Legal

Terms of Service

These Terms of Service govern all contracts concluded between you and ECSO CLOUD for our cloud, server, network and related services.

Last updated: 08.10.2026

01Scope and definitions

1.1

These Terms of Service apply to all contracts between ECSO CLOUD, An d. Klasgaß 4, 56218 Mülheim-Kärlich, Germany (hereinafter "we" or "us") and our customers (hereinafter "Customer") in the version valid at the time the contract is concluded.

1.2

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 BGB). An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade, business or profession (Section 14 BGB).

1.3

Deviating, conflicting or supplementary terms and conditions of the Customer do not become part of the contract, even if we do not expressly object to them.

1.4

Individual agreements made with the Customer take precedence over these Terms of Service. Otherwise, the following order of precedence applies: the product description valid at the time of the order, the Service Level Agreement (if separately agreed), and these Terms of Service.

02Conclusion of contract

2.1

The presentation of our products on our website does not constitute a legally binding offer, but an invitation to place an order.

2.2

To place an order, the Customer must have a customer account. The Customer selects the desired product in the customer area, configures it and is shown an overview of the order with all costs before submitting it. Up to this point, the Customer can correct input errors at any time using the usual keyboard and mouse functions or cancel the process. By clicking the order button, the Customer submits a binding offer to conclude a contract.

2.3

We confirm receipt of the order by email without delay. This confirmation of receipt does not yet constitute acceptance of the offer. The contract is concluded when we expressly accept the order or provide the ordered service, at the latest within five working days of receipt of the order.

2.4

We store the contract text. The Customer can view the order data and invoices in the customer account at any time; these Terms of Service can be accessed on this page. The contract languages are German and English.

2.5

Only persons who are at least 18 years old and have full legal capacity may conclude a contract. The Customer warrants that the information provided in the customer account is correct and complete and must update it in the event of changes without undue delay, at the latest within 14 days. Upon request, the Customer must provide evidence of the accuracy of the information.

03Term and termination

3.1

Contracts are concluded for an indefinite period unless otherwise agreed in the product description or individually.

3.2

Cloud products billed by the hour can be terminated by the Customer at any time without notice by deleting the respective resource in the customer account. The contract for the resource ends upon deletion; from this point on, no further fees are incurred.

3.3

Otherwise, the contract can be terminated with a notice period of 30 days to the end of a calendar month without giving reasons, unless the product description provides for a different notice period. This also applies to termination by us. Notice of termination can be given in text form (e.g. by email), via the customer account or via the Terminate contracts here page.

3.4

The right of both parties to terminate without notice for good cause remains unaffected. Good cause for us exists in particular if the Customer is in default of payment of a significant amount for more than two months, or if the Customer seriously or repeatedly violates the obligations set out in Sections 6 and 7 despite a warning. A warning is not required if continuing the contract is unreasonable for us, for example in the event of attacks on third-party systems originating from the Customer's services.

3.5

Upon termination of the contract, we are entitled to delete all data stored by the Customer on our systems. The Customer is responsible for backing up their data in good time before the end of the contract.

3.6

The transfer of rights and obligations under the contract to a third party requires our prior consent in text form.

04Scope of services

4.1

The scope of services is determined by the product description valid at the time of the order and any individual agreements. We may discontinue services provided free of charge with reasonable advance notice.

4.2

We strive to achieve an average annual availability of our network of 99%. Times during which the services are unavailable due to announced maintenance or due to circumstances beyond our control (e.g. force majeure, failures of third-party networks) are not taken into account. Guaranteed availabilities and credits only apply if a Service Level Agreement has been separately agreed.

4.3

For domain registrations, we act as an intermediary between the Customer and the respective registry. We cannot guarantee that a requested domain will be assigned. The Customer can only assume a successful registration once we have confirmed it. The registration terms of the respective registry apply additionally.

4.4

Where IP addresses are allocated, the Customer has no claim to a specific IP address. We may change allocated IP addresses for technical or legal reasons, giving reasonable advance notice. We do not check IP addresses against blacklists before allocation.

4.5

Support services that go beyond the product description will only be provided and charged separately after prior agreement with the Customer.

05Prices and payment

5.1

The prices shown at the time of the order apply. For consumers, all prices include the statutory value added tax. For entrepreneurs, prices are shown plus the statutory value added tax where indicated.

5.2

Products billed by the hour are charged on an hourly basis for the time during which the resource exists, regardless of whether it is switched on or used. Other products are billed in advance for the respective billing period. Fees are due immediately upon invoicing. Payment is made using the payment methods offered in the customer account. Invoices are provided exclusively in electronic form.

5.3

If the Customer is in default of payment, we are entitled to charge default interest at the statutory rate (Section 288 BGB). The assertion of further damages remains unaffected.

5.4

If the Customer is in default of payment, we may also suspend our services after prior notice with a reasonable deadline until the outstanding amount has been paid in full. The Customer's obligation to pay the agreed fees remains unaffected during the suspension.

5.5

The Customer may only offset claims that are undisputed or have been legally established. The Customer may only exercise a right of retention on the basis of claims arising from the same contractual relationship.

5.6

The Customer must comply with applicable export control regulations, in particular those of the European Union and the Federal Republic of Germany.

06Customer obligations and data security

6.1

For root servers, cloud servers and comparable products, the Customer has sole administrator rights. The Customer is responsible for installing, configuring, maintaining and securing these systems, in particular for installing security updates in good time.

6.2

The Customer must set up and operate their systems in such a way that the security, integrity and availability of our network, our servers and third-party systems are not impaired. In particular, it is prohibited to carry out (D)DoS attacks, port scans or other attacks on third-party systems, or to operate open mail relays, open resolvers or similar systems that can be misused for such purposes.

6.3

The Customer is responsible for regularly backing up their data on systems outside of the services provided by us, in particular before making any changes. Backup services offered by us do not release the Customer from this obligation unless expressly agreed otherwise.

6.4

The Customer must keep access data secret and protect it against unauthorised access by third parties. If the Customer suspects that third parties have gained knowledge of access data, the Customer must change it without delay and inform us.

07Acceptable use

7.1

The Customer is responsible for ensuring that the content they store, publish or transmit and the use of our services comply with applicable law, in particular criminal law, copyright and trademark law, competition law, data protection law, the protection of minors and the rights of third parties.

7.2

In particular, it is prohibited to store, distribute or make accessible content that is illegal, glorifies violence, is extremist or terrorist, constitutes child sexual abuse material, is defamatory or insulting, or infringes the rights of third parties. The distribution of pornographic content and the provision of gambling offers are only permitted in compliance with the applicable statutory requirements, in particular regarding age verification and licensing.

7.3

It is prohibited to send unsolicited advertising (spam), to forge sender information or to conceal the identity of the sender in any other way. The distribution of malware and the operation of phishing websites are also prohibited.

7.4

The mining, farming or plotting of cryptocurrencies is prohibited on all products unless expressly permitted in the product description.

08Notices and content moderation

8.1

Anyone can notify us of content they consider illegal or contrary to these terms via our abuse form or via our support. We review every notice carefully, objectively and without undue delay. Reviews are carried out by our employees; automated tools are only used to support the detection of attacks and spam.

8.2

If there are concrete indications of illegal content or a serious breach of Sections 6 or 7, we may, taking into account the legitimate interests of the Customer, request the Customer to remedy the situation within a reasonable period, block access to the affected content or temporarily suspend the affected service in whole or in part. Where the protection of third parties or our infrastructure requires immediate action, we may take these measures without prior notice. We always choose the mildest effective measure.

8.3

We inform the Customer of any restriction with a clear and specific statement of reasons in accordance with Art. 17 of the Digital Services Act, unless this is prohibited by law or by an order of an authority.

8.4

The Customer may object to a measure at any time via the support ticket system or by email to dsa@ecso.cloud. We will review the objection individually and lift the measure without delay if it proves to be unjustified. The right to take legal action remains unaffected.

09Data protection

9.1

We process personal data of the Customer in accordance with the applicable data protection regulations. Details can be found in our Privacy Policy.

9.2

If the Customer processes personal data of third parties using our services, the Customer is the controller within the meaning of the GDPR. In this case, the Customer must conclude a data processing agreement pursuant to Art. 28 GDPR with us, which is available in the Customer account.

9.3

We generally have no knowledge of the content stored by the Customer on their systems. The Customer is responsible for implementing appropriate technical and organisational measures on the systems administered by them, such as encryption and access protection.

10Use by third parties

10.1

The Customer may allow third parties to use the services. In this case, the Customer remains our sole contractual partner and must ensure that the third party complies with these Terms of Service.

10.2

The Customer is responsible for the conduct of third parties to whom they have granted use as for their own conduct. Insofar as the Customer is responsible for a breach of duty, the Customer shall indemnify us against all claims asserted by third parties against us as a result, including the reasonable costs of legal defence.

11Liability

11.1

We are liable without limitation for damages caused intentionally or through gross negligence, for damages resulting from injury to life, body or health, for damages under the Product Liability Act and in the event of the assumption of a guarantee.

11.2

In the event of slight negligence, we are only liable for the breach of essential contractual obligations (cardinal obligations). Cardinal obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely. In this case, liability is limited to the foreseeable damage typical for this type of contract.

11.3

In the event of loss of data, we are only liable for the effort that would have been required to restore the data had the Customer properly backed up their data in accordance with Section 6.3.

11.4

Any further liability is excluded. The above limitations of liability also apply to the personal liability of our employees, representatives and vicarious agents.

12Statutory warranty for defects

12.1

The statutory provisions on warranty apply. The Customer must report defects to us without undue delay via the support ticket system.

12.2

For entrepreneurs, the limitation period for claims for defects regarding delivered goods is twelve months from delivery; for used goods, claims for defects are excluded. This does not apply to claims for damages in accordance with Section 11.1 and to defects that have been fraudulently concealed.

13Right of lien

To secure our claims arising from the contractual relationship, the Customer grants us a lien on hardware brought into our data centres by the Customer or by third parties on the Customer's behalf (colocation). We may only realise the lien if the Customer is in default of payment and we have threatened the sale in text form, stating the outstanding amount. The sale may take place no earlier than one month after the threat, or one week for merchants. Any surplus from the sale will be paid out to the Customer.

14Promotional credit and creator codes

14.1

New customers receive a one-time starting credit of EUR 20 after registering and successfully completing the identity verification. The starting credit is granted only once per person and company; creating multiple customer accounts to obtain it repeatedly is not permitted.

14.2

The starting credit is booked to the customer account and can only be used for our paid services. It cannot be paid out, transferred to other accounts or exchanged for cash, and it does not bear interest. If the customer account is closed, unused starting credit expires.

14.3

We may end the promotion at any time with effect for future registrations. Credit already granted remains unaffected. In the event of abuse, in particular when using false information or multiple accounts, we may cancel the starting credit.

14.4

Customers can apply a creator code to an open invoice before payment. The discount is deducted from the invoice amount. Only one creator code can be used per invoice, and creator codes cannot be combined with credit on the same invoice. The conditions for creators can be found in the Creator Program Terms.

15Free services and public interfaces

15.1

We provide certain services free of charge, in particular public interfaces at free.ecso.cloud. There is no entitlement to the use, availability or a specific scope of free services. We may change, restrict or discontinue them at any time.

15.2

Free services may only be used within the technical limits we specify (e.g. rate limits) and in accordance with Section 7. Automated mass queries that impair the operation of the services are not permitted. We may block access in the event of misuse.

15.3

For free services, we are only liable for intent, gross negligence and injury to life, body or health, as well as for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

16Changes to these terms

16.1

We may amend these Terms of Service for valid reasons, in particular due to changes in the law or case law, technical developments or the introduction of new services, provided that the amendment is reasonable for the Customer. Amendments that affect the main contractual obligations, in particular the scope of services and prices, are excluded from this.

16.2

We will notify the Customer of amendments in text form at least six weeks before they take effect. The Customer may object to the amendment within this period. If the Customer objects, the contract continues on the previous terms; in this case, we are entitled to terminate the contract with the regular notice period. If the Customer does not object, the amendments are deemed accepted. We will expressly inform the Customer of this consequence in the notification.

16.3

We will notify the Customer of price changes for ongoing contracts in text form at least six weeks before they take effect. In this case, the Customer may terminate the contract with effect from the date on which the price change takes effect.

17Right of withdrawal for consumers

Consumers have a right of withdrawal in accordance with the following provisions. Entrepreneurs have no right of withdrawal.

Withdraw from contract

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (ECSO CLOUD, An d. Klasgaß 4, 56218 Mülheim-Kärlich, Germany, email: support@ecso.cloud, phone: +49 2631 4609825) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but it is not obligatory. You can also declare your withdrawal online using the withdrawal function on our website (Withdraw from contract).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

Early expiry of the right of withdrawal

In the case of a contract for the provision of services, the right of withdrawal expires when we have provided the service in full and only began performing the service after you gave your express consent and at the same time confirmed your knowledge that you will lose your right of withdrawal upon complete performance of the contract by us.

Model withdrawal form

(If you want to withdraw from the contract, please complete and return this form.)

To ECSO CLOUD, An d. Klasgaß 4, 56218 Mülheim-Kärlich, Germany, email: support@ecso.cloud:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*):
Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:

(*) Delete as appropriate.

18Consumer dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Section 36 VSBG).

19Final provisions

19.1

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law only applies insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

19.2

If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is our registered office. The same applies if the Customer has no general place of jurisdiction in Germany. We are also entitled to sue the Customer at their general place of jurisdiction. Mandatory statutory places of jurisdiction remain unaffected.

19.3

Should individual provisions of these Terms of Service be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall apply in place of the invalid provisions.