Login funktioniert bereits, Bestellungen sind aktuell noch nicht möglich.
Wird geladen …
Terms of Contract
For consumers (§ 13 BGB) and businesses (§ 14 BGB): game-server, VPS and cloud-compute services. Consumer-specific and business-specific provisions are clearly marked within each section.
Last updated: 29 July 2026 · Version 3.0 (consolidated from B2C v2.1 and B2B v2.0)
Important notice
These Terms do not replace individual legal advice. For questions regarding their legal effect, please consult a qualified attorney.
These Terms apply both to consumers (§ 13 of the German Civil Code, BGB) and to businesses (§ 14 BGB), legal entities under public law and special funds under public law. General clauses without a label apply equally to all customers. Where the legal position differs, in particular the right of withdrawal, price display (gross/net), liability caps, notice periods and set-off rights, this is marked with clearly highlighted “For Consumers” and “For Businesses” blocks. For resellers, the separate Reseller Terms apply at cloud-spheres.com/agb/reseller.
These General Terms and Conditions (the “Terms”) apply to use of the Cloud-Spheres compute-hosting platform both by consumers within the meaning of § 13 BGB and by businesses within the meaning of § 14 BGB, legal entities under public law and special funds under public law. Cloud-Spheres operates a modular compute-hosting platform, currently offering game-server products and, going forward, VPS, VDS and cloud-compute services (see § 3).
The contracting party is Cloud Spheres UG (haftungsbeschränkt), Biberweg 24, 33102 Paderborn, Germany (HRB 18602, District Court Paderborn), represented by managing directors Silas Noel Timmermann and Alan Khudhur, hereinafter “Cloud-Spheres”, “we” or “the Provider”.
For resellers who resell Cloud-Spheres services in their own name or under their own brand to end customers, the separate Reseller Terms apply exclusively at cloud-spheres.com/agb/reseller; these Terms do not apply to reseller contracts.
Conflicting general terms and conditions of the customer shall not become part of the contract.
Conflicting general terms and conditions of the customer shall not become part of the contract unless we expressly consent to their application in text form.
Conflicting general terms and conditions of the customer shall not become part of the contract, even if we do not expressly object to them. This also applies if we render performance without reservation knowing of conflicting terms.
The presentation of products on the website does not constitute a legally binding offer but a non-binding invitation to order. The customer makes a binding offer to enter into a contract by clicking the button labelled “order with obligation to pay” or an equivalent button.
Cloud-Spheres reserves the right to reject a registration or cancel an order without stating reasons.
The contract is formed upon dispatch of our order confirmation by email. An automated order-receipt acknowledgement alone does not constitute acceptance.
By registering, the customer represents that all registration data provided is accurate and complete; changes must be notified within 14 days. Our offering is directed at persons aged 18 and above; minors may only enter into contracts with the consent of their legal representative(s). We reserve the right to require suitable evidence of such consent.
The contract is formed upon our order confirmation or, at the latest, upon commencement of service delivery.
Registration requires: full company name, legal form, registered office, commercial-register / registry number, VAT-ID (where available) and the name of an authorised contact person. Cloud-Spheres is entitled to verify the company data provided (e.g. by matching with the commercial register or validating the VAT-ID); account activation may be refused in case of verification failure.
The customer warrants that the person placing the order has the necessary authority to represent the customer.
Cloud-Spheres operates a modular compute-hosting platform. The scope of services owed in each case results from the product description in force at the time of the order and from the order confirmation.
Available product categories:
Product readiness note
Payment is processed via Stripe Payments Europe Ltd., Dublin (see Privacy Policy). Invoices are delivered electronically only and are available in the customer dashboard.
After more than 14 calendar days of payment default, we are entitled to suspend the service after prior notice; the payment obligation continues during suspension.
Wallet / prepaid balance (for all customer types)
The prices published on cloud-spheres.com at the time of the order shall apply. All prices include the applicable statutory VAT (gross price display pursuant to PAngV).
Depending on the chosen model, billing occurs hourly, monthly or for the agreed multi-month period (2, 3, 6 or 12 months), payable in advance.
In the event of late payment, we are entitled to charge default interest at 5 percentage points above the base rate (§ 288 (1) BGB).
Price changes will be announced at least 30 calendar days in advance. If a price increase exceeds 10 %, the customer is entitled to extraordinary termination effective on the date the price change takes effect.
The net prices published on cloud-spheres.com at the time of the order or specified in an individual quote shall apply (net price display pursuant to PAngV for businesses). Statutory VAT is shown separately where applicable (see § 5).
Billing occurs monthly, semi-annually or annually depending on the chosen plan. Invoices are generated via FastBill GmbH.
Payment term: net 14 calendar days from invoice date, unless otherwise agreed. In the event of late payment, default interest of 9 percentage points above the base rate applies (§ 288 (2) BGB) plus a flat reminder fee of EUR 40 per reminder (§ 288 (5) BGB).
Price changes will be announced at least 60 calendar days in advance and shall apply from the next billing period.
This section applies exclusively to businesses. For consumers, all prices always include statutory German VAT (see § 4).
Where the customer is an entrepreneur within the meaning of the German VAT Act and provides a valid VAT-ID of another EU member state, invoicing is pursuant to § 13b UStG (reverse-charge) without German VAT. The customer owes the tax themselves.
For small businesses pursuant to § 19 UStG with their seat in Germany, German VAT is shown in the regular manner.
For business customers outside the EU, invoicing occurs without German VAT, provided the conditions for a tax exemption are met. The customer is responsible for the correct VAT treatment in the recipient country.
All invoices are archived in compliance with GoBD. The customer can download them at any time from the customer dashboard.
This section applies exclusively to consumers (§ 13 BGB). Businesses, legal entities under public law (e.g. universities) and special funds under public law have no statutory right of withdrawal.
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us by means of a clear statement of your decision to withdraw. You may use the statutory model withdrawal form, but it is not mandatory. Send your withdrawal by email to [email protected] or by post to Cloud Spheres UG (haftungsbeschränkt), Biberweg 24, 33102 Paderborn, Germany.
Expiry of the right of withdrawal (§ 356 (4) BGB): For service contracts, the right of withdrawal expires once we have fully provided the service and only began performance after you gave your express consent and confirmed your awareness that the right of withdrawal expires upon full performance of the contract by us.
Early commencement of the service: If you expressly request that performance begin before the withdrawal period expires (e.g. by immediate server provisioning), in the event of withdrawal you shall pay us a reasonable amount corresponding to the proportion of services already provided up to the time of your withdrawal declaration in relation to the total scope of services. The amount is calculated on a pro-rata basis: for time-based billing, according to the days elapsed until withdrawal in proportion to the booked period; for hour packages, according to the hours used at the agreed hourly rate; we will refund any amount in excess of this.
Refund in the event of valid withdrawal: We will refund all payments received from you without undue delay and no later than 14 days after receipt of your withdrawal notice. We will use the same payment method for the refund; no charges will be incurred for the refund.
We provide a model withdrawal form at cloud-spheres.com/legal/widerrufsformular.pdf; its use is not mandatory. The detailed, standalone withdrawal notice is also available at cloud-spheres.com/widerruf.
You are solely responsible for the security of your access credentials and for all activities conducted under your account. Sharing login credentials with third parties is prohibited.
You undertake to comply with applicable law, in particular the German Telecommunications Act (TKG), Digital Services Act (DDG), EU Digital Services Act (DSA, EU 2022/2065), copyright law, data-protection law and competition law. This applies equally to consumers and businesses.
Prohibited content and activities include in particular:
DSA reporting (Art. 16 EU 2022/2065)
You may report illegal content at any time to [email protected] or via the report form at cloud-spheres.com/abuse. We acknowledge receipt, review the report carefully and promptly, and provide a statement of reasons for our decision to both the reporting party and the affected customer (Art. 16, 17 DSA); where we suspect a serious criminal offence, we promptly inform the competent authorities (Art. 18 DSA).
We are liable without limitation for damages arising from injury to life, body or health, for damages caused intentionally or by gross negligence, and pursuant to the mandatory provisions of the German Product Liability Act. This liability cannot be limited towards either consumers or businesses.
The customer is obliged to make regular, independent backups outside the Cloud-Spheres infrastructure.
Cloud-Spheres targets an average monthly availability of 99.5 %, measured 24/7, excluding planned maintenance windows announced at least 24 hours in advance and excluding impairments caused by force majeure, external attacks or third-party-provider disruptions. This is a target figure without contractual availability credits.
For slightly negligent breaches of material contractual obligations (cardinal duties), liability is limited to the foreseeable damages typical of the contract, though without a monetary cap, as such a cap would be invalid towards consumers pursuant to § 309 no. 7 BGB. For other damages caused by slight negligence, liability is excluded.
Liability for data loss is limited to the cost that would have been incurred had the customer performed proper data backups.
Strict, fault-independent liability for defects that already existed at the time the contract was concluded is excluded (§ 536a (1) alt. 1 BGB); the foregoing liability provisions remain unaffected.
Statutory warranty claims (§§ 327 ff., 434 ff. BGB) remain unaffected and are not curtailed by these Terms.
Cloud-Spheres guarantees a monthly availability of the compute-hosting platform of 99.5 %, measured 24/7, excluding planned maintenance windows announced at least 72 hours in advance. Maintenance work is generally performed on Thursdays between 02:00 and 04:00 UTC; emergency maintenance may be announced on shorter notice. Availability is measured by independent monitoring points outside the Cloud-Spheres infrastructure.
If the guaranteed availability is not met, service credits will be issued on the next invoice upon the customer's request: 99.0 % to 99.49 % availability → 5 % service credit of the monthly net fee; 98.0 % to 98.99 % → 10 % service credit; below 98.0 % → 25 % service credit plus extraordinary right of termination effective end of month. SLA claims must be submitted in writing to [email protected] within 30 calendar days after the availability period; later submissions are excluded.
The customer's warranty claims require timely notification of the defect in text form. A 12-month warranty period from delivery or provisioning applies (§ 438 (1) no. 3 BGB).
For slightly negligent breaches of material contractual obligations (cardinal duties), liability is limited per incident and in total per contract year to 12 times the monthly net fee actually paid by the customer, but in any case to the foreseeable damages typical of the contract. Liability for indirect damages, consequential damages, loss of profit, missed savings and data losses exceeding the typical restoration effort for properly performed backups is excluded in the case of slight negligence.
The processing of personal data is governed by the Privacy Policy at cloud-spheres.com/privacy-policy.
Where you yourself process personal data of third parties on the Cloud-Spheres infrastructure (e.g. player data of your community or user data of your organisation), you remain the sole controller within the meaning of the GDPR; Cloud-Spheres acts as processor in that respect.
You may exercise your data-subject rights (access, rectification, erasure, restriction, portability, objection) via the dashboard at /gdpr/* or by email to [email protected].
A data-processing agreement pursuant to Art. 28 GDPR is provided upon request; the template is available at cloud-spheres.com/legal/avv.pdf.
Cloud-Spheres concludes a data-processing agreement pursuant to Art. 28 GDPR with each business customer upon request. The contract template (including Annex 1 “Technical and Organisational Measures” and Annex 2 “Subprocessors”) is available at cloud-spheres.com/legal/avv.pdf.
Changes to the subprocessors engaged are announced 30 calendar days in advance; the customer has a 14-calendar-day right to object for good cause (see § 7 of the DPA).
Upon contract termination, your customer-specific content data will be deleted within 30 calendar days unless statutory retention obligations require otherwise (in particular § 147 of the German Fiscal Code (AO) for invoicing data).
The contract term depends on the chosen billing model (hourly, 1, 2, 3, 6 or 12 months). Upon expiry of the initial term, the contract continues for an indefinite period and may be terminated by the customer at any time with seven calendar days' notice to the end of the respective billing period; for hourly billing, at any time after reaching the minimum usage of 30 hours. We may terminate the contract by ordinary notice with one month's notice to the end of a billing period.
Termination may be declared at any time via the customer dashboard, in text form to [email protected], or via the “cancel your contracts here” button pursuant to § 312k BGB.
The right to extraordinary termination for cause remains unaffected. For Cloud-Spheres, cause exists in particular in the case of material payment default, serious breach of § 7 or reasonable suspicion of criminal conduct.
The minimum contract term is 12 months unless otherwise agreed. Thereafter the contract automatically renews for further 12-month periods unless terminated with 3 months' notice prior to the end of the respective term.
Termination must be in text form and may be addressed to [email protected].
Both parties are entitled to terminate the contract for cause without notice. For Cloud-Spheres, cause exists in particular in the case of payment default exceeding 30 calendar days despite reminder; material breach of § 7 of the Terms; reasonable suspicion of criminal conduct.
The legal relationship between the parties is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
This choice of law does not affect the protection afforded to you by the mandatory provisions of the law of your country of habitual residence (Art. 6 (2) Rome-I Regulation).
Where the customer is a consumer, the statutory place of jurisdiction applies. Actions by the consumer against Cloud-Spheres may be brought either at the Provider's seat or at the consumer's domicile (Arts. 17, 18 Brussels-Ia Regulation or § 29c German Code of Civil Procedure). Actions by Cloud-Spheres against the consumer may exclusively be brought at the consumer's domicile.
Exclusive place of jurisdiction for all disputes is Paderborn, provided the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law. Mandatory statutory places of jurisdiction remain unaffected.
We are neither willing nor obliged to participate in dispute-resolution proceedings before a consumer arbitration board pursuant to § 36 of the German Consumer Dispute Resolution Act (VSBG). Our email address for consumer inquiries is [email protected]. This provision primarily concerns consumers; consumer arbitration boards are generally not available to businesses in any event.
Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.
Side agreements and amendments to this contract require text form. Oral statements by our employees do not give rise to any claims.
Cloud-Spheres is entitled to amend these Terms. Amendments will be notified in text form at least 30 calendar days before they take effect and shall be deemed accepted unless the customer objects in text form within 30 calendar days of receipt. If the customer objects in time, Cloud-Spheres may terminate the contract effective on the date the amendment takes effect; we will separately draw the customer's attention to this consequence in the amendment notification. Amendments materially affecting the principal obligations of performance or the relationship between performance and consideration shall only take effect with the customer's express consent; price changes are governed exclusively by § 4.
Cloud-Spheres is entitled to amend these Terms. Material amendments will be notified in text form at least 60 calendar days before they take effect. If the customer does not object within 30 calendar days of receipt of the amendment notice, the amendments shall be deemed accepted. In the event of objection, Cloud-Spheres may terminate the contract effective on the date the amendment takes effect.
The customer may exercise set-off and retention rights only insofar as the counterclaims have been established by a final court decision, are undisputed, or are in a synallagmatic relationship to the main claim. This restriction applies exclusively to businesses. Such a clause would be invalid towards consumers pursuant to § 309 no. 3 BGB and therefore does not apply to them.
Cloud-Spheres engages the following processors to provide the services, for consumers and businesses alike. A DPA pursuant to Art. 28 GDPR is in place with each. The list is continuously maintained at cloud-spheres.com/subprocessors; for businesses, changes are additionally announced 30 days in advance pursuant to § 7 of the DPA (see § 9).
| Sub-processor | Purpose | Processing location | Third country |
|---|---|---|---|
| ActiveCampaign, LLC (Postmark) | Sending transactional email (registration, order, invoice) | USA (SCC + DPF) | SCC / DPF |
| Mailjet SAS | Failover for sending transactional email | Paris (France) | EU/EEA |
| Contabo GmbH | Server and VPS infrastructure | Nuremberg, Munich (Germany) | EU/EEA |
| Hetzner Online GmbH | Off-site backup storage, edge-proxy nodes | Falkenstein, Nuremberg (Germany) | EU/EEA |
| Amazon Web Services EMEA SARL | EU cloud-compute bursting, managed services | eu-central-1 Frankfurt, eu-west-1 Dublin | EU/EEA |
| Cloudflare Germany GmbH | DDoS protection, DNS, edge caching, TLS termination | EU edge PoPs; threat-intel ops USA (SCC + DPF) | SCC / DPF |
| Stripe Payments Europe Ltd. | Payment processing, tokenisation, fraud scoring | Dublin (primary); support/fraud ops USA (SCC + DPF) | SCC / DPF |
| FastBill GmbH | Invoice generation and archiving (§ 14 German VAT Act, GoBD) | Germany | EU/EEA |
| Microsoft Ireland Operations Limited | M365 for business communication, support-ticket backend, CRM | EU Data Boundary (NL, IE, FI); telemetry USA (SCC + DPF) | SCC / DPF |
| Functional Software, Inc. dba Sentry | Application-error aggregation (PII scrubber active) | EU region primary; support ops USA (SCC) | SCC / DPF |
| Google Ireland Limited | Reach measurement and usage statistics (Google Analytics 4) | Dublin (Ireland); analytics ops USA (DPF + SCC) | SCC / DPF |
Last updated: 14 September 2026. For every third-country transfer, EU Standard Contractual Clauses (SCC, Module 2/3, Art. 46 (2) lit. c GDPR) and, where available, the EU-US Data Privacy Framework adequacy decision apply.
Questions about these Terms? We are happy to help.
Cloud Spheres UG (haftungsbeschränkt)
Last updated: 29 July 2026 · Version 3.0