General Terms and Conditions

Scope of Application
Conclusion of the Contract
Sale on Trial
Right to Cancel
Prices and Payment Conditions
Shipment and Delivery Conditions
Granting Rights of Use for Licence Keys
Contract Duration and Contract Termination Regarding Subscription Contracts
Reservation of Proprietary Rights
Warranty
Liability
Redemption of Campaign Vouchers
Redemption of Gift Vouchers
Applicable Law
Place of Jurisdiction
Alternative dispute resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company epiKshare GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.

1.2 Regarding the purchase of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.

1.3 For contracts regarding the delivery of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.

1.4 These GTC apply accordingly to contracts for the provision of license keys, unless otherwise agreed. In this respect, the Seller owes the provision of a license key for the use of the digital content or digital services described by him (hereinafter "digital products") as well as the granting of the contractually agreed rights to use the respective digital products. The Client does not acquire any intellectual property rights to the digital product. The respective product description of the Seller is decisive for the quality of the digital product.

1.5 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.

1.6 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

1.7 According to the Seller’ product description, the object of the contract may be the supply of goods by way of a one-time delivery or the supply of goods by way of a stable delivery (hereinafter referred to as “subscription contract”). In case of a subscription contract, the Seller commits to supply the Client with the contractually owed goods for the duration of the agreed contract period and at the contractually agreed time intervals.

2) Conclusion of the Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.

2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart. The Client may also submit his offer to the Seller by e-mail, per online contact form or telephone.

2.3 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
- by requesting the Client to pay after he placed his order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

2.4 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.

2.5 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.

2.6 The German and the English language are exclusively available for the conclusion of the contract.

2.7 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3) Sale on Trial

3.1 When choosing the option “order on approval” (sale on trial), the contract will be concluded subject to the condition that the Client agrees with the ordered goods by explicit declaration made to the Seller (for example by post, fax, or e-mail) within a period of fourteen days, or that the Client does not reject the goods already delivered by explicit declaration made to the Seller (for example by post, fax, or e-mail) within a period of fourteen days. The approval period begins on the day following the day the Client has received the goods.

3.2 During the approval period, the Client is entitled to check the delivered goods regarding quality, characteristics and functionality and to keep them for this purpose. In this case, he must handle the goods carefully with regard to a possible obligation to return them. If the Client uses the goods in a manner not required for checking the quality, characteristics and functionality, he shall be liable for a possible diminished value of the goods.

3.3 If the Client declares approval of the goods within the approval period or if he does not reject the goods within the approval period, the Client shall be obliged to pay the agreed purchase price. In this case the buyer has to immediately transfer the agreed purchase price to the Seller’s account and at the latest within a period of seven days, unless otherwise agreed. The payment period starts on the day following the Client’s declaration of approval or, if an explicit approval was not declared, on the day following the expiry of the approval period. The timely transfer of payment to the Seller’s account shall be decisive for meeting the deadline.

3.4 If the Client declares the refusal of the goods within the period of approval, he has to return those goods to the Seller within a period of seven days at his own expense, unless agreed otherwise. The timely dispatch shall be sufficient to observe the deadline. The Client has to use a suitable packaging in order to prevent damages during transportation.

3.5 If the Client culpably violates his duty to exercise proper care and/or his obligation to return the goods, he is obliged to compensate the Seller for the resulting harm.

3.6 The statutory right to cancel will not be affected by the above-mentioned provisions.

4) Right to Cancel

4.1 Consumers are entitled to the right to cancel.

4.2 Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.

4.3 The right to cancel does not apply to consumers, who are no nationals of a member state of the European Union at the time of concluding the contract und whose exclusive domicile and delivery address were located outside of the European Union at the time of concluding the contract.

5) Prices and Payment Conditions

5.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description

5.2 Payment can be made using one of the methods mentioned in the Seller’s online shop .

5.3 In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.

5.4 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date

5.5 If a payment method offered via the payment service "Stripe" is selected, the payment shall be processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). The individual payment methods offered via Stripe are communicated to the customer in the seller's online shop. For the processing of payments, Stripe may use the services of third party payment service providers, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Stripe" is available on the Internet at https://stripe.com.

5.6 When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit assessment and to refuse this payment method if the credit check is negative.

6) Shipment and Delivery Conditions

6.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.

6.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.

6.3 Personal collection is not possible for logistical reasons.

6.4 Vouchers will be provided to the Client as follows:

by download
by e-mail

6.5 Licence keys will be provided to the Client as follows:

by e-mail
via display on the screen
via download

6.6 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counterperformance.

7) Granting Rights of Use for Licence Keys

7.1 The license key provided entitles the Client to use the software or content as described in the respective product description.

7.2 The granting of rights shall become effective only when the Client has fully paid the owed remuneration.

8) Contract Duration and Contract Termination Regarding Subscription Contracts

8.1 The right to immediate termination for important reasons remains unaffected.

An important reason is considered, when the continuation of the contract is no more reasonable until the end of the agreed contractual period or until expiry of the notice period for termination, taking into account all circumstances of the particular case and with balanced judgement of mutual interests

8.2 Notices of termination can be made in writing, in text form (e.g. by e-mail) or in electronic form via the cancellation feature (cancellation button) provided by the Seller on its website.

9) Reservation of Proprietary Rights

If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.

10) Warranty

10.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:

10.2 If the Client acts as trader

the Seller may choose the type of subsequent performance,
for new goods, the limitation period for claims for defects shall be one year from delivery of the goods,
for used goods, the rights and claims for defects are excluded,
the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

10.3 The above-mentioned limitations of liability and shortening of the period of limitation do not apply

to claims for damages and reimbursement of expenses of the Client,
if the Seller has fraudulently concealed the defect,
for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,
for any existing obligation of the Seller to provide updates for digital products with respect to contracts for the supply of goods with digital elements.

10.4 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.

10.5 If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.

10.6 If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

11) Liability

The Seller is liable to the Client for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

11.1 The Seller is liable without limitation for any legal reason

in the event of intent or gross negligence,
in the event of intentional or negligent injury to life, body or health,
due to a guarantee promise, unless otherwise regulated in this regard,
due to mandatory liability such as under the German Product Liability Act (Produkthaftungsgesetz).

11.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the damage that is typical for the contract and foreseeable, unless unlimited liability applies in accordance with the above paragraph. Material contractual obligations are obligations that the contract imposes on the Seller in accordance with its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the Client can regularly rely.

11.3 Otherwise, liability on the part of the Seller is excluded.

11.4 The above liability provisions also apply with regard to the liability of the Seller for his vicarious agents and legal representatives.

12) Redemption of Campaign Vouchers

12.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as "campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the indicated time period.

12.2 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.

12.3 Only one campaign voucher can be redeemed per order.

12.4 The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.

12.5 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.

12.6 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.

12.7 The campaign voucher will not be redeemed if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.

12.8 Campaign vouchers are only intended for the use of the person designated on the voucher. Transferring the campaign voucher to a third party is not permitted. The Seller is entitled but not obliged to check the entitlement of the respective voucher owner.

13) Redemption of Gift Vouchers

13.1 Vouchers which can be purchased via the Seller’s online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the Seller’s online shop, unless otherwise stipulated in the voucher.

13.2 Gift vouchers and remaining assets of gift vouchers can be redeemed by the end of the third year following the year of the gift voucher purchase. Remaining assets will be credited to the Client’s voucher account.

13.3 Gift vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.

13.4 If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.

13.5 The gift voucher credit will not be redeemed in cash and is not subject to any interest.

14) Applicable Law

14.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For Consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the Consumer has his habitual residence.

14.2 With regard to the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.

15) Place of Jurisdiction

If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.

16) Alternative dispute resolution

The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

Version: 28.04.2026, 14:12:54

17) Storage Reduction and Storage Expansion

17.1 Automated reduction of data partitions on the Provider’s hosting servers is not possible.

17.2 If the Customer wishes to downsize their data partition, this can only be performed manually by a technician. Additional costs will apply in accordance with the current price list.

17.3 To initiate a manual reduction of the data partition, the Customer must submit a written request to customer service. A technician will then check the technical feasibility and provide the Customer with a cost estimate.

17.4 After the Customer has accepted the cost estimate, a date for the manual reduction of the data partition will be scheduled. The Customer is responsible for taking appropriate backup and safety measures to prevent any loss of data.

17.5 The Customer may expand storage at any time via the self-service portal. The storage expansion itself is free of charge. The costs for the additional storage space are billed monthly in accordance with the current price list.

18) Handling of Deleted Data in the Trash Bin

18.1 The trash bin may not be used as a regular folder for data storage or as archive-like storage. It is intended only for the temporary storage of files before final deletion.

18.2 Data located in the trash bin is not included in the Provider’s backups. The Customer is advised that the trash bin must not be considered a secure storage location.

18.3 Deleted data in the trash bin is automatically deleted when productive storage space runs out, or at the latest after 180 days in accordance with internal rules. It is the Customer’s responsibility to back up important files before this period expires.

18.4 After automatic deletion, the data is irrevocably lost and cannot be recovered. Customers are again advised not to leave important data in the trash bin.

18.5 Deleted data in the trash bin occupies the Customer’s primary usable and booked storage space. It is the Customer’s responsibility to ensure that sufficient storage space is available.

18.6 The hosting provider accepts no liability for the loss of data located in the trash bin. Customers are encouraged to back up their data regularly and to manage the trash bin carefully.

19) User Account Management in Relation to Storage Adjustments

19.1 User accounts cannot be reduced or deleted without prior consultation with Nextcloud One Support technicians, as this may require an adjustment of the storage quota.

19.2 Storage quota and number of users are linked. Adjustments must be made by a technician to ensure proper functioning.

19.3 The deletion of a user may be carried out by the Customer in the Nextcloud One user interface. After deletion, Support must be contacted in order to make the necessary adjustments to the storage quota.

19.4 In the case of an annual booking, costs for already booked user accounts cannot be credited or refunded.

19.5 In the case of monthly rental, the number of users can be reduced for the next invoice run if written notification is received by Support at least 14 days before the end of the month.

20) Use of Guest Accounts for Access-Protected Shares

20.1 Up to five guest accounts per licensed full user are permitted.

20.2 The use of guest accounts is the Customer’s responsibility. The Customer must ensure that the number of guest accounts does not exceed the specified upper limit.

20.3 If the permitted number is exceeded, the Customer will be notified and requested to book additional licenses.

20.4 In the event that the permitted number is exceeded, the Customer is obliged to book the corresponding additional licenses.

21) Nextcloud One Test Phase

21.1 Customers may test Nextcloud One free of charge for 30 days. The trial period begins when the instance is activated.

21.2 During the test phase, data is not backed up and cannot be restored.

21.3 The Customer may convert the trial period into a paid subscription by placing the corresponding order in the self-service portal.

21.4 The contact form is available to the Customer for questions or concerns during the test phase.

21.5 No guaranteed Service Level Agreements (SLAs) apply during the test phase.

21.6 The test phase must be cancelled in the self-service portal at least 8 days before expiry. Otherwise, it will automatically convert into a chargeable phase.

21.7 The costs incurred after automatic conversion correspond to the chargeable item “1-user Small” with monthly billing.

21.8 The test phase cannot be extended. The data will be deleted after 30 days.

22) Restrictions on the Use of Nextcloud One as a Backup or Archiving Solution

22.1 Nextcloud One is designed as a file sharing solution and not as a comprehensive data backup or archiving solution.

22.2 The Customer is expressly advised not to use Nextcloud One as a backup or archiving solution.

22.3 Despite data backup by Nextcloud One, the Customer must perform additional data backups in order to adequately secure all data.

22.4 The technical team is available to assist with data backups if the Customer does not have the option of performing them independently.

22.5 Nextcloud One assumes no liability for data loss or damage resulting from its use as the sole backup or archiving solution.

23) Data Backup in the Nextcloud One Instance

23.1 A regular data backup is performed in the Nextcloud One instance at least every 24 to 48 hours.

23.2 The data backup serves to restore data in the event of a malfunction in the Nextcloud One data center.

23.3 Activity log files, preview icons and the temporary cache are excluded from data backup.

23.4 The data backup is not shown separately and is not visible to the end Customer.

23.5 Upon request, the backup may be made available to the end Customer as a chargeable restoration option.

23.6 The data backup is retained for 30 days.

23.7 Nextcloud One assumes no liability for data loss or damage unless such loss or damage is caused by gross negligence or intent.

24) Automatic Updates and Maintenance Windows

24.1 Nextcloud One and infrastructure updates are performed on the first Wednesday of each month from 17:00 CET to approximately 21:00 CET.

24.2 The monthly maintenance window enables scheduled updates and bug fixes. Temporary unavailability may occur.

24.3 In the case of highly critical security vulnerabilities, updates may be performed without prior notice.

24.4 Systems may be temporarily unavailable during maintenance windows. Customers are requested not to carry out sensitive transactions during this time.

24.5 Customers must ensure that their systems and applications are compatible with the latest updates and must perform regular backups.

24.6 epiKshare GmbH reserves the right to change the maintenance window if necessary or to schedule additional maintenance windows. Customers will be informed of planned changes.

25) Update of the Nextcloud One Version

25.1 Upgrades to newer versions are subject to availability in order to ensure performance, security and functionality.

25.2 A downgrade to an older version is generally not possible.

26) Responsibilities of the Customer for Local Nextcloud Components

26.1 The Customer is obliged to independently monitor and update local Nextcloud components.

26.2 epiKshare GmbH accepts no responsibility for problems caused by outdated or non-updated local Nextcloud components.

26.3 epiKshare GmbH is not liable for downtimes or impairments caused by maintenance windows or Nextcloud versions.

26.4 Any liability for damages or losses caused by the Customer’s failure to implement updates is excluded.

27) Changes in the Nextcloud Administration Area for Nextcloud One Hosting

27.1 Customers receive access data with full administrative rights upon delivery of a Nextcloud One instance.

27.2 The Customer may make administrative changes. However, the Provider accepts no responsibility for functionality problems caused by external service references or administrative changes made by the Customer.

27.3 In the event of problems following administrative changes, the Customer may book a technician service for a fee.

27.4 It is recommended to create an initial snapshot for recovery after receiving administrative access.

27.5 The Provider accepts no responsibility for loss of data caused by administrative changes made by the Customer.

28) Use of Nextcloud One within the Framework of Legal Provisions

28.1 The Customer undertakes to comply with all applicable legal provisions when using Nextcloud One.

28.2 Any use for illegal or immoral content is prohibited.

28.3 epiKshare GmbH accepts no liability for unlawful actions by the Customer.

28.4 German law shall apply. The place of jurisdiction is Munich.

28.5 Changes to the legal framework may lead to amendments to these Terms of Use.

29) Licensing, Storage and Usage-Based Billing

29.1 The Customer purchases usage rights for Nextcloud One on a per-user basis. Unless otherwise agreed, each active user account requires a valid license.

29.2 If the Customer has booked additional storage or a storage-based package, the booked storage amount defines the included storage capacity available to the Customer.

29.3 The Customer is responsible for regularly reviewing the number of active user accounts and the used storage capacity and for ensuring that the actual usage does not exceed the number of purchased licenses or the booked storage amount.

29.4 The number of actually used user accounts and/or the used storage capacity may exceed the purchased licenses or booked storage amount. In such case, billing is based on the actual usage.

29.5 If the number of active user accounts exceeds the number of purchased licenses or if the used storage capacity exceeds the booked storage amount, the Provider may notify the Customer by email and request an adjustment.

29.6 Regardless of such notification, the Provider reserves the right to automatically adjust the number of licenses and/or the booked storage amount to reflect actual usage at the end of each billing period and to invoice the Customer accordingly.

29.7 Billing is based on the number of active user accounts and the used storage capacity at the time of billing or at the end of the respective billing period.

29.8 The Customer explicitly authorizes the Provider to charge the resulting amounts using the agreed payment method, including but not limited to SEPA direct debit, credit card or any other agreed payment method.

29.9 The Customer is responsible for deactivating or deleting unused user accounts, reducing storage usage or adjusting the booked license and storage amount in a timely manner in order to avoid additional charges.

29.10 The Provider is not obliged to automatically block, restrict or reduce the Customer’s usage when the purchased licenses or booked storage amount are exceeded. Additional usage may be billed according to the applicable price list.

These terms of use come into force on 01.03.2024.
Last Update: 01.05.2026

Changes to the GTC

epiKshare GmbH reserves the right to amend these General Terms and Conditions at any time. Changes will be communicated to the Customer in good time and will come into force 30 days after notification, unless the Customer objects within this period.