Translation for information only. Only the German version is legally binding. Mandatory statutory rights remain unaffected.
Provider: schukai, postal address: Eichenstraße 26, 82290 Landsberied, Germany. Full provider details are available in the legal notice.
1. Scope and service description
1.1 These terms apply where a business customer order incorporates them for a cloud or SaaS service provided by schukai.
1.2 The General terms and conditions for business customers also apply. The order and product and service sheet specify, in particular, the service, tenant, user or usage metrics, operating region, storage and API limits, backups, support, export and contract term.
1.3 Individual implementation, data migration, interface development and customer-specific extensions form part of the cloud service only if expressly commissioned. The project terms may also apply to such work.
2. Provision of the service
2.1 schukai provides the agreed service for the contract term through the designated access. Functions, technical limits and supported interfaces are set out in the product sheet incorporated when the contract is concluded.
2.2 The customer does not acquire ownership of the software. Authorised users may use the service for the agreed business purpose.
2.3 Functions labelled as preview, test, beta or evaluation experiment are not part of the binding production scope unless the order provides otherwise.
3. Tenant, users, roles and access
3.1 The customer manages its authorised users, roles and business permissions insofar as provided for by the product. It reviews access regularly and revokes it when no longer required.
3.2 User accounts and authentication credentials are personal and must not be shared unless the agreed service expressly provides for a technical service account.
3.3 The customer informs schukai without undue delay of suspected misuse, compromised credentials or incorrect permissions. schukai may temporarily secure or block affected access insofar as necessary to avert the threat.
3.4 If the customer exceeds an agreed usage limit, the parties agree an extension or a reduction in usage. An automatic extension subject to a charge takes place only if provided for in the order.
4. Permitted use
4.1 The customer uses the service only within the agreed scope and in compliance with applicable laws. It must not introduce malware, circumvent safeguards, attempt unauthorised access or impair operation for other customers.
4.2 The customer is responsible for the lawfulness of its content and business processing activities. Special categories of personal data not covered by the agreement, unlawful content or data for which the customer lacks the necessary rights must not be entered into the service.
4.3 Automated access is permitted only through the designated interfaces and within the agreed limits.
5. Availability and limits of performance
5.1 schukai operates the service with care appropriate to the agreed operating model. A particular availability percentage, restart time or recovery time applies only if expressly agreed in the order or an SLA annex.
5.2 Individually agreed availability is calculated using the measurement points, periods and exclusions specified in that agreement. Without such specifications, general website or product information does not constitute an availability commitment.
5.3 Networks beyond schukai's control, customer systems, third-party services not owed by schukai and announced maintenance are taken into account only as provided in the individual SLA.
6. Maintenance and incidents
6.1 schukai may carry out maintenance, security updates and technical changes necessary for secure and reliable operation. Planned maintenance likely to cause disruption is announced through the agreed information channel insofar as advance notice is possible and justifiable in view of the risk.
6.2 schukai may take urgent security or stability measures without advance notice. The customer is informed afterwards if the service was materially affected.
6.3 The customer reports incidents through the agreed support channel. Priority, support hours and any target times are governed exclusively by the support or service package purchased.
7. Security and processing on behalf of the customer
7.1 schukai implements technical and organisational measures appropriate to the risk, operating model and state of the art. The binding measures for personal customer data are set out in the agreed data processing agreement and its annexes.
7.2 The customer protects its devices, identities, interface keys and administrative access. It configures roles and permissions appropriately for its business processes.
7.3 Security incidents are handled under statutory, data protection and contractually agreed procedures. The public security page is an additional reporting channel but does not replace an agreed emergency channel.
8. Backups and recovery
8.1 The scope, interval, retention, encryption and recovery options of backups owed by schukai are set out in the product sheet or operating annex.
8.2 A system backup serves to restore the agreed operation after a failure. It does not automatically enable the recovery of individual records, earlier business data states or content deleted by the customer.
8.3 Where the service provides export functions, the customer also uses them for backups within its area of responsibility. An obligation to maintain parallel customer backups exists only insofar as provided for in the order or the identifiable allocation of risk.
9. Further development and changes
9.1 schukai may further develop the service, implement security requirements, replace technical components and adjust operating procedures, provided the agreed core service is preserved and the customer is not unreasonably disadvantaged.
9.2 If a function or interface must be materially changed or discontinued, schukai informs affected customers with reasonable notice unless a security risk, statutory obligation or loss of an irreplaceable third-party service requires faster action.
9.3 If a function essential to the contractual purpose is discontinued without an equivalent alternative, the parties agree an adjustment. Statutory rights to a price reduction, termination and remedies for defects remain unaffected.
10. Temporary suspension
10.1 schukai may temporarily suspend the service or individual access insofar as necessary to prevent a specific security attack, unlawful use, substantial operational disruption or unauthorised access.
10.2 In the case of a remediable breach of contract, the customer is generally informed in advance and given a reasonable period to remedy it. This does not apply if immediate action is necessary to avert a threat.
10.3 Suspension is limited to the necessary scope and duration. schukai informs the customer of the reason and possible remedies unless legal or security considerations prevent this.
11. Data export and switching providers
11.1 The customer may export the exportable data and digital assets specified in the product sheet using the functions, formats and interfaces described there. The product sheet also identifies known technical limits and the cooperation required during a switch.
11.2 Insofar as the service is a data processing service within the meaning of the Data Act, schukai supports switching to another provider or to customer infrastructure in accordance with applicable statutory requirements. The specific contract includes the necessary details on exportable data categories, procedures, formats, the transitional period, retrieval period, security and any permissible charges.
11.3 Standard export does not include developing a customer-specific converter, cleansing business data or implementation at the target provider unless agreed or required by mandatory law. Additional migration assistance may be commissioned separately.
11.4 These terms do not restrict statutory rights to switch providers and transfer data. schukai does not require the handover of its own software, trade secrets or security-critical information insofar as this is not necessary for the export required by law.
12. End of contract, retrieval and deletion
12.1 Before the contract ends, the customer exports the data it still needs. schukai provides the agreed export functions during the contract term and, where agreed or required by law, for the retrieval period specified in the product sheet.
12.2 After the retrieval period expires, schukai deletes or anonymises production customer data in accordance with the agreed deletion procedure unless statutory retention duties, outstanding billing or evidentiary purposes or documented instructions prevent this.
12.3 Data in backups are overwritten or deleted as part of the agreed backup rotation. After the contract ends, they are not restored to production for other purposes unless a statutory obligation requires this.
12.4 Access and rights to use the cloud service end with the contract. Continuing rights in properly exported customer data and the customer's own content remain unaffected.
13. Third-party services and interface changes
13.1 Where the service expressly incorporates functions of a third-party provider, that provider's availability, terms of use and technical limits may also apply. The order specifies whether schukai or the customer concludes the third-party contract.
13.2 If a third-party provider changes or discontinues its service, schukai may adjust the affected integration or replace it with a suitable alternative. If this materially impairs the contractual purpose, clause 9.3 and statutory rights apply.