Terms of service

§ 1 Scope

These terms apply to the use of UpSpec (the “Service”), offered by LIVCK.cloud – René Roscher (sole proprietorship) (“Provider”). The Service is aimed exclusively at businesses within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Deviating terms of the customer only apply if the Provider agrees to them in writing.

§ 2 Trial and conclusion of contract

On registration, the customer receives a free trial period of 30 days. The trial ends automatically and does not turn into a paid contract without an explicit order. A contract is concluded when the customer orders a plan and the Provider confirms the order.

§ 3 Services

The scope of services follows from the description of the chosen plan valid at the time of the order. The Provider continues to develop the Service; essential features of a paid plan are not reduced during the term without equivalent replacement.

§ 4 AI features

AI features use a provider chosen and configured by the customer. The customer is responsible for the contract with this provider, its costs and for reviewing AI results.

§ 5 Prices and payment

The prices stated at the time of the order apply per active person plus statutory VAT. Monthly plans are billed monthly, yearly plans yearly in advance. People added during the term are billed pro rata.

§ 6 Term and termination

Monthly contracts can be terminated at the end of each billing month, yearly contracts at the end of the term; without termination they renew for the same period. The right to terminate for good cause remains unaffected. After the end of the contract, the customer can export their content for 30 days; after that it is deleted.

§ 7 Customer obligations

The customer keeps access credentials secret, grants permissions carefully and does not upload unlawful content. The customer is responsible for the content that they and their users upload.

§ 8 Data protection

Insofar as the Provider processes personal data on behalf of the customer, the parties conclude a data processing agreement under Art. 28 GDPR, which forms part of this contract.

§ 9 Liability

The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health and under the German Product Liability Act. In the event of a slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract, at most to the fees of the last twelve months. Otherwise, liability is excluded.

§ 10 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is the Provider’s registered office. Should a provision be invalid, the remainder of the contract remains valid.