Terms of Service

1. Parties and scope

These Terms govern the contract between syscoon GmbH, Loh 7, 77978 Schuttertal, Germany (trading as "CloudWady"), and the business customer registering for or using the CloudWady platform ("Customer").

CloudWady contracts exclusively with entrepreneurs within the meaning of § 14 BGB — including companies, freelancers (Freiberufler), self-employed individuals (Einzelunternehmer), legal persons under public law and special funds under public law. The platform is not offered to consumers (§ 13 BGB).

2. Services provided

CloudWady provides, as a Software-as-a-Service offering:

• Managed hosting of Odoo-based applications on third-party infrastructure (Hetzner, DigitalOcean or other published sub-processors)
• Deployment automation, CI/CD, monitoring and backup orchestration
• Self-service administration of projects, environments and tenants
• Technical support via the defined support channels

3. Conclusion of contract

A contract is concluded when the Customer completes the registration on cloudwady.com and CloudWady confirms activation of the subscription in text form (e-mail).

Offers on the website are non-binding invitations to treat.

4. Free trial

CloudWady may offer time-limited free trials. Trial tenants are provided without warranty and may be suspended or deleted at the end of the trial period.

Trial data is retained no longer than 30 days after trial end unless the tenant is converted to a paid subscription.

5. Accounts and access

• Provide accurate account and billing details and keep them current
• Keep credentials, API keys and SSH keys confidential
• Enable multi-factor authentication for administrative roles where available
• Notify CloudWady without undue delay of any suspected unauthorised use

6. Fees, VAT, billing and auto-renewal

Subscription fees are invoiced in advance according to the plan selected at signup (monthly or annual). All prices shown on the website are net prices, excluding VAT. German statutory VAT (currently 19%) is added where legally applicable.

• Monthly subscriptions renew automatically each month
• Annual subscriptions renew automatically each year
• Usage-based charges (storage, bandwidth, addon resources) are invoiced in arrears

In case of payment default, CloudWady may suspend the affected tenants after written notice and a reasonable grace period, without prejudice to further claims.

7. Term and termination

Monthly subscriptions may be terminated by either party with 14 days' notice to the end of the current billing period. Annual subscriptions may be terminated with three months' notice to the end of the contract year.

The right to extraordinary termination for good cause (§ 314 BGB) remains unaffected. Termination must be in text form (e-mail suffices).

On termination, CloudWady provides the Customer with a reasonable period (at least 30 days) to export tenant data before deletion. See Section 11 for retention and deletion details.

8. Acceptable use

The Customer undertakes not to use the platform to:

• Violate applicable laws or third-party rights
• Distribute malware, phishing content or unsolicited bulk mail
• Conduct intrusion, probing or denial-of-service attacks against any system
• Process content that is defamatory, discriminatory or otherwise unlawful
• Bypass rate limits, resource quotas or technical protection measures
• Reverse engineer or attempt to derive the source of non-open-source CloudWady components

9. Third-party software (Odoo, addons)

CloudWady deploys Odoo Community Edition under LGPLv3. Use of Odoo Enterprise Edition requires the Customer to hold a valid Odoo Enterprise subscription with Odoo S.A. or an authorised partner; CloudWady does not resell Enterprise licences by default.

The Customer is responsible for the legality of any third-party modules, themes or data they install on their tenants, including compliance with the respective licence terms.

11. Data retention and return

On request during an active subscription, CloudWady provides the Customer with reasonable tooling (database dumps, filestore exports) to retrieve their Customer Data.

After the contract ends, the Customer has at least 30 days to export Customer Data. After this grace period, Customer Data is deleted from live systems; residual copies in backups are overwritten in line with the documented backup retention policy.

Statutory retention obligations of CloudWady (e.g. accounting records under the HGB and the AO) are unaffected.

12. Availability and maintenance

CloudWady endeavours to keep the platform available around the clock on a commercially reasonable basis, but cannot guarantee uninterrupted service.

Scheduled maintenance is announced at least 48 hours in advance whenever possible. Emergency maintenance, security patching and actions required by sub-processors may occur without prior notice.

Downtime caused by factors outside CloudWady's reasonable control (including sub-processor outages, DDoS attacks, or force majeure) is not attributable to CloudWady.

13. Warranty

The statutory warranty provisions for service contracts (Dienstvertrag) under German law apply. CloudWady warrants that the platform is provided with the care and diligence expected from a professional managed-services provider.

No warranty is given that the platform is suitable for a particular purpose of the Customer, that results can be achieved with specific third-party addons, or that the platform will be entirely free of defects.

14. Limitation of liability

CloudWady is liable without limitation for damages arising from (i) intent and gross negligence, (ii) injury to life, body or health, (iii) liability under the Product Liability Act (ProdHaftG), and (iv) assumed guarantees.

For slight negligence, CloudWady is only liable for breaches of essential contractual obligations ("cardinal duties"). Liability is limited in such cases to the foreseeable damage typical for this type of contract, but at most to the fees paid by the Customer in the twelve months preceding the event.

All other liability for slight negligence is excluded. These limitations also apply to liability for CloudWady's legal representatives, employees and vicarious agents.

15. Force majeure

Neither party is liable for failures in performance caused by events beyond their reasonable control, including natural disasters, war, terrorist acts, strikes, government actions, internet or power outages and failures of underlying cloud providers.

16. Changes to these Terms

CloudWady may amend these Terms with reasonable notice (at least 30 days) by e-mail. If the Customer objects in writing within the notice period, the contract continues under the previous terms until the next ordinary termination date. Continued use after the effective date constitutes acceptance.

17. Governing law and jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Exclusive place of jurisdiction for all disputes is the court competent for the registered seat of syscoon GmbH, to the extent legally permissible.