with Customer Information & Annex: Regulations on Provider Change
1.1 These General Terms and Conditions (hereinafter "GTC") of ๊ฎ๏ฝ๐บ๐โฒ ๐ ฮ๐๐๐๐, trading as "Paperless-home" (hereinafter "Provider"), apply to all contracts for the provision of services in the field of Software-as-a-Service (hereinafter "SaaS") that a consumer or entrepreneur (hereinafter "Customer") concludes with the Provider regarding the services presented by the Provider on its website. The subject matter of the contract is the paid, time-limited provision of software (hereinafter "Software") in digital form via the Internet as well as the provision of storage space on the Provider's servers. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
1.4 The Software may contain links to services of third-party providers. These GTC do not apply to such services that are not provided by the Provider but by a third-party provider. This also applies if the services are provided free of charge and/or if registration with the Provider is required for their use. For these services, only the GTC used by the third-party provider or the statutory provisions apply in the relationship between the Customer and the third-party provider. The Provider merely mediates technical access to these services.
2.1 The Provider makes Software available to the Customer in digital form via the Internet for the duration of the agreed contract term. For this purpose, the Provider enables the Customer to access the Software, which remains on the Provider's server. The functional scope and technical specifications of the Software are described in more detail in the service description on the Provider's website. The Provider is only obliged to provide the Software with the functionalities defined in more detail in the service description. In particular, the Provider is not obliged to establish and maintain the data connection between the Customer's IT system and the Provider's server.
2.2 The Software is updated by the Provider at irregular intervals. Accordingly, the Customer only receives a usage right to the Software in the respective current version. The Customer has no claim to the achievement of a specific state of the Software.
2.3 The Provider provides the Customer with limited storage space on its servers for the use of the Software. The scope of the storage space is described in more detail in the service description on the Provider's website.
2.4 The Provider's services are offered subject to availability. 100% availability is technically not feasible and therefore cannot be guaranteed to the Customer by the Provider. However, the Provider endeavors to keep the service as constantly available as possible. In particular, maintenance, security or capacity concerns as well as events that are not within the Provider's control (disruptions of public communication networks, power failures, etc.) may lead to disruptions or temporary shutdown of the service.
2.5 The Provider takes measures appropriate to the state of the art for data backup. However, the Provider is not subject to any custody or safekeeping obligation. The Customer is responsible for adequate data backup.
2.6 The Provider provides the Customer with an operating manual in electronic form.
2.7 Unless otherwise stated in the service description on the Provider's website, the Provider is not obliged to provide support that goes beyond the contractual maintenance obligation of the Software.
3.1 The Provider reserves the right to change the services offered or to offer different services, unless this is unreasonable for the Customer.
3.2 The Provider also reserves the right to change the services offered or to offer different services,
3.3 Changes with only minor impact on the Provider's services do not constitute service changes within the meaning of this clause. This applies in particular to changes of a purely graphical nature and the mere change in the arrangement of functions.
4.1 The services described on the Provider's website do not constitute binding offers on the part of the Provider, but serve to make a binding offer by the Customer.
4.2 The Customer can submit the offer via the online order form provided on the Provider's website. In doing so, the Customer submits a legally binding contract offer regarding the selected services by entering his personal data and clicking the button that concludes the ordering process.
4.3 The Provider can accept the Customer's offer within five days,
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins to run on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Provider does not accept the Customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
4.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.ร r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Provider hereby declares acceptance of the Customer's offer at the time when the Customer clicks the button that concludes the ordering process.
4.5 When submitting an offer via the Provider's online order form, the contract text is stored by the Provider after conclusion of the contract and transmitted to the Customer in text form (e.g., e-mail, fax or letter) after sending his order. The Provider does not make the contract text accessible beyond this. If the Customer has set up a user account for the Provider's website before sending his order, the order data is archived on the Provider's website and can be retrieved by the Customer free of charge via his password-protected user account by entering the corresponding login data.
4.6 Before bindingly submitting the order via the Provider's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identification of input errors can be the browser's zoom function, with which the display on the screen is enlarged. The Customer can correct his entries within the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
4.7 German language is available for contract conclusion.
4.8 Order processing and contact are usually carried out by e-mail and automated order processing. The Customer must ensure that the e-mail address he has provided for order processing is correct so that e-mails sent by the Provider can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Provider or by third parties commissioned by the Provider for order processing can be delivered.
Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Provider's withdrawal instructions.
The Provider is the owner of all usage rights required for the provision of the Software. Unless otherwise stated in the service description on the Provider's website, the Provider grants the Customer a non-exclusive, non-transferable, time-limited right to use the Software for private and business purposes within the framework of these GTC. Any use of the Software beyond this is not permitted.
The Provider is entitled to use content and information that is provided to it by the Customer for the service within the framework of its contractual obligations and whose processing is necessary for proper service provision. The Customer grants the Provider the usage rights required for this free of charge, non-exclusively and limited to the duration of the contract, in particular the right to permanent provision and storage, the right to reproduction and the right to processing, and warrants that it is entitled to grant these usage rights.
8.1 The Customer is responsible for ensuring that the hardware and software used by it, including workstations, routers, data communication devices, etc., meets the technical minimum requirements for using the currently offered Software version.
8.2 The Customer is obliged to protect and keep the access data provided to it in accordance with the state of the art from access by third parties. The Customer ensures that use only takes place within the contractually agreed scope. Unauthorized access by third parties must be reported to the Provider immediately.
8.3 The Customer may not store any data on the storage space provided whose use violates applicable law, official requirements or orders, rights of third parties or agreements with third parties.
8.4 The content stored by the Customer on the storage space intended for it may be protected under data protection law. The Customer checks on its own responsibility whether its use of personal data meets data protection requirements.
8.5 The Customer must regularly make appropriate data backups on its own responsibility.
8.6 The Customer is obliged to check its data and information for viruses or other harmful components before entering them and to use measures appropriate to the state of the art (e.g., virus protection programs) for this purpose.
8.7 The Customer is responsible for ensuring that programs, scripts, etc. installed by it do not endanger the operation of the server or the communication network of the Provider or the security and integrity of other data stored on the Provider's servers.
8.8 If programs, scripts, etc. installed by the Customer endanger or impair the operation of the server or the communication network of the Provider or the security and integrity of other data stored on the Provider's servers, the Provider may deactivate or uninstall these programs, scripts, etc. If the elimination of the hazard or impairment requires this, the Provider is also entitled to interrupt the connection of the content stored on the server to the Internet. The Provider will inform the Customer of this measure immediately.
9.1 The Provider is generally not obliged to proactively check content posted by customers for its legality or compatibility with the rights of third parties or these GTC. However, the Provider reserves the right to check customer content for legality on a case-by-case basis on its own initiative and to take measures in accordance with the following provisions in the event of identified violations.
9.2 Customers and affected third parties can report allegedly illegal content to the Provider using the contact information in the Provider's imprint (e.g., by e-mail). The Provider is free to forward the content of a report to the customer who posted the reported content. The identity of the reporting person is only disclosed to the customer if this is absolutely necessary.
9.3 In the case of reports and within the framework of checks that may be carried out on the Provider's own initiative, human content control is generally carried out. In individual cases, automated technical review procedures may be used in addition.
9.4 If the illegality of content published by a customer is determined following a report or within the framework of a check on the Provider's own initiative, the Provider is entitled, even without prior notice or contact, to take one or more of the following measures at its reasonable discretion:
9.5 When choosing the measures to be taken, the Provider will consider the principles of proportionality and weigh the interests of the affected customer against its own interests in the unimpeded, trouble-free and integral continuation of its business activities. Criteria that are taken into account when imposing a measure are:
9.6 If customers frequently submit obviously unfounded reports or complaints, the Provider suspends the processing of reports and complaints from these customers after prior warning for a reasonable period.
10.1 Unless otherwise stated in the Provider's service description, the prices stated are total prices that include statutory value-added tax.
10.2 The payment options and payment modalities are communicated to the Customer on the Provider's website.
10.3 If a payment method offered via the "PayPal" payment service is selected, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Provider also offers payment methods via PayPal where it pays in advance to the Customer (e.g., purchase on account or installment payment), it assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Provider's assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Provider reserves the right to refuse the selected payment method to the Customer in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, it can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect.
10.4 If a payment method offered via the "Stripe" payment service is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the Customer on the Provider's website. To process payments, Stripe may use additional payment services, for which special payment terms may apply, which the Customer may be informed about separately. Further information about Stripe is available on the Internet at https://stripe.com/de.
11.1 The contract is concluded for an indefinite period and can be terminated by the Customer at any time without observing a notice period and by the Provider with a notice period of 14 days.
11.2 The right to extraordinary termination for important reasons remains unaffected. An important reason exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the mutual interests.
11.3 Terminations can be made in writing, in text form (e.g., by e-mail) or in electronic form via the termination device (termination button) maintained by the Provider on its website.
11.4 Upon termination of the contract, the Customer loses access to its user account. Furthermore, the Provider's obligation to store data posted by the Customer also expires upon termination of the contract.
If the Customer wishes to change to another provider or to an ICT infrastructure in its own premises, the regulations in the Annex on Provider Change, which are attached to these GTC as an appendix, apply.
If the Customer acts as a consumer, the provisions of statutory warranty apply.
If the Customer acts as an entrepreneur, the provisions of statutory warranty apply subject to the following limitations.
13.1 The Customer must immediately report any defects, disruptions or damage that occur to the Provider.
13.2 Warranty for only minor reductions in the suitability of the service is excluded.
13.3 Liability independent of fault pursuant to ยง 536a para. 1 BGB for defects that already existed at the time of contract conclusion is excluded.
13.4 Termination by the Customer due to non-granting of contractually agreed use is only permitted if the Provider has been given sufficient opportunity to remedy the defect and this has failed. A failure to remedy the defect is only to be assumed if it is impossible, if it is refused by the Provider or delayed in an unreasonable manner, if there are justified doubts regarding the prospects of success, or if there is an unreasonableness for the Customer for other reasons.
14.1 The Provider is liable for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
14.2 The Provider is liable without limitation for any legal reason
14.3 If the Provider negligently violates an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless liability is unlimited according to the preceding clause. Essential contractual obligations are obligations that the contract imposes on the Provider according to its content to achieve the purpose of the contract, whose fulfillment first enables the proper execution of the contract and on whose compliance the Customer can regularly rely.
14.4 Otherwise, liability of the Provider is excluded.
14.5 The above liability regulations also apply with regard to the Provider's liability for its vicarious agents and legal representatives.
The Customer indemnifies the Provider from all claims that other customers or other third parties assert against the Provider due to violation of their rights based on content posted by the Customer or due to its other use. The Customer also assumes the necessary costs of legal defense, including all court and attorney costs at the statutory rate. This does not apply if the Customer is not responsible for the legal violation. The Customer is obliged to provide the Provider immediately, truthfully and completely with all information required for the examination of claims and defense in the event of a claim by third parties.
The Provider undertakes to maintain confidentiality about all confidential information of which it becomes aware in connection with this contract and its execution and not to disclose it to third parties. Confidential information is information that is marked as confidential or whose confidentiality is evident from the circumstances, regardless of whether it has been communicated in written, electronic, embodied or oral form. The confidentiality obligation does not apply to the extent that the Provider is legally obliged or obliged on the basis of a final or legally binding administrative or court decision to disclose the confidential information.
17.1 The Provider reserves the right to change these GTC at any time, provided that the Customer agrees to the change.
17.2 The Provider also reserves the right to change these GTC without the Customer's consent,
17.3 The Provider will inform the Customer in good time and in an appropriate form about material changes to these GTC. Material are those changes that would significantly shift the contractual relationship to the Customer's disadvantage or would be equivalent to the conclusion of a completely new contract. These include, for example, regulations on the type and scope of the service or on contract duration and termination modalities.
17.4 The Customer's right of termination remains unaffected.
The law of the Federal Republic of Germany applies to all legal relationships of the parties. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
The Provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
The following provisions apply in the event that the Customer wishes to change to another provider or to an ICT infrastructure in its own premises.
2.1 "Data processing service" within the meaning of these GTC is a digital service provided to the Customer that enables comprehensive and on-demand network access to a shared pool of configurable, scalable and elastic computing resources of centralized, distributed or highly distributed nature that can be rapidly provisioned and released with minimal management effort or minimal interaction by the provider.
2.2 "Digital assets" within the meaning of these GTC are elements in digital form - including applications - for which the Customer has a usage right, regardless of the contractual relationship with the data processing service it wishes to change.
2.3 "ICT infrastructure in own premises" within the meaning of these GTC are ICT infrastructure and computing resources that are owned by the Customer or rented or leased by the Customer and that are located in the Customer's data center and operated by it or a third party.
2.4 "Change" within the meaning of these GTC is a process in which the Provider, the Customer and, if applicable, a receiving provider of data processing services are involved and in which the Customer changes from using the Provider's data processing service to using another data processing service of the same service type or another service that is offered by another provider of data processing services or that is offered to an ICT infrastructure in own premises, also by extracting, converting and uploading the data.
2.5 "Exportable data" within the meaning of these GTC are input and output data including metadata that are generated directly or indirectly through the Customer's use of the data processing service or jointly, with the exception of assets or data of the Provider or third parties that are protected by intellectual property rights or constitute a trade secret.
3.1 Before placing the order for the data processing services, the Provider provides the Customer with clear information on the following points:
3.2 The Provider's online register with data structures and formats, relevant standards and open interoperability specifications for data is available on the Provider's website.
4.1 The Customer must send the Provider a change notice with a notice period of 2 months, indicating that it is initiating the change. If the Customer only wishes to transfer certain services, data or digital assets, it must state this in the notice.
4.2 In the change notice, the Customer must state whether it intends:
4.3 The Provider will confirm receipt of the change notice to the Customer within 10 working days at the latest via the same communication channel used by the Customer.
5.1 The transition period is 30 calendar days and begins with the expiry of the notice period for initiating the change process.
5.2 If the Provider cannot comply with the agreed transition period for technical reasons, it undertakes:
The Customer must confirm receipt of this extension notice in writing or in text form within 10 working days.
5.3 The Customer may extend the transition period once by a period that it deems appropriate for its purposes, but not longer than 3 months. For complex migrations, the parties may agree on a longer period by mutual consent, but at most 12 months. The Customer must inform the Provider in writing or in text form of its intention by the end of the original transition period and specify the alternative transition period. The Provider will confirm receipt of such an extension notice in writing or in text form within 10 working days.
The Provider undertakes to support the Customer and third parties commissioned by the Customer appropriately from the beginning and throughout the entire duration of the change process so that the Customer can change within the agreed transition period. For this purpose, the Provider must in particular:
7.1 The Customer undertakes to take all reasonable measures to achieve an effective change. The Customer is responsible for importing and implementing data and digital assets into its own systems or into the systems of the target provider.
7.2 The Customer or third parties commissioned by it, including the target provider, undertake to respect the intellectual property rights and trade secrets in the materials provided by the Provider in the change process. The Customer also undertakes to grant third parties or the target provider access to these materials and, if applicable, to grant sublicenses for their use only to the extent that this is necessary for carrying out the change process until the end of the agreed transition period, including the alternative transition period, while respecting confidentiality obligations and the intellectual property rights granted by the Provider.
8.1 The Customer can retrieve or delete its data during the agreed period for data retrieval. The period for data retrieval is 30 calendar days and begins after the expiry of the agreed transition period. The parties may agree on a longer period if this is appropriate taking into account the mutual interests.
8.2 After the expiry of the agreed period for retrieval and upon successful completion of the change process, the Provider undertakes to delete all exportable data and digital assets that were generated by the Customer or that are directly related to the Customer, and to confirm to the Customer that it has done so. This does not apply to exportable data that the Provider must retain under mandatory EU law or the law of EU member states, provided that the Provider informs the Customer which exportable data it retains for how long and for what reasons.
The Provider does not charge any additional remuneration for the change process.
10.1 As soon as the Customer informs the Provider that the change process has been successfully completed, the Provider will immediately inform the Customer about the termination of the contract. If the Customer does not inform the Provider of the successful change or the lack thereof, although the Provider has reasonable grounds to assume that the change has been successfully completed by the Customer, the Provider may request confirmation from the Customer that the change has been successfully completed. If the Customer does not confirm the successful change within 30 working days of this request, it is assumed that the change was not successful, and the contract is not terminated but continued under the existing conditions.
10.2 If the Customer does not wish to change but wishes to delete its exportable data and digital assets, the Provider undertakes to inform the Customer about the termination of the contract at the end of the agreed notice period.
11.1 The contract is deemed to be terminated between the parties when one of the following events has fully occurred:
11.2 If the contract or the Provider's GTC contain clauses on termination due to statutory provisions or related cases, such as the following:
the agreement together with the agreed services and functions are not terminated or expire before one of the events according to the preceding clause has clearly occurred. This does not affect other rights or remedies available to a party against the other party.
The Customer may agree with the Provider on success criteria for the change as well as milestones for the change and report the status of their achievement during the change process. In any case, the Customer must inform the Provider of the successful change.
11.3 If the change process cannot be successfully completed, the parties must work together in good faith to improve the change process and achieve a successful completion, enable timely data transfer and maintain service continuity. In doing so, the Provider must support the Customer at its request in determining the reasons for the unsuccessful change and inform it how the identified obstacles can be removed or circumvented.
11.4 The change process is deemed to have been successfully completed when:
11.5 If the Customer decides at the end of the transition period not to delete all its exportable data and digital assets at the end of the agreed data retrieval period and wishes to ensure that they are available for a certain additional time with limited functionality, or if the Customer and the Provider have agreed to maintain the contract without the provision of certain services, unless the Customer expressly orders this, this can only occur after:
If the alternative data retrieval period and other conditions for the service during this time are proposed by the Provider, the contract may not be terminated or expire before the Customer has accepted the deletion at its own discretion and clearly confirmed that the contract is terminated.
11.6 The right of the contracting parties to terminate the contractual relationship by ordinary termination in the case of an indefinite contract remains unaffected, provided that the reason for termination is neither a provider change nor - on the part of the Customer - an intention to delete data.
11.7 If the contract was expressly concluded for a specific duration and the expiry date is reached before the change process is completed, and the Customer has not requested deletion of its exportable data and digital assets,
Last updated: November 6, 2025, 20:46:08