Terms and Conditions
Draft -- not yet complete. Square brackets [ ]mark details still to be filled in. To be reviewed by a lawyer before publication. This translation is for convenience; the German version (AGB) governs.
1. Scope
These Terms and Conditions apply to all contracts between CMOLLS-IT, Christoph Molls ("Tectarix", "we") and its customers ("customer", "you") for the use of the Tectarix app hosting platform. Any conflicting or deviating terms proposed by the customer do not become part of the contract unless we expressly agree to them in writing.
2. Description of Services
Tectarix provides customers, for a fee, with self-hostable open-source applications ("apps") from a catalog as a managed service. Every booked app runs as its own, isolated instance on our own physical infrastructure in Germany. Unless stated otherwise on the respective app page, the scope of service includes operation, automatic security updates, automatic backups, and an automatically issued TLS certificate.
Tectarix does not develop, maintain or control the source code of the apps offered in the catalog -- these come from independent third-party open-source projects. Tectarix provides exclusively the hosting infrastructure as well as operation, maintenance and support of that infrastructure, and makes no warranty regarding the functionality, security or legality of the app software itself; that responsibility remains with the respective upstream project.
3. Formation of Contract
The display of apps in the catalog does not constitute a binding offer, but an invitation to book. By completing the booking process in the customer portal (selecting the app, providing any configuration data, confirming), the customer submits a binding offer to enter into a contract. The contract is concluded once Tectarix confirms payment and automatically triggers provisioning of the app.
4. Prices and Payment Terms
The prices shown in the customer portal at the time of booking apply. Unless stated otherwise on the app page, every booked app is billed with a base price plus a price per GB of booked storage. All booked apps appear as individual line items on one shared, monthly invoice. Billing runs through the payment provider Stripe; accepted payment methods are credit card, SEPA direct debit and PayPal.
[VAT notice depending on tax classification -- small business exemption under § 19 UStG or VAT ID under § 27a UStG. To be finalized, see Imprint.]
5. Term and Termination
Booked apps run for an indefinite period and can be cancelled monthly, effective at the end of the current, already-paid billing period. There is no minimum contract term. Cancellation is done through the customer portal. By default, the app keeps running until the end of the already-paid billing period and is then removed along with its data; a prorated refund of amounts already paid is not technically possible. Alternatively, the customer may request immediate deletion of the app through the customer portal -- this likewise does not include a refund for the period already paid for. The right of either party to extraordinary termination for good cause remains unaffected.
6. Default of Payment
If a payment fails, the affected app is first paused (frozen); the customer is notified by email and asked to pay. If payment remains outstanding, a reminder with a warning of deletion follows after 14 days, and final deletion of the app along with its data follows after a total of 21 days. While paused, data and booked storage remain unchanged -- only compute time is no longer provided.
7. Activation and Customer Obligations
For security reasons, a newly provisioned app is not reachable at any address at first. The customer activates the app themselves in the customer portal once ready to begin setup; only then is the app reachable under its TLS-secured address. Where the customer sets up an administrator account within the app, responsibility for securing it (e.g. password choice, two-factor authentication where supported by the app) lies with the customer.
Where an app requires the customer's own third-party credentials (e.g. an API key for an AI provider, "Bring Your Own Key"), the customer provides these at their own responsibility and is solely responsible for their lawful use and for the contractual relationship with the respective third-party provider.
8. Availability and Maintenance
Tectarix aims to ensure high platform availability but makes no commitment to any specific availability or uninterrupted operation -- the stability of a booked app also depends on the respective app software developed by third parties, which Tectarix does not control. Brief, unplanned interruptions of less than one hour are shown in the customer portal; longer, plannable maintenance work is announced in advance by email where reasonably possible. Tectarix is not liable for service disruptions caused by force majeure (e.g. natural events, power outages, failures of upstream internet or telecommunications providers).
9. Data Backups
Every booked app receives automatic backups from Tectarix. Independently of this, it is the customer's responsibility to keep additional backups of particularly important data themselves; full liability for data loss of any cause cannot be assumed.
10. Customer Obligations / Prohibited Use
The customer agrees to use booked apps only within the bounds of applicable law. In particular, the following are prohibited: distributing unlawful, discriminatory, pornographic or otherwise criminal content, sending unsolicited bulk email (spam), cryptocurrency mining, and any use that infringes the rights of third parties or endangers the security or integrity of the platform. In the event of a violation, Tectarix is entitled to suspend the affected app without prior notice.
11. Privacy
The processing of personal data is governed by ourPrivacy Policy. If the customer processes third parties' personal data through their app, the customer is the data controller under data protection law; on request, we provide a data processing agreement under Art. 28 GDPR.
12. Liability
Tectarix is liable without limitation for intent and gross negligence, and under the Product Liability Act. For simple negligence, Tectarix is only liable for breach of material contractual obligations (cardinal obligations) whose fulfillment is essential to the proper performance of the contract and on whose observance the customer may regularly rely; in that case, liability in amount is limited to the typically foreseeable damage, capped at the fees paid by the customer in the preceding twelve months. Liability for damage to life, body or health remains unaffected by the above.
13. Warranty
Statutory warranty provisions apply except as otherwise provided in these Terms.
14. Right of Withdrawal for Consumers
Consumers generally have a statutory right of withdrawal under German law. That right expires early for contracts for the supply of digital content where Tectarix has begun performance of the contract after the customer has expressly agreed that Tectarix may begin performance before the withdrawal period ends, and has simultaneously confirmed their awareness that, by giving this consent, they lose their right of withdrawal once performance has begun (§ 356 (5) BGB). This consent is expressly obtained in the booking form whenever the customer requests immediate provisioning of the app.
[Full, separate withdrawal notice including model withdrawal form to be finalized with a lawyer.]
15. Changes to These Terms
Tectarix reserves the right to amend these Terms with effect for the future, to the extent necessary to adapt to changed legal or technical circumstances and provided this does not unreasonably disadvantage the customer. The customer will be informed of changes in advance; if the customer does not object within [four weeks], the amended Terms are deemed accepted. The customer will be separately notified of this right to object and the consequences of not exercising it.
16. Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Where the customer is a merchant, a legal entity under public law, or a special fund under public law, [jurisdiction to be finalized] is the exclusive place of jurisdiction for all disputes arising from this contractual relationship. Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.
Status: draft 2026-10.