarantee exists only if we expressly designate a commitment in text form as a guarantee.

(2) In the event of a slightly negligent breach of an essential contractual obligation, we are liable only for the damage typical for the contract and foreseeable when the contract was concluded. Essential contractual obligations are obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely. For continuing obligations, liability under sentence 1 is limited per incident to the higher of the following amounts: the fees the customer paid or owes for the affected service in the twelve months before the damaging event, or EUR 25,000.

(3) Otherwise, our liability for slight negligence is excluded.

(4) We are liable for the loss of data under paragraphs 1 to 3. Where the customer is obliged to back up its data (§ 5(3)), liability for slight negligence is limited to the effort that would have been required for restoration had the data been properly backed up.

(5) For services free of charge, we are liable only under paragraph 1.

(6) The limitations of liability also apply to our corporate bodies, employees and vicarious agents.

(7) Within the scope of the German Telecommunications Act, its liability rules, in particular § 70 TKG, remain unaffected.

§ 15 Limitation period

(1) Claims based on defects become time-barred twelve months after acceptance or, for services without acceptance, after delivery or provision.

(2) Paragraph 1 does not apply to claims arising from injury to life, body or health, from intent or gross negligence, from fraudulent concealment of a defect, from a guarantee or under the German Product Liability Act. The statutory periods apply to them.

§ 16 Term and termination of continuing obligations

(1) The term and the notice period follow from the contract or the service description. If nothing is agreed:

1. Contracts with monthly billing run for an indefinite period. The customer may terminate them with 14 days' notice to the end of a billing month, we with four weeks' notice to the end of a billing month.
2. Contracts with a fixed term, for example with annual billing, are extended by the original term, by at most one year, unless a party terminates with one month's notice to the end of the term.

(2) The right of both parties to terminate for good cause remains unaffected. Good cause exists for us in particular if the customer is in default with an amount of at least two monthly fees or seriously violates § 34 despite a warning.

(3) If the contract ends before the end of a period paid in advance, we refund the pro rata fees for the time thereafter. This does not apply if we terminated for good cause for which the customer is responsible; our claim for compensation of the damage resulting from the early termination remains unaffected in that case. § 37(7) remains unaffected.

(4) The customer's rights to switch providers under § 37 remain unaffected.

§ 17 Changes to these Terms

(1) We may change these Terms with effect for existing contracts if this is required to adapt them to a change in the law or in case law, to close a gap that arose later, to cover new services or features, or to reflect technical and security-related developments, and if the change does not shift the balance between performance and consideration to the customer's disadvantage.

(2) We communicate the change in text form at least six weeks before it takes effect and highlight the changed passages. If the customer does not object in text form before the change takes effect, the change is deemed accepted. We expressly point out the period, the right to object and the consequence of silence in the notice. If the customer objects, the contract continues on the previous terms; either party may then terminate it with one month's notice.

(3) Changes to the scope of services, the fees, the term or the termination rules require the customer's express consent; § 4(2) and § 6(4) remain unaffected.

§ 18 Communication, form, language

(1) Declarations relating to the contract, including terminations, may be made in text form, for example by email or through a function provided for this purpose in the product.

(2) The customer keeps its contact details, in particular the email address on file, up to date and checks messages sent to that address regularly.

(3) The contract language is German. Translations of these Terms are provided for information; in case of discrepancies, the German version prevails.

§ 19 Applicable law, venue, final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive venue for all disputes arising from or in connection with the contract is Berlin. We may also sue the customer at its general place of jurisdiction. The place of performance is Berlin unless otherwise agreed.

(3) In the event of disagreements, the contact persons of both parties first seek a solution through discussion. At the request of both parties, mediation may follow. The right to go to court and interim legal protection remain unaffected.

(4) We may transfer the contract with all rights and obligations to a company affiliated with us (§ 15 AktG, German Stock Corporation Act) or to an acquirer of the business unit concerned. We give notice of the transfer in text form at least six weeks in advance; the customer may terminate the contract with effect from the date of the transfer. Universal succession remains unaffected.

(5) If a provision of these Terms is invalid or unenforceable, the remaining provisions remain valid. The statutory provision takes the place of the invalid provision.

Part D · Software as a Service

§ 29 Scope and service description

(1) This Part applies to all services we provide as software over the internet, including application programming interfaces (APIs).

(2) The service description of each service sets out its features, plans, limits, availability and support. We provide the service at the transfer point, the exit of our data center to the internet. The customer is responsible for the connection to it, its end devices and its software.

§ 30 Access, accounts, users

(1) The customer provides true and complete information when registering and keeps it up to date.

(2) The customer is responsible for the users to whom it grants access and ensures that they comply with these Terms. It keeps access credentials secret, uses secure passwords unique to the service and two-factor authentication where we offer it, and changes access credentials if misuse is suspected. If it learns of misuse, it informs us without undue delay.

(3) The customer is liable for the use of its access credentials by third parties to the extent it is responsible for it.

(4) If there is a justified suspicion that access credentials are being misused, we may temporarily block the affected access. We inform the customer without undue delay.

§ 31 Availability, maintenance, further development, defects

(1) The availability of the service at the transfer point amounts, as an annual average, to the value stated in the service description. This is a description of the service, not a guarantee.

(2) The following do not count as downtime: maintenance work that we announce at least three days in advance and schedule in periods of low usage where possible; urgent work to avert a security threat, which we announce without undue delay; disruptions due to force majeure (§ 9(2)); and disruptions caused by the customer or its users.

(3) If the service description provides for a credit when availability falls short, we offset it against further claims of the customer.

(4) We continue to develop our services. § 4(2) applies to changes.

(5) We remedy defects of the service during the term within a reasonable period, in accordance with the response times of the service description where it states any. Liability regardless of fault for defects that already existed when the contract was concluded (§ 536a(1), first alternative, BGB) is excluded.

§ 32 Rights of use

(1) For the term, the customer receives the simple, non-transferable and non-sublicensable right to use the service within its plan for its own business purposes through its users.

(2) The customer may not reverse engineer, decompile or disassemble the service unless §§ 69d, 69e UrhG (German Copyright Act) mandatorily permit this. It may not circumvent usage limits, may not read out the service automatically unless an interface is provided for that purpose, and may use interfaces only to the extent their documentation provides.

§ 33 Customer data

(1) The data the customer brings into the service or generates through its use remain the customer's. We use them only to provide the service and, where personal data are concerned, in accordance with the data processing agreement.

(2) We may evaluate usage data in anonymized form, which identifies neither the customer nor any person, to operate, secure and improve the service.

(3) We do not use the customer's data to train AI models that are available to other customers, unless the service description expressly provides for this and the customer has consented.

(4) We back up the customer's data in accordance with the service description. For data essential to its operations, the customer additionally makes its own copies using the service's export functions.

§ 34 Usage rules, notices, moderation

(1) The customer may not store or distribute unlawful content through the service, infringe third-party rights, introduce malware, send unsolicited advertising, carry out attacks on our systems or those of others, overload the service or use it to mine cryptocurrencies. The service description of a service states any further rules.

(2) If we become aware of unlawful content or a violation of paragraph 1, we may remove the affected content or disable access to it, restrict individual features, temporarily suspend the account or terminate the contract for good cause. We choose the measure that is appropriate given the severity, frequency and intent of the violation, and take into account the legitimate interests of all parties involved. Where possible, we give the customer the opportunity to remedy the situation beforehand.

(3) We inform the customer of a measure under paragraph 2 in text form, with a statement of reasons (Art. 17 Regulation (EU) 2022/2065, Digital Services Act), unless a law or an authority prohibits this. The statement names the measure, the facts, whether we used automated means, the legal ground or the rule violated, and the available redress.

(4) Anyone may report content they consider unlawful to us through the contact address in the service description or a reporting function in the service. We review notices in a timely, diligent and objective manner and inform the reporting person of our decision. If we use automated means, a human decides on a measure under paragraph 2.

(5) The customer may object to a measure within six months. We have the objection reviewed again by a human and lift the measure if it was not justified. Recourse to the courts remains open.

(6) The service description names our point of contact for authorities and for users under Art. 11 and 12 of the Digital Services Act; it can be reached in German and English.

§ 35 Features using artificial intelligence

(1) If a service offers features that generate or edit content using artificial intelligence, their results may be inaccurate or incomplete. The customer reviews results before using or publishing them.

(2) The customer is responsible for content it generates and uses with these features, including labeling under Art. 50(4) Regulation (EU) 2024/1689 (AI Act): it labels as artificially generated or manipulated image, audio and video content that resembles real persons, objects, places or events and would falsely appear authentic, as well as text published to inform the public on matters of public interest. For text, the labeling is not required if a human has reviewed it or exercised editorial control and a person holds editorial responsibility.

(3) The customer may not use the features for practices prohibited by Art. 5 AI Act, nor to deceive persons about the origin of content.

(4) Where we are the provider of an AI feature, we inform users that they are interacting with an AI system and mark content generated by it in a machine-readable format, to the extent Art. 50(1) and (2) AI Act require. The service description names the third-party models we use, and the data processing agreement names the sub-processors.

§ 36 Interfaces and third-party services

(1) If a service connects third-party systems, such as marketplaces, carriers, payment providers or email services, the customer needs its own contract with the third party; the third party's terms apply between the customer and the third party.

(2) We are not responsible for the availability, content or changes of third-party systems. If a third party changes its interface, we adapt the connection within a reasonable period where this is possible with reasonable effort; if it is not, either party may terminate the affected service.

§ 37 Data export and switching providers

(1) The customer may retrieve its data at any time during the term using the service's export functions in a structured, commonly used and machine-readable format.

(2) The customer may at any time request in text form to switch to another provider or to its own infrastructure, or to erase its exportable data (Art. 23 et seq. Regulation (EU) 2023/2854, Data Act). The switch begins upon expiry of a period of two months after receipt of the request, unless the customer names a shorter period.

(3) After this period has expired, we support the switch during a transitional period of no more than 30 days. If the switch is technically unfeasible within this period, we notify this with reasons within 14 working days of receipt of the request and name an alternative transitional period of no more than seven months. The customer may extend the transitional period once by a period it considers appropriate.

(4) Exportable data are all data the customer has brought in or generated through the use of the service, including the associated metadata, unless they are our intellectual property or trade secret or serve only the internal operation of the service. The service description of each service lists the categories exhaustively.

(5) After the transitional period, the customer may still retrieve its data for at least 30 days. We then completely erase all exportable data and digital assets of the customer, unless the law obliges us to retain them, and confirm the erasure on request.

(6) The contract ends upon successful completion of the switch. If the customer requests only erasure, it ends upon expiry of the period under paragraph 2. We confirm the end of the contract to the customer in text form. We do not charge a fee for the switch.

(7) If a contract with a fixed term ends through a switch before the end of that term, the customer owes as compensation 50% of the base fees that would still have accrued until the end of the fixed term. The customer remains free to prove that we suffered no damage or less damage.

(8) If the contract ends without a switching request, the customer may retrieve its data until the end of the contract and for 30 days thereafter; paragraph 5 sentence 2 then applies.

(9) We provide information on our website about the procedures, formats and known limitations of switching, about the jurisdiction to which our infrastructure is subject, and about our measures against unlawful governmental access from third countries (Art. 26 and 28 Data Act).

§ 38 Free services and trial access

(1) We provide free plans and trial access without any commitment regarding availability or support. We may change or discontinue them with four weeks' notice, or immediately in the event of misuse.

(2) A trial access ends at the end of the trial period without the need for termination, unless the customer books a paid plan before then. We delete data from a trial access 30 days after it ends.

(3) For free plans and trial access, we are liable only under § 14(1).