Terms and Conditions
for the online service “RabbitCloud”
The following General Terms and Conditions ("GTC") also contain statutory information regarding consumer rights under the regulations governing distance selling contracts and electronic commerce.
1 Scope
1.1 These Terms and Conditions apply between CodeWorkers GmbH, Paracelsuspark 7, 59063 Hamm, Deutschland ("Provider"), and individuals who register to use our online service "RabbitCloud" which is provided as a web application and as a mobile app ("User"). The Terms and Conditions apply in the version valid at the time of the respective conclusion of the contract.
1.2 The services of the provider are intended exclusively for consumers (§ 13 BGB) and expressly not for entrepreneurs (§ 14 BGB). Special provisions in these Terms and Conditions for consumers are marked accordingly.
1.3 The user agrees to the applicability of these Terms and Conditions when registering for RabbitCloud.
1.4 The provider reserves the right to change these Terms and Conditions at any time without stating reasons. The user will be informed of the changes by an electronic notification within the use of RabbitCloud. If the user does not object to the changes within four weeks after receiving the notification by deleting their user account with RabbitCloud and uninstalling the RabbitCloud app, the amended provisions shall be deemed accepted. The user may also be additionally informed about changes to the Terms and Conditions by another message from RabbitCloud, in which the user can indicate their agreement to the new Terms and Conditions by checking a box (opt-in). This notification is expressly not an alternative to the aforementioned electronic notification, but is intended solely to provide increased transparency for the user.
Excluded from the right to make changes under this section are provisions affecting the main performance obligations of the contractual parties, which would significantly alter the relationship between principal obligations and counter-obligations, as well as any other fundamental changes to contractual obligations that are equivalent to entering into a new contract. For such changes, an explicit contractual agreement is required.
2 Subject Matter of the Contract
2.1 RabbitCloud consists of a mobile application for iOS and Android devices (hereinafter "RabbitCloud App"), as well as a web application (hereinafter "RabbitCloud Web"), each offering different features. In order to use all functions of RabbitCloud, both the RabbitCloud App and the RabbitCloud Web version must be used. When downloading the RabbitCloud App from a third-party provider, such as the Apple App Store (for iOS devices) or the Google Play Store (for Android devices), the respective terms and conditions of the third-party provider additionally apply.
2.2 The provider strives to ensure that its services are always and as fully as possible available to users on the agreed end devices, and takes all reasonable technical and personnel precautions to prevent overload or failure of RabbitCloud as much as possible and to keep it continuously available. However, the provider does not guarantee uninterrupted availability and is at any time entitled to block RabbitCloud completely, partially, generally, or for individual users or user groups. Where possible, the provider will inform users of planned maintenance periods that may result in prolonged unavailability. The provider is at any time entitled to restrict the availability of RabbitCloud in general or access to individual applications for certain periods or to discontinue the service.
2.3 The provider cannot guarantee a completely error-free display of RabbitCloud on the agreed devices, especially when using unsuitable or outdated hardware and software (e.g., outdated browsers, devices and operating system software no longer supported by the manufacturer). The RabbitCloud app and RabbitCloud web can only be used with a functioning internet connection. It is the user's responsibility to establish and maintain the necessary conditions to use RabbitCloud (e.g., sufficient internet access with enough bandwidth, adequate hardware).
Using the RabbitCloud app requires Google services. It is the user's responsibility to establish and maintain the necessary conditions to use the RabbitCloud app (device compatible with Google services, Google account, ...).
3 Service Description
3.1 RabbitCloud is a service for breeding management in connection with activities as a breeder of rabbits and other animals. According to these terms of use, the provider makes the functions of RabbitCloud available to the user for use.
3.2 RabbitCloud includes various features that the user can access after successful registration. The user can create animal profiles and fill them with information to support the digital management of their breeding. Profiles of created animals can be shared by users with other users. RabbitCloud offers an import function for the user's data from Kanin ZDRK.
3.3 RabbitCloud enables the user to create breeding documents (“simple breeding documents”) (e.g., litter certificates, pedigree certificates, and vaccination records), and to store them in RabbitCloud or save/share them with other users. The provider has no influence over whether simple breeding documents are recognized by other animal breeders or breeding associations.
3.4 Currently, RabbitCloud can generate officially recognized breeding documents for rabbits (“ZDRK Breeding Documents”) from the ZDRK. The provider cooperates with the ZDRK for this purpose. This service depends on the continuation of the cooperation between the ZDRK and the provider, and the provider has only limited influence over this. Therefore, the provider may discontinue this service at any time. This does not entitle the user to any special right of termination. The main purpose of RabbitCloud remains breeding management.
3.5 The provider is entitled at any time to make changes to RabbitCloud, in particular to modify the structure and functionalities, to set up, amend, or remove them in whole or in part, especially if these are functionalities introduced on a trial basis and not yet fully developed (beta functionalities). The provider is also entitled at any time to change the conditions for posting contributions and public comments by users and, in particular, to restrict the times during which contributions and comments can be posted. Furthermore, the provider is entitled to have parts or all of its services rendered by third parties. The provider is especially entitled to restrict or completely discontinue the ability to submit statements to ZDRK.
3.6 The provider grants the user a simple, non-sublicensable, non-transferable, revocable at any time, temporally limited to the duration of the user agreement, and materially restricted right in accordance with these terms of use to access the current version of RabbitCloud via telecommunication and to use the functionalities associated with RabbitCloud in accordance with this agreement. The user does not receive any rights beyond this, especially not to RabbitCloud, the software applications underlying RabbitCloud, or the operating software.
3.7 The user will use RabbitCloud only for their personal and non-commercial purposes. They may not use RabbitCloud beyond the scope permitted by this agreement, allow third parties to use it, or make it accessible to third parties.
4 Conclusion of Contract
4.1 To actively use RabbitCloud, registration as a user in the RabbitCloud app or on RabbitCloud Web is required. To register, the user must provide their name, email address, and a password of their choice.
4.2 The usage agreement between the provider and the user is concluded either (a) when the user creates their user account by registering in the RabbitCloud app or RabbitCloud web in accordance with Section 4.1, or (b) when the user purchases a subscription for the use of RabbitCloud via the RabbitCloud website.
4.3 The registration process is complete once the user has clicked the “Register” button. Upon successful registration, a user account will be created for the user, which they can access using their email address and the password they chose during registration.
4.4 The user can identify and correct any input errors in the respective input form. If the user has forgotten their password, they can request instructions for resetting the password to the email address provided during registration in the login area. As part of these instructions, after clicking a link received by email, the user must set a new password. The user's login credentials can be changed at any time in the settings of RabbitCloud. Changing the user's name data is technically limited.
4.5 The user can use RabbitCloud free of charge if and to the extent that the provider has granted the user the right to use RabbitCloud free of charge. The period of free use of RabbitCloud is generally 14 days (“trial period”), unless otherwise agreed with the user in individual cases. The provider may agree with the user that the user can extend the trial period by performing certain actions.
4.6 The usage agreement is established when the user selects a usage package for RabbitCloud on the RabbitCloud website or in the RabbitCloud app and confirms by clicking the "buy now" button. The user is then redirected to the payment provider's page, where they enter their payment details and email address to complete the payment. Through the RabbitCloud app, users can only purchase usage packages after registration. If the user has not yet created a user account in RabbitCloud with the specified email address at the time of purchase on the RabbitCloud website, an account will be created automatically and the user will receive an email with instructions on how to access the account. If the user already has a user account under the specified email address in RabbitCloud, the existing account will be activated for the use of the corresponding RabbitCloud package after the contract is concluded.
4.7 Subject to Sections 4.5 and 4.6, the user agreement is concluded when the user selects a usage package for using RabbitCloud by opening the RabbitCloud app or RabbitCloud web, and confirms by clicking "buy now". The user is then redirected to the relevant payment service provider to complete the payment. Subsequently, access to RabbitCloud is automatically activated.
4.8 RabbitCloud is available to the user in different versions with varying functionalities. The user can choose to use RabbitCloud as one of three packages: Basic, Pro, and Family.
4.8.1 As part of the "Basic" package, RabbitCloud is only available to the user with its main functions. The user can create breeding documents and save the weight of animals as information, as well as create simple pedigrees covering up to three (3) generations. The user can create so-called "stall cards" with a QR code for their animals (only in RabbitCloud Web), which link to the animal profiles (which can only be opened in the RabbitCloud App), and can also store information about which animals have been paired together. Through RabbitCloud Web, it is visible which animals the user has bought from or sold to which contact. The user can save one (1) image per animal profile and share one (1) created animal profile at a time via the sharing function. Additionally, a status can be assigned to animals if they have died or been sold. An animal can be designated as a breeding animal, which causes its profile to be displayed at the top of certain lists. Users can comment on animal profiles and choose whether comments are positive (+) or negative (-) in content. RabbitCloud also includes a search function with various filter options and can search for animals by their identification.
4.8.2 Compared to the limited functionality of the "Basic" package, users of the "Pro" package can use all features of RabbitCloud without restriction (subject to section 3). In addition to the features of the "Basic" package, users can view animal weight curves, access extended pedigrees up to seven (7) generations (only in RabbitCloud Web), document vaccinations (only in RabbitCloud Web; the vaccinations and their validity periods can then also be viewed in the animal profile in the RabbitCloud app), and add show ratings to animals. Users can also create an address book where contacts with names, addresses, email addresses, and phone numbers can be stored. Users can view analyses, genetic formulas, and inbreeding coefficients, as well as see the breeding success of animals based on the ratings of their offspring and, for female animals, litter size. Additionally, users can use the comparison function to compare two animals of different sexes (only in RabbitCloud Web). Users can store up to ten (10) images per animal profile and share up to 99 created animal profiles at once via the sharing function. Users can also add a family member (as defined in section 4.8.3 below), who can then use the RabbitCloud features in the same way as the user. The profile of the family member will not be synchronized with the user's RabbitCloud.
4.8.3 The "Family" package includes all features and scope of the Pro version and allows the user to add additional persons living in the same household as "family members." These family members can then use the functions of RabbitCloud just like the user. After successful conclusion of the contract, the user will receive an email with instructions on how to add family members. The provider will activate the added family members subject to section 4.8.4. A maximum of three (3) family members can be added. The user can store up to 15 images per animal profile and share up to 299 created animal profiles simultaneously using the sharing function.
4.8.4 The provider reserves the right to activate family members only after verification of their family member status by submitting appropriate documents (e.g. identification document, proof of residence, etc.). The user is responsible for their family members. Family members are also considered “users” of RabbitCloud. Whenever the term user(s) is mentioned in this document, it also includes family members.
5 User Obligations
5.1 The user assures that the information provided by them during registration for and use of RabbitCloud is true and complete. Furthermore, the user is obliged to promptly update any changes (master data, payment data) in their user account.
5.2 The user assures that the information provided by them during registration for and use of RabbitCloud is true and complete. Furthermore, the user is obliged to promptly update any changes (master data, payment data) in their user account.
5.3 The user will not misuse RabbitCloud or violate applicable laws or regulations while using it. In particular, the user will not upload any data to RabbitCloud or the underlying IT system that contains viruses or other types of malware, and will not use RabbitCloud in any way that negatively affects the availability of the service for other users.
5.4 The user may not reproduce, store in other media, distribute (except via the sharing function of RabbitCloud), or modify the information, data, and documentation integrated into RabbitCloud (the “RabbitCloud Material”). Access to RabbitCloud or the RabbitCloud Material using automated processes (e.g., robots, spider tools, etc.) or in any other way that deviates from normal user behavior is not permitted. Printing and saving individual pages is only allowed for personal use or to recommend RabbitCloud to friends and relatives.
5.5 The integration of RabbitCloud into your own software products / online services or into third-party software products / online services, whether by "framing" or in any other way, is not permitted.
5.6 The complete or partial reverse engineering of RabbitCloud, as well as the derivation, modification, adaptation, translation, decompilation, or disassembly of the source code, and the creation of derivative works based on it, is not permitted.
5.7 In the context of using RabbitCloud, the user is prohibited from:
- Using RabbitCloud for commercial or advertising purposes
- Copying, reproducing, distributing, displaying, or using RabbitCloud in any way not expressly permitted by this agreement
- Selling, lending, distributing, or otherwise transferring RabbitCloud
- Using RabbitCloud to infringe upon or violate the rights of third parties, especially intellectual property rights (such as image rights)
6 Rights in Case of Breach of Contractual Obligations
6.1 The provider reserves the right to terminate the user agreement without notice at any time and to block the user's access if the user has provided false information during registration, violated their obligations under the user agreement (see in particular sections 4 to 6), or in the event of misuse of RabbitCloud.
6.2 The provision of services by RabbitCloud under continuing obligations is subject to the condition that the customer fulfills their payment obligations on time. If the customer:
6.2.1 for two consecutive months, with the payment of the agreed prices or a significant part of these prices, or
6.2.2 if payment of the agreed prices is overdue for an amount equal to the prices for two (2) months, within a period extending over more than two (2) months, RabbitCloud is entitled to
6.2.3 to suspend the affected partial services until payment of the fees, or
6.2.4 to terminate the affected partial services without notice. In addition to the prices for the services provided up to the effective date of termination, RabbitCloud is entitled to a compensation fee equal to the agreed prices for the period from termination until the end of the regular contract term. The customer is entitled to prove that RabbitCloud has suffered no damage or less damage than the compensation fee. If such proof is provided, only the proven damage must be compensated. Any other further rights of RabbitCloud due to default remain unaffected. The termination of the contract does not release the customer from the obligation to pay for the services used up to the time of discontinuation.
6.3 The provider is entitled to delete, in whole or in part, any posts, public comments, or other content submitted by the user to RabbitCloud, or to delay or refrain from publishing other user content, if there are specific indications that the content violates these terms of use or legal requirements, or if the user has otherwise culpably breached obligations under these terms of use. In such cases, the provider may also issue a warning to the user and/or temporarily or permanently exclude the user from using RabbitCloud.
6.4 If the user has been excluded from using RabbitCloud by the provider or if the user agreement has been terminated by the provider, the user is no longer permitted to use RabbitCloud with any other user accounts, including accounts created for third parties, nor to register again for use.
6.5 The provider is entitled to restrict or discontinue the provision of RabbitCloud in whole or in part, as well as to delay the publication of personal profiles or other user content, if this is necessary due to capacity limitations, the security or integrity of the servers, to carry out technical measures, or if it serves the proper or improved delivery of services (maintenance work).
7 User Rules
7.1 The user content published in RabbitCloud does not originate from the provider and is not checked by the provider for legality, accuracy, or completeness. If a user believes that user content is illegal, infringes on their rights or the rights of a third party, or is otherwise inappropriate, they must immediately report this to the provider by contacting them. The provider reserves the right to block and/or delete such user content at short notice.
7.2 The user must behave respectfully towards others and – in addition to the obligations in Section 5 – adhere to the following rules:
- Please treat others politely and use friendly language.
- Do not share your password and do not ask other users for their passwords.
- Do not post content that is sexually explicit, racist, or otherwise inappropriate.
- Do not harass or annoy other users.
- Do not use offensive language; any abusive behavior is prohibited.
- It is forbidden to reproduce, make publicly accessible, distribute, edit, or otherwise use advertisements and content of other users without their prior consent in any way that goes beyond the agreed use of RabbitCloud.
- It is forbidden to collect information, especially email addresses or phone numbers, about other users without their prior consent.
- Do not spy on other persons, do not access their computer systems without authorization, or otherwise actively harm them in any way.
- Do not act on our behalf or make statements on our behalf.
- Do not intentionally disrupt or damage RabbitCloud.
- Do not access RabbitCloud and its content via third-party applications unless this is necessary for the contractual use of RabbitCloud.
- Do not search for, test, or exploit vulnerabilities of RabbitCloud and its IT infrastructure.
- Do not share or support activities of other users that violate these Terms of Use.
- You may not post content that violates applicable law or these Terms of Use.
- You may not link to other media with unlawful content.
8 Minimum age
To accept these terms of use and use RabbitCloud without the prior consent of a legal guardian, the user must be at least 18 years old.
If the user is not yet 18 years old, the provider reserves the right to require proof of consent from a legal guardian as a condition for using RabbitCloud.
9 User Content and Usage Rights
9.1 The provider grants the user, for the duration of the user agreement, the non-exclusive, non-transferable, and non-sublicensable right to use RabbitCloud remotely on the provider's systems as a single license in accordance with its intended purpose. Therefore, subject to section 4.8.3, a separate account must be created for each user.
9.2 The user can create content in RabbitCloud. Everything the user posts or otherwise makes available in or through RabbitCloud is hereinafter referred to as "user content." Subject to the usage rights regulated below, the user retains all rights to the content they have posted in RabbitCloud and is solely responsible for it. The user grants the provider a simple, non-exclusive, worldwide right to use the user content. However, the provider will only use the user content to the extent necessary for the operation of RabbitCloud (and, if applicable, by a company that takes over the operation of RabbitCloud). The provider will not reproduce, make publicly accessible, distribute, or publish the user content outside RabbitCloud or beyond what is necessary to facilitate breeding reports according to section 3.3. However, the provider cannot exclude the possibility that user content may be used by third parties outside of RabbitCloud. The provider has no influence over such use and is not responsible for it.
9.3 When publishing user content, the user is obligated to comply with all applicable laws in order not to infringe the rights of third parties. This particularly applies to personal and intellectual property rights (e.g., copyright, trademark rights, etc.). Before publishing, the user must ensure that they are authorized to use images, videos, and texts. If the user breaches this obligation, they are required to indemnify the provider from any claims that third parties may assert against the provider as a result of the infringement; this does not apply if the user acted without fault.
9.4 The user grants these usage rights to the provider until the termination of the use of RabbitCloud or the deletion of the respective user content.
9.5 The user is obliged to promptly provide the provider, upon request, with all truthful and complete information necessary for the examination of claims and for defense against them, in the event of claims made by third parties.
9.6 Any liability of the user beyond these provisions remains unaffected.
9.7 The user is not entitled to use RabbitCloud beyond the scope of use permitted under these Terms and Conditions, nor to allow third parties to use it or make it accessible to third parties. In particular, the user may not rent, lend, sell, sublicense, transfer, assign, or otherwise make RabbitCloud or any rights thereto available to third parties, nor may the user copy RabbitCloud or authorize such copying, whether in whole or in part, except in the cases expressly permitted herein. Reverse engineering of RabbitCloud is only permitted in cases specified by law. Users are not considered third parties within the meaning of this provision.
10 Statutory Defect Rights
The statutory warranty rights apply to the provider's services.
11 Additional Terms for the Use of the iOS App
The conditions listed in this section apply only to the iOS version of the app (which the user obtained from the Apple App Store). These provisions are minimum requirements mandated by Apple for custom app terms of use/terms and conditions:
CodeWorkers GmbH Paracelsuspark 7 59063, Hamm Deutschland info@rabbitcloud.com
11.1 The provider is solely responsible for the app. The store operator is not involved in the development and has no influence on the content or design of the app. Therefore, the following applies:
11.1.1 Support and maintenance of the app are the sole responsibility of the provider and not the store operator. The provider's contact details are:
11.1.2 The provider guarantees that the app is free of defects. In the event that the app or any related service is defective, the user may also contact the store operator, who may refund the purchase price if applicable. Otherwise, the store operator is not responsible for guaranteeing the app. Any further liability rests solely with the provider.
11.1.3 For any other claims by the user or third parties arising from the app or its use, only the provider is responsible, not the store provider. This applies in particular to product liability as well as violations of legal obligations, administrative regulations, or consumer protection regulations.
11.1.4 If a third party asserts claims due to the infringement of intellectual property by the app itself or by the possession and use of the app by the user, the provider alone is responsible for reviewing, settling, and handling these claims as well as for defending against them, not the store operator.
11.2 The user affirms that they
11.2.1 is not a resident of any country that is subject to an embargo by the United States government or that has been designated by the United States government as a country that supports terrorism, and
11.2.2 not be listed on any list of persons with whom the United States government has prohibited or restricted trade (restricted party list).
11.3 Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use. If the user agrees to these Terms of Use, Apple has the right to enforce any rights or claims it is entitled to under this agreement against the user.
12 Right of Withdrawal for Consumers
12.1 Consumers have a fourteen-day right of withdrawal according to the following provisions (for business users, the right of withdrawal is excluded):
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (CodeWorkers GmbH, Paracelsuspark 7, 59063 Hamm, Deutschland, email:) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, telephone, or email). You may use the attached withdrawal form for this purpose, but it is not mandatory. You can also fill out and submit the withdrawal form electronically. If you make use of this option, we will immediately (e.g. by email) send you a confirmation of receipt of such a withdrawal.
Consequences of Withdrawal
If you withdraw from this contract, we must refund all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fees for this refund.
If you have requested that the service begins during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point at which you notify us of your withdrawal from this contract in relation to the total scope of services provided for in the contract.
End of the withdrawal policy
12.2 Expiry of the Right of Withdrawal
The right of withdrawal expires in the case of a contract for the provision of services, even if the provider has fully performed the service and has only begun to carry out the service after the user has given their express consent and at the same time confirmed their knowledge that they lose their right of withdrawal upon full performance of the contract by the provider.
The right of withdrawal also expires in the case of a contract for the delivery of digital content not on a physical data carrier, if the provider has begun to execute the contract after the user has given their express consent and at the same time confirmed their knowledge that they lose their right of withdrawal upon commencement of the execution of the contract.
12.3 If the user wishes to withdraw from the contract, they should fill out this form and send it back to:
CodeWorkers GmbH Paracelsuspark 7 59063, Hamm Deutschland info@rabbitcloud.com
I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()
Ordered/received on (*) Name of the consumer(s) Address of the consumer(s) Email address of the consumer
Signature of the consumer(s) Date
(*) Delete as appropriate
13 Liability
13.1 The provider is liable to the user for all damages caused by the provider or its legal representatives or agents in cases of intent or gross negligence, without limitation.
13.2 In cases of slight negligence, the provider is liable without limitation for injury to life, body, or health. Otherwise, the provider is only liable if the company has breached an essential contractual obligation (cardinal obligation). Cardinal obligations are duties whose fulfillment makes the proper execution of the usage agreement possible in the first place, the violation of which endangers the achievement of the purpose of the contract, and on whose compliance the contractual partner may regularly rely. In these cases, liability is limited to the compensation of foreseeable, typically occurring damages.
13.3 The landlord's liability under §536a BGB for initial defects of the rental object is excluded. This does not apply to injuries to life, body, and health.
13.4 Furthermore, if and to the extent that the provider offers its services to the user free of charge, the provider's liability for all cases of slight negligence is excluded.
14 Confidentiality and Data Protection
14.1 The provider will treat as confidential any information that comes to their knowledge in the course of providing their contractual services.
14.2 The provider complies with the data protection laws applicable to it. The provider's privacy policy is available at any time at the following web address: .
15 Prices and Payment Terms
15.1 The prices stated in the RabbitCloud app, in RabbitCloud web, and on the RabbitCloud website before the conclusion of the contract are total prices (gross prices), which include the applicable statutory value-added tax (VAT). Prices, payment methods and types, as well as the timing of invoicing, will be specified and determined during the payment process. Payment processing may, depending on the type of contract conclusion, be carried out either by a payment service provider commissioned directly by the provider or via the payment processing of an App Store.
15.2 Invoices are payable within 14 days of receipt. In case of doubt, invoices are considered received three business days after the invoice date. Early payment discounts are not granted. Any bank fees incurred (especially for international payments) are the responsibility of the customer.
16 Term and Termination
16.1 If RabbitCloud is provided to the user free of charge, the user agreement is concluded as a framework agreement between the provider and the user for an indefinite period. The user agreement is terminated upon deletion of the account with RabbitCloud. The account can be deleted at any time. The right to extraordinary termination for good cause remains unaffected.
16.2 If RabbitCloud is made available to the user as part of a subscription, the usage agreement between the provider and the user is concluded, at the user's choice, for either one (1) year or one (1) month. The user has the option to terminate the usage agreement for the first time at the end of the agreed term.
16.3 To simplify the billing process, if an annual subscription transitions into an unlimited contract, an annual fee will be charged to the user in advance for each additional contract year or part thereof. If the user terminates the contract before the end of the respective year, the prepaid annual fee will be refunded on a pro-rata basis.
16.4 If the contract conclusion and payment processing take place via an App Store, the user must, in addition to terminating with the provider according to section 16.2, also cancel the subscription with the App Store provider. The cancellation periods agreed with the App Store provider apply in this case. The provider will inform the user of this during the account deletion process.
16.5 If the user does not terminate in due time in accordance with Section 16.4, the user agreement will be extended for an indefinite period. The user has the right to terminate at any time with a notice period of one month.
16.6 In the event that the provider discontinues the RabbitCloud service, they have the right to terminate the contract extraordinarily and without notice.
16.7 The data provided by the user and the created user profile or user account will be deleted by the provider upon termination of the usage agreement, subject to any retention obligations; if the provider is entitled not to delete certain data for legal or other reasons, he may alternatively block them; once the retention authorization/entitlement ceases to apply, the provider will delete the data.
17 Special Offers
17.1 At irregular intervals, time-limited promotional offers, such as user referral programs or prize draws, may be offered, which can be discontinued at any time. Only users who have purchased a paid subscription (Basic, Pro, Family), which has not been effectively revoked within the statutory withdrawal period and/or properly and/or immediately terminated, are eligible to participate in these promotions.
17.2 The specific terms of each promotion are set out in the respective promotional offer.
17.3 There is no legal entitlement to participate.
17.4 If an advantage is designated for new customers, the following applies: A new customer is someone who has never previously purchased a KaninCloud/RabbitCloud membership.
17.5 Individual promotions cannot be combined with other individual promotions.
17.6 Cash payouts of the values of promotional benefits are excluded.
17.7 If discounts are granted on the user fee, they will be deducted from the next due fee of the eligible user.
17.8 If vouchers are granted, they will generally be provided digitally, for example by means of redeemable voucher codes. The provision of these will take place no later than 60 days after all conditions for receiving the voucher have been met.
18 Final Provisions
18.1 German law applies, excluding the uniform UN Convention on Contracts for the International Sale of Goods. If the user is a consumer, the applicability of mandatory provisions of the legal system applicable at their place of residence remains unaffected.
18.2 The place of performance for all mutual obligations arising from the user agreement is Hamm.
18.3 If the user is an entrepreneur, the place of jurisdiction shall, at the provider's discretion, be either the user's place of business or Hamm, Deutschland.
18.4 The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes related to online orders without going to court. The dispute resolution platform is available to users here: https://ec.europa.eu/consumers/odr/
18.5 The provider is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
18.6 The application RabbitCloud operated by the provider, as well as all of its content, in particular texts, photos, images, graphics, illustrations, and any software, as well as all trademarks, patents, and utility models, are all protected by intellectual property rights, in particular copyrights, name and image rights, trademarks, valid patents, or utility models against unauthorized use. Use requires the prior written consent of the provider or, if the respective rights are not held by the provider, the consent of the rights holder.
18.7 If the user provides support in the development of RabbitCloud (e.g. by assisting with bug tracking, suggesting features, etc.), this is done on a voluntary basis. The provider does not grant the user any rights to the resulting outcomes or to RabbitCloud. If the user holds copyright to texts or content, they grant the provider an exclusive, transferable right to use the texts and/or content.
19 Provider information
CodeWorkers GmbH Paracelsuspark 7 59063, Hamm Deutschland
Commercial Register: HRB11970 Register Court: Amtsgericht Hamm VAT Identification Number: DE452978213
info@rabbitcloud.com
20 Storage option and access to the contract text; Contract language
These Terms and Conditions can be viewed and accessed at: https://rabbitcloud.com/terms. The user can also download the Terms and Conditions in PDF format free of charge at the following URL: https://api.rabbitcloud.com/pdf/legal/terms. The user can view the remaining contract information and data in their user account.
The language of the contract is German. Only the German-language terms available at: https://rabbitcloud.com/de/terms are legally binding. Translated versions are provided as a non-binding service for guidance purposes only.
