Terms of service

This English version is provided for convenience. Only the German version is legally binding.

As of: release date

§ 1 Scope

1. These terms apply to all contracts for our hosting services between Giegler Developing (owner Zoey Evelyn Giegler), Im Mediapark 5, 50670 Köln, Germany ("we") and you as our customer ("you"). They apply to consumers and businesses alike unless stated otherwise.
2. Your own terms only apply if we expressly agree to them in text form.
3. The contract language is German. We provide this English translation for information; the German version is binding.

§ 2 Services

1. We provide managed hosting: we deploy software on our own or rented servers, run, maintain and monitor it and make it available to you over the internet. Which service you order follows from your order.
2. With Fluxer hosting, we run your own instance of the chat software Fluxer at the address name.fluxer.software. This includes running it on our infrastructure, installing new versions, nightly backups, monitoring, a status page and the option to download an export of your instance at any time.
3. Your instance's resources depend on the plan you choose:

   Plan	Price/month	Online at once	Memory	CPU	Storage
   Starter	€9	150	2 GB	2	20 GB
   Community	€25	500	4 GB	4	100 GB
   Pro	€59	1,500	8 GB	8	250 GB

   "Online at once" is a guide from our load tests, not a guaranteed property.
4. Fluxer is free software by Fluxer Platform AB, published under the GNU Affero General Public License v3 (source code). We are an independent provider, not affiliated with Fluxer Platform AB. The software's features are determined by the versions Fluxer releases. We usually install new versions automatically and may do so even when features change, as long as that is reasonable for you.
5. Unless agreed otherwise, the following are not included: voice and video channels (until Fluxer releases its new voice system), moderating your community's content, supporting your members and changes to Fluxer's source code.
6. On request your instance runs on a subdomain of a domain you control (custom domain). You set up the DNS record we show you in the dashboard and keep it in place. The previous address then forwards to the custom domain. If you disconnect the custom domain, it keeps forwarding to the previous address for 30 days. For sponsored instances we set up custom domains on request.
7. With game server hosting, as far as we offer it, we provide you with a server for multiplayer games (e.g. Minecraft). You manage it yourself in a web control panel: you start, stop and configure the game server and install game server software, mods and plugins. This includes backups and, on request, a subdomain players can use to reach the server instead of an IP address. Resources and price depend on the plan you order. What these terms say about an instance applies to a game server accordingly; provisions that only concern Fluxer don't apply.
8. We may use subcontractors to provide our services, in particular data centre and infrastructure providers. We remain your sole contractual partner and are responsible for their work as for our own.
9. We award sponsored instances for communities (free of charge) at our discretion. These terms apply to them without the payment provisions.

§ 3 Conclusion of the contract

1. By submitting the order form and paying through Stripe you make a binding offer. The plans shown on our website are not yet an offer from us.
2. We check every order by hand, usually within 1 business day. The contract is concluded when we accept the order and send you a mail that your instance is set up.
3. We may reject orders without giving reasons, in particular if the requested name infringes third-party rights or is misleading, or if there are signs of unlawful use. If we reject an order, we refund any amount paid in full.

§ 4 Prices and payment

1. The prices at the time of ordering apply. All prices are monthly final prices in euro. No VAT is charged (small business exemption, § 19 UStG).
2. The fee is due monthly in advance, first with the order. The billing month starts on the day you order. Payment runs through Stripe. You'll find invoices and payment methods in the dashboard under "Billing".
3. If you move to a bigger plan, it applies at once; the difference for the current billing month is charged pro rata. A move to a smaller plan applies from the next billing month.
4. If a payment fails, we let you know by mail. If payment is still outstanding after a reminder, we may pause the instance after period, e.g. 14 days until payment arrives. § 6 applies accordingly.
5. We announce price changes by mail at least 6 weeks in advance. They don't apply if you cancel before they take effect; the announcement will point this out.

§ 5 Term and cancellation

1. The contract runs for an indefinite period. You can cancel at any time effective at the end of the current billing month, most easily in the dashboard, or by mail to support@giegler.software.
2. We can cancel with one month's notice effective at the end of a billing month.
3. Both sides' right to terminate without notice for good cause remains unaffected. Good cause for us includes in particular a serious breach of § 8 or payment arrears of more than two monthly fees.

§ 6 End of the contract and your data

1. When the contract ends, we pause your instance. It is then no longer reachable, but you can still download an export in the dashboard for at least 30 days. After that we delete the instance and its data.
2. Backups expire on their normal schedule: database snapshots after 8 weeks at the latest, files 30 days after their deletion.
3. Your instance's address stays reserved for 30 days after deletion and then becomes available again.
4. If the law or an order by an authority or court requires us to keep data, we keep a separate copy until that duty ends.

§ 7 Availability and maintenance

1. We aim for operation with as few interruptions as possible but owe no particular availability unless expressly agreed. check: state an availability target? The status page https://status.fluxer.software shows the current state.
2. We usually install updates at night (from 04:00 UTC); the instance restarts briefly. We announce larger maintenance in advance on the status page and by mail.
3. During disruptions we are not responsible for (such as outages at suppliers, attacks, force majeure), we are released from our obligation to perform for their duration.

§ 8 Your obligations

1. You are responsible for the content in your instance and how your members use it. You make sure the instance isn't used for unlawful purposes, in particular not for criminal content, infringing third-party rights, spam, malware or attacks on other systems.
2. You run the community on your own responsibility. Where the law requires it, you provide your members with your own information, such as a privacy policy or an imprint.
3. You may not put more than the usual load on our infrastructure, run load or security tests without our prior consent, or bypass protective measures.
4. With a game server, you comply with the licence terms and usage guidelines of the makers of the game and of the software you install, such as the EULA and usage guidelines of Mojang/Microsoft for Minecraft. This applies in particular if you charge players. You are responsible for software, mods and plugins you install yourself.
5. You keep your access credentials secret and tell us at once if you suspect misuse.

§ 9 Illegal content and suspension

1. We accept reports about illegal content through the page Report content (Art. 16 DSA). We review them promptly, diligently and objectively.
2. If we become aware of illegal content or a serious breach of § 8, we usually inform you first and give you the chance to fix it. If that isn't reasonable given the severity of the breach, or you don't fix it, we may make individual content inaccessible, pause the instance or restrict exports, as far as necessary and proportionate to end the breach.
3. We tell you about such a measure with a statement of reasons (Art. 17 DSA). You can object by mail to abuse@giegler.software; we'll review the decision again.

§ 10 Data processing and confidentiality

1. Where we process personal data in your instance on your behalf, our data processing agreement applies. It forms part of this contract.
2. We treat all non-public information we receive about you and your instance in connection with the contract as confidential, also after the contract ends. We impose this duty on our subcontractors and on everyone with access to this information. It doesn't apply where we are obliged to disclose information by law or by an order of an authority or court.

§ 11 Liability

1. We are liable without limitation for intent and gross negligence, for injury to life, body or health and under the Product Liability Act.
2. For slight negligence we are only liable for breaching essential contractual obligations, meaning those whose fulfilment makes proper performance of the contract possible in the first place and on which you may regularly rely. Liability is then limited to the foreseeable damage typical for the contract. check: cap for businesses, e.g. 12 months of fees
3. For loss of data we are only liable for the effort that would have been needed to restore it had you backed it up regularly, for example through regular exports.

§ 12 Right of withdrawal

If you are a consumer, you have a statutory right of withdrawal. The details are in the withdrawal notice.

§ 13 Changes to these terms

We can change these terms with effect for the future if there is an objective reason, such as a change in the law or a new service. We'll tell you about changes by mail at least 6 weeks before they take effect. If you don't object by then, the new terms apply; the notice will point out this consequence and your right to cancel. We only change essential obligations, in particular the service and the price, with your consent. check: whether deemed consent is permissible towards consumers (BGH XI ZR 26/20)

§ 14 Final provisions

1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law only applies as far as it doesn't deprive you of the protection of mandatory provisions of the country where you habitually reside.
2. If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is place of jurisdiction, e.g. Cologne.
3. If any provision is invalid, the rest of the contract remains valid.