(1) BackHub UG (haftungsbeschränkt) (hereinafter referred to as “Service Provider”) provides a platform (hereinafter referred to as “Platform”) on the GitHub marketplace via which registered users can back up GitHub repositories. Further information about the services of the Platform can be found in the service description, § 8.
(3) Address and information about the Service Provider can be found here.
(2) In the event of changes in value added tax, the Service Provider is entitled to make an adjustment to the access fee corresponding to this change, without there being the aforementioned right of objection.
§ 3 Right to registration
(1) The use of the services available on the portal requires your registration as a user. A claim for participation shall not exist. The Service Provider is entitled to reject requests for participation without giving a reason.
(2) You are only permitted to register if you are of legal age and have unlimited legal capacity and pursue a commercial or independent professional activity. Minors are not allowed to register. For a legal entity, registration must be done by a legally competent natural person fully authorized to represent that entity.
§ 4 Login to the portal
(1) The user has the possibility of booking various usage plans on the portal, the scope of services of which can be viewed on the following page: github.com/marketplace/backhub.
§ 5 Access data
(1) During the registration process you will be asked to grant access to your data at GitHub. After your access has been activated you can log in to BackHub with your GitHub access.
(2) You are obliged to keep the access data, including the password, secret and to not make them accessible to unauthorised third parties.
(3) It is also your responsibility to ensure that your access to the portal and use of the services available on the portal is solely performed by you or by persons authorized by you. If you are concerned that unauthorised third parties have gained or will gain knowledge of your access data, please inform the Service Provider immediately. In accordance with the statutory provisions, you are responsible for all use and/or other activities that are performed with your access data.
§ 6 Updating the user data
It is your responsibility to keep your information (including your contact details) up-to-date. If there is a change in the provided information during the period of your participation, you must promptly correct said information in your personal settings on the portal. If you are unable to do so, please notify us immediately via e-mail or fax about the changes to your information.
§ 7 Termination of this agreement
(1) You can terminate GitHub marketplace plans at any time. There will be no refunds or credits for unused periods of service in the event of downgrade or termination. However, the service remains active for the duration of the paid billing period.
(2) Service level agreements shall be subject to a minimum contract term of twelve months. After expiry of the minimum contract term, the contract shall be automatically renewed for a further twelve months unless either party terminates the contract with one month’s notice prior to expiry of the minimum contract term or the respective renewal period.
(3) Once your termination takes effect, the contractual relationship ends and your access will be revoked. The Service Provider reserves the right to block the username and password once termination takes effect.
(4) The Service Provider is entitled to irretrievably delete all data resulting from your participation after a period of 30 calendar days from the effective date of termination and after the expiration of any legally mandated record-keeping deadlines.
§ 8 Services offered and availability of services
(1) On its portal Backhub, the Service Provider provides you with a data backup function for temporary use for the repository service provider GitHub on its marketplace. The service includes the storage and recovery of public and private GitHub repositories including metadata (hereinafter collectively referred to as “Content”). The Content is backed up as an incremental backup (daily) and kept for 30 days. The user is given the opportunity to download the Content from Backhub via web interface or to restore it to GitHub. When you delete a repository on GitHub, the backup is automatically archived. The last snapshot of the archived Content is not deleted after 30 days.
(2) Content and scope of the services are further determined by the respective contractual agreements, otherwise by the respective functionalities currently available on the portal and the optional service level agreements.
(4) For all services, the Service Provider guarantees an availability of 99% on a monthly average within his area of responsibility. Maintenance work or breakdowns for which the Service Provider is not responsible are not included in the calculation of availability.
(5) Apart from that, the right to use the services available on the portal only exists within the scope of the technical and operational possibilities of the Service Provider. The Service Provider is committed to providing its services with as few disruptions as possible. However, temporary restrictions or interruptions may occur due to technical disruptions (such as loss of power, hardware and software errors, or technical problems with the data lines).
§ 9 Service changes
The Service Provider is entitled, at any time, to change the services provided on the portal, to make new services available, and to cease the provision of unpaid services. In doing so, the Service Provider shall duly take your legitimate interests into account.
§ 10 Responsibility for Content and services of third parties
The services available on the portal are partly provided by the Service Provider and partly by third parties. Content from users and other third parties is collectively referred to as “Third-party Content”. The Service Provider does not check Third-party Content for completeness, accuracy or legality and therefore assumes no responsibility or liability for the completeness, accuracy, legality or timeliness of Third-party Content. This also applies with regard to the availability of Third-party Content and its suitability for the specific purpose of this portal.
§ 11 Scope of permitted use, monitoring of usage activity
(2) You yourself are responsible for creating, in your area of responsibility, the necessary technical prerequisites for the contractual use of the services. The Service Provider is not required to offer any advice on this subject.
§ 12 Use of paid services
(1) After a 14-day trial period, the Service Provider shall only offer chargeable services on the portal. Please refer to the current price list for the applicable prices.
(3) Please note further: You arrange the provision of the chargeable service directly through your booking in the GitHub marketplace. The use of the service can then be revoked within 14 days. You must cancel the 14-day trial period in the GitHub marketplace.
(5) In the case of service level agreements, the fee for the chargeable services shall be collected via invoice or credit card. The payment is due after invoicing with a term of payment of fourteen days.
(6) In the event of default, the Service Provider shall be entitled to charge default interest of 5% above the base rate for consumers and 8% above the base rate for entrepreneurs, unless the subscriber proves a lower loss or the Service Provider proves a higher loss.
(7) Offsetting is only permitted with undisputed or legally established counterclaims. You can only assert a lien if it is based on the same contract.
§ 13 Backing up own Content
(1) Insofar as functionality is available on the portal, you may back up the Content on the portal subject to the following provisions. The Content posted by the user remains the property of the user and is treated by the Service Provider in accordance with the data protection agreements.
(2) By posting Content, you grant the Service Provider a free and transferable right to use the respective Content, in particular
- to store the Content on the server of the Service Provider,
- to duplicate the Content, as far as this is necessary for the storage of the respective Content. Insofar as you withdraw the Content you have posted from the portal, the right of use and exploitation granted will expire. However, the Service Provider remains entitled to keep copies made for backup and/or verification purposes.
(3) You are fully responsible for the Content you submit. The Service Provider does not undertake a review of the Content for completeness, accuracy, legality, timeliness, quality and suitability for a particular purpose. You therefore represent and warrant to the Service Provider that you are the sole owner of all rights to the Content you have posted on the portal, or that you are otherwise authorised (e.g.: by an effective permission of the copyright holder) to post the Content on the portal and to grant the rights for usage and exploitation in accordance with paragraph (2) above.
(4) The Service Provider reserves the right to refuse the posting of Content and/or to edit, block or remove Content already posted without prior notice, if the posting of the Content by the participant or the Content itself is a violation of § 14 or if there is concrete evidence that there will be a serious violation of § 14. The Service Provider will, however, take into account your legitimate interests and choose the least intrusive means of preventing a breach of § 14.
§ 14 Prohibited activities
(1) You are prohibited from any activities in connection with the portal that violate applicable law, the rights of third parties or the principles of youth protection. In particular, the following actions are prohibited:
- the posting of Content, services and/or products that are pornographic in nature, violate child protection laws, data protection laws and/or other law and/or are fraudulent;
- the use of Content that insults or slanders other participants or third parties;
- the use, provision and distribution of Content, services and/or products that are protected by law or encumbered with third party rights (e.g.: copyright) without explicit authorisation.
(2) Furthermore, you are prohibited from engaging in any of the following activities, regardless of any violation of the law, in backing up your Content on the portal:
- the dissemination of viruses, trojans and other harmful files;
- asking other participants to disclose and saving their passwords or Personal Data for commercial or unlawful purposes;
- the distribution and/or publication of Content available on the portal, to the extent that this is not expressly permitted by the respective authors or provided as an explicit functionality on the portal.
(4) You shall also be prohibited from any action which may affect the smooth operation of the portal, in particular to unduly burden the systems of the Service Provider.
(5) Should you become aware of any illegal, abusive, contrary to the contract or in any other way unauthorized use of the portal, please contact email@example.com. The Service Provider will then check the event and if necessary take appropriate steps.
(6) If a suspicion of unlawful or criminal acts exists, the Service Provider is entitled and possibly also obliged to review your activities and, if necessary, initiate appropriate legal action. This may include forwarding records to the prosecutor.
§ 15 Suspension of access
(2) Should a temporary or permanent suspension occur, the Service Provider shall suspend your access authorisation and notify you thereof via email.
(3) In the event of a temporary suspension, the Service Provider shall reactivate your access authorisation after the suspension period expires and notify you thereof via email. Permanently suspended access authorisation cannot be recovered. Permanently suspended individuals are permanently excluded from participation in the portal and may not log on to the portal again.
§16 Data protection
(1) The quality claim of the Service Provider includes the responsible handling of the personal data of the users (this data is hereinafter referred to as “Personal Data”). Personal Data entered during the registration process for the portal, as well as resulting from the use of the available services, will only be collected, stored, and processed by the Service Provider to the extent necessary for the delivery of the contractual services and to the extent permitted by law or ordered by legislature. The Service Provider shall treat your Personal Data confidentially and in accordance with the provisions of the applicable data protection legislation. He will not disclose your Personal Data to third parties. The legal basis for this data collection is Art. 6 I b GDPR.
(3) If we process data in a third country outside the European Union or this kind of processing occurs in the context of the use of services of third parties, this processing is done only for the fulfillment of our contractual obligations or if we have received the necessary consent. Subject to legal or contractual permissions, we have the data processed in a third country only if the particular requirements of Art. 44 ff. GDPR are met. Processing is done only on the basis of specific guarantees, such as the officially recognized determination that the level of data protection is equivalent to the EU (for the US through the “EU-US Privacy Shield”), or in observance of officially recognized special contractual obligations in the form of “standard contractual clauses” of the European Commission.
§ 17 Limitation of liability
(1) The Service Provider is liable within the scope of the use of the services by you in accordance with the following regulations.
(2) The Service Provider is liable without limitation for damages caused intentionally or through gross negligence by the Service Provider or his legal representatives, executives or simple vicarious agents.
(3) The Service Provider is not liable in cases of slightly negligent violation of only insignificant contractual obligations. Furthermore, the Service Provider’s liability for damages caused by the slight negligence is limited to those damages such as are typically associated and foreseeable with contractual relationships of this kind (contract-typical, foreseeable damages). This also applies to slightly negligent breaches of duty by the legal representatives, executives or vicarious agents of the Service Provider.
(4) The above limitation of liability does not apply in the case of malice, in the case of bodily injury or personal injury, for the violation of warranties as well as for claims arising from product liability.
§ 18 Final provisions
Service Level Agreement
In this service level agreement (hereinafter “SLA”) the services of BackHub UG (haftungsbeschränkt) towards its customers are defined in detail with regard to scope and quality.
(1) In addition to § 8 IV, the Service Provider shall guarantee 99.9% availability of its services.
(2) Excluded from the aforementioned availability are failures for which the Service Provider is not responsible, as well as necessary maintenance work.
(1) The support hotline is available to customers around the clock for backup and recovery tasks. A response time of 24 hours is guaranteed. A personal support employee is available to the customer.
(2) The response time defines the time between the receipt of a request and the first response to it. This reaction does not necessarily represent the solution or the answer to the question, but can include questions for further analysis. This further analysis can go beyond the agreed reaction time.
The Service Provider can be contacted as follows: E-Mail: firstname.lastname@example.org
The customer can make individual agreements with the Service Provider regarding security assessments, order processing and general service agreements. Within the framework of the service level agreement, the compatibility of these additional agreements with the general terms and conditions of the Service Provider is checked and agreed upon if compatibility exists.