Terms of Service

1. Provider and scope

These General Terms and Conditions apply to contracts between Anikeen UG (haftungsbeschränkt) & Co. KG, Buntspechtweg 21, 53123 Bonn, Germany, trading as Uptimr, and customers relating to digital services, uptime monitoring, consulting and related services.

Deviating terms proposed by the customer only apply if Uptimr expressly agrees to their validity.

2. Formation of contract

The presentation of services on the website does not constitute a legally binding offer. A contract is formed when Uptimr expressly accepts an order, request or individual assignment, or begins providing the service.

For individually agreed services, the scope of services, prices, terms and technical conditions result from the respective offer, order confirmation or applicable service agreement.

3. Services and cooperation

Uptimr provides the agreed services in accordance with the state of the art and within the scope of the respective described service features. Customers must provide the information required for the provision of the service in a timely, complete and accurate manner.

Additional third-party terms may apply for domains, external services, software, open-source components, registries, data centres and network operators, to the extent required for the respective service.

4. Prices, billing and payment

The prices agreed at the time the contract is concluded apply. Recurring fees fall due in the agreed billing period, unless otherwise agreed.

If the customer falls into arrears with payments, Uptimr may, after prior notice, restrict or suspend services, provided this is proportionate and the customer's statutory rights remain unaffected.

5. Term and termination

Term and notice periods result from the respective offer or applicable service agreement. If no fixed term has been agreed, ongoing services may be terminated with one month's notice to the end of the billing period.

The right to extraordinary termination for good cause remains unaffected. Good cause may exist in particular in the case of material breaches of duty, legal violations, misuse of the services, or sustained default in payment.

6. Permitted use

The services may not be used for unlawful content, malware, spam, phishing, attacks on IT systems, content infringing copyright, or other abusive purposes.

Uptimr may temporarily suspend content, services or access if there are concrete indications of unlawful use, security risks or significant disruptions. The customer will be informed of this to the extent legally and technically possible.

7. Availability, maintenance and changes

Uptimr strives for a high level of availability of its services. Maintenance work, security updates, disruptions, force majeure and events outside Uptimr's sphere of influence may lead to temporary restrictions.

For digital products and digital services, mandatory consumer rights — in particular regarding provision, conformity with the contract, updates and defect rights — remain unaffected.

8. Liability

Uptimr is liable without limitation in cases of intent, gross negligence, injury to life, body or health, and under mandatory statutory provisions.

In the case of slightly negligent breach of material contractual obligations, Uptimr's liability is limited in amount to the foreseeable damage typical for this type of contract. Material contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely.

9. Data protection and data processing

Information on the processing of personal data can be found in the privacy policy. To the extent that Uptimr processes personal data on behalf of the customer, the parties shall conclude a data processing agreement pursuant to Art. 28 GDPR.

10. Consumer rights and withdrawal

Consumers generally have a statutory right of withdrawal in the case of distance contracts. Details can be found in the withdrawal notice and the withdrawal form. Statutory rights relating to defects remain unaffected.

11. Final provisions

German law applies. With respect to consumers, this choice of law only applies to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

If any provision of these Terms is invalid, the validity of the remaining provisions remains unaffected. Statutory provisions shall take the place of invalid provisions.