Terms and conditions

Binding documents (German)

The contract language is German. Only the German versions of the following documents are legally binding:

• Allgemeine Geschäftsbedingungen (AGB): general terms and conditions for hosting, email, Sovereign Cloud, add-ons, cloud servers and Intelligence.
• Widerrufsbelehrung: withdrawal notice for consumers, including the model withdrawal form.
• Auftragsverarbeitungsvertrag (AVV): data processing agreement under Art. 28 GDPR for businesses that process personal data of third parties with our services; it becomes part of the contract with your order.

How we process personal data is explained in our privacy policy.

Your contract partner

Your contract partner is Mirai International Operations OÜ, Sepapaja tn 6, 15551 Tallinn, Estonia, registered in the Estonian Commercial Register (Äriregister) under registry code 17228167, VAT ID EE102855373, represented by Jonas Hartmann, member of the management board (juhatuse liige). “Hartmann” is a brand of Mirai International Operations OÜ. You can reach us by email at Show email address.

Binding text (German): § 2 AGB.

Conclusion of the contract

• The plans shown on this website and in the customer portal are not a binding offer but an invitation to you to make an offer.
• Hosting, Sovereign Cloud and add-ons: you click “Order now”, create a customer account on the order page in our customer portal (or log in) and make a binding offer by clicking the order button. You then pay via Stripe.
• The contract is only concluded when we accept your offer: by an order confirmation by email or by providing the service, whichever happens first; as a rule after successful payment. The email confirming receipt of your order is not yet an acceptance unless it expressly says so. We may reject offers without giving reasons, for example if payment fails or misuse is suspected; we then refund any amounts already paid.
• Cloud servers: you order them in the customer portal after logging in. Before ordering, you confirm there that you accept the terms, that as the operator you alone are responsible for the server and that you expressly request that we start immediately; without these confirmations, no order is possible. You make a binding offer by clicking “Kostenpflichtig bestellen” (order with obligation to pay). The contract is concluded when we provide the server. You then receive a contract confirmation by email.
• Individual services: we offer these after a consultation. The contract is concluded when you accept our offer in text form (e.g. by email).
• We set up hosting, the Sovereign Cloud and add-ons within 24 hours of receiving payment; cloud servers are ready within a few minutes of ordering in the customer portal.

Binding text (German): § 4 AGB, § 8 AGB.

Prices and payment

All prices in euros, including statutory VAT. This applies to hosting, Sovereign Cloud and add-ons. For cloud servers, this website shows the final price including German VAT. In the customer portal, we show you the final price for cloud servers including the VAT of your EU country and name the country; if it is not known, we use German VAT of 19%. The net price is shown below in each case. The final price shown to you immediately before the order button applies. If you are based outside the EU, the customer portal instead shows you the net price for cloud servers plus VAT where applicable, in the currency of your country (Swiss francs for Switzerland and Liechtenstein, pounds sterling for the United Kingdom, US dollars for the USA, otherwise euros); this price then applies. If the reverse-charge procedure applies to you as a business, you pay the net price for cloud servers.

Payment is processed by Stripe using the payment methods offered during checkout. Invoices are available for download in the customer portal. Subscription fees are payable in advance at the start of each billing period; cloud servers are billed monthly according to actual use. If you are in default of payment, we may block the affected services after a reminder in text form with a deadline of at least one week; your obligation to pay remains.

Binding text (German): § 5 AGB, § 6 AGB.

Contract term and cancellation

Contracts billed monthly run for one month at a time and renew automatically for another month unless they are cancelled by the end of the current billing month.

Contracts billed annually initially run for 12 months. If they are not cancelled by the end of this term, they continue for an indefinite period and can then be cancelled at any time with one month’s notice; fees already paid for the period after the end of the contract are refunded pro rata.

The term of each plan is shown directly below its price. Contracts for cloud servers run for an indefinite period; you end them by deleting the server in the customer portal, and billing ends on deletion.

You can cancel by email to Show email address, in the customer portal with “Vertrag hier kündigen” (cancel contract here) under “Meine Produkte” (My products) or by letter to our postal address; a cancellation in text form (e.g. email) is sufficient. A template is available at mein-hartmann.de/kuendigen/ (German). We will confirm your cancellation by email.

We can terminate with the same notice periods as you; for cloud servers we give at least one month’s notice so that you can back up your data. Both sides retain the right to terminate for good cause without notice.

After the contract ends, we are not obliged to keep your content. We delete it 14 days after the end of the contract unless we are legally required to keep it; a deleted cloud server is deleted immediately, together with its data. Back up your data in good time.

Binding text (German): § 7 AGB, § 17 AGB.

Your responsibility and indemnity

• You may only use our services in accordance with applicable law, the rights of third parties and the terms. Prohibited in particular are unlawful content, spam, phishing, malware, botnets, attacks on other systems, scanning third-party systems without permission, open proxies and relays, Tor exit nodes, cryptocurrency mining, unlawful gambling, violations of sanctions and any use that overloads or endangers our systems or those of others.
• You alone are responsible for all content, data, software and configurations in your services and on your servers, and for everything done via your services, servers, domains, mailboxes and access data.
• Cloud servers: we only provide the virtual infrastructure (computing power, memory, storage and network connection). You are the sole operator with full root access and alone responsible for the operating system, software, updates, security and firewall, access data, backups and the lawful operation of the server.
• We show you the root password of a cloud server once after ordering. Through the data centre’s interface, we can technically trigger actions on your server, such as starting the rescue system, resetting the root password, reinstalling the server, switching it on or off, opening its console or deleting it. We only do so if you initiate the action in the customer portal, if you ask us for support in a specific case, if we block the server because you are in default of payment or under “Blocking in the event of misuse”, if we delete the server after the contract for it has ended, for example after a cancellation or a withdrawal, if during maintenance work we change how your settings are technically implemented without changing their content (for example, the firewall through which your firewall rules are applied), or where this is necessary to avert a danger or because of a legal obligation. If such an action sets a new password (resetting the root password, rescue system, reinstallation) and you trigger it in the customer portal, we show you the password once. If we trigger it, we receive the new password; we only pass it on to you or use it for the purpose for which we triggered the action. We do not store your access data, including these passwords. Actions that you or we trigger on your server through the customer portal are recorded in the server’s activity in the customer portal, where you can also see whether you or we triggered them. We do not access the content of your server unless you give us your access data for a support case or we are legally obliged to do so.
• Backing up your data is your responsibility. Our own backups serve to restore our services; they do not replace your backups.
• We have no general obligation to monitor the content stored in or transmitted via our services.
• You indemnify us, our officers and employees as well as our subcontractors and infrastructure providers against all claims by third parties, including authorities, arising from your content, your use of our services or a breach of the law, third-party rights or the terms, insofar as you are responsible for the infringement. This includes the costs of the necessary legal defence at statutory rates and fines imposed on us because of such an infringement.

Binding text (German): § 9 AGB, § 10 AGB.

Availability and maintenance

We owe an availability of our infrastructure of 99% on an annual average, measured at the data centre’s transfer point to the internet. Announced maintenance, disruptions outside our control, outages within your area of responsibility and blocked services are not counted. We may carry out work needed for security at short notice and without announcement. As a consumer, your statutory rights regarding defects in digital services remain unaffected.

Binding text (German): § 11 AGB.

Blocking in the event of misuse

We may block services, servers, domains and mailboxes in whole or in part, immediately and without prior notice, if they pose a danger to our systems, our infrastructure providers, other customers or third parties (for example through malware, attacks, spam or a compromised system), if concrete indications make it sufficiently likely that your content or use violates the terms, the law or the rights of third parties, or if an authority, a court or our infrastructure provider requires it.

We take your legitimate interests into account and limit ourselves to a partial block where that is sufficient. We inform you of the block and its reason in text form at the latest when it takes effect, as far as legally permitted, and lift it once the reason no longer applies. If you are responsible for the block, your obligation to pay remains. In the case of serious or repeated violations, we can terminate the contract for good cause without notice.

Binding text (German): § 12 AGB.

Limitation of liability

• We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act (Produkthaftungsgesetz), for fraudulently concealed defects and within the scope of any guarantee we have expressly given.
• In the case of slight negligence, we are only liable for the breach of an essential contractual obligation, limited to the typical damage foreseeable when the contract was concluded; otherwise our liability for slight negligence is excluded.
• Businesses: in the case of slight negligence, we are not liable for lost profit or indirect damage, and our liability is limited per contract year to the fees paid for the affected service in that year. Claims for damages against us become time-barred after one year, except in the cases of unlimited liability.
• For loss of data caused by slight negligence, we are only liable for the effort that restoring the data would have required had you backed it up properly and regularly.
• We are not liable for damage caused solely by your content or by software you install yourself. Information in our service descriptions, including on availability, is not a guarantee unless we expressly call it one.

Binding text (German): § 14 AGB.

Right of withdrawal

As a consumer, you can withdraw from contracts with us within 14 days without giving any reason. You can also declare your withdrawal in the customer portal: after logging in, under “Meine Produkte” (My products) with “Vertrag widerrufen” (withdraw from contract), or for cloud servers on the server’s page. How this works and when the right of withdrawal expires early is explained in the Widerrufsbelehrung (German), which also contains the model withdrawal form.

If you withdraw from a contract for a cloud server, we delete the server together with all data stored on it, its backups and snapshots: immediately if you withdraw in the customer portal, and without undue delay after receipt if you withdraw by email or letter; if we have locked the server (for example after an abuse report), after our review; if you request the return of your content with the withdrawal (Section 17(3) of the German terms and conditions), we delete the server only after we have provided the content to you. The deletion cannot be undone, so back up your data beforehand. If you requested that we start immediately, you pay compensation for the value of the service (Wertersatz) for the use up to the deletion, at most up to the receipt of your withdrawal. We calculate it to the minute from the hourly prices, but at least at the costs actually incurred by us with the data centre operator for the hours started, and never higher than with normal hourly billing. We invoice the compensation immediately; very small amounts that cannot be charged on their own are added to a later monthly invoice.

For Intelligence, immediate start is a condition of activation; if you withdraw, you pay for the usage incurred up to then. You withdraw from Intelligence in the customer portal with “Vertrag widerrufen” on the Intelligence card under “Meine Produkte” or in the Intelligence settings.

Binding text (German): § 16 AGB.

Applicable law and place of jurisdiction

The law of the Republic of Estonia applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the country in which you have your habitual residence; for consumers resident in Germany, mandatory German consumer protection law therefore continues to apply.

If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Tallinn, Estonia; we may also sue you at your general place of jurisdiction. For consumers, the statutory places of jurisdiction apply. We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

Binding text (German): § 19 AGB, § 20 AGB.

Intelligence (AI chat)

Special terms apply to Intelligence, the AI chat in the customer portal; for Intelligence, they take precedence over the other terms.

• Service: a chat in the customer portal through which you send text to AI language models and receive their answers. The models come from third parties and run on our infrastructure provider Cloudflare (Workers AI). We may add, replace or remove models; you have no claim to a specific model.
• Activation: after logging in to the customer portal, with a confirmed email address, a stored payment method (card (credit or debit card), SEPA Direct Debit or Link by Stripe), a billing address and your confirmations. You make a binding offer by clicking “Kostenpflichtig bestellen” (order with obligation to pay); the contract is concluded when we activate Intelligence for you. Intelligence is intended for adults only.
• Usage-based prices: we charge per processed token (input, cached input and output) at the per-model prices shown in the customer portal at the time of the request. The conversation so far counts as input with every request, and tokens a model generates for “thinking” count as output. We bill monthly in arrears via your stored payment method; amounts below €5 are carried forward for at most 12 months. New prices are announced in text form at least four weeks before they take effect.
• Monthly limit: you set a monthly limit in the customer portal. Once it is reached, we accept no further requests until the end of the calendar month; we never charge more than the limit that applied at the time of each request.
• AI output may be wrong: answers are generated automatically and may be incorrect, incomplete, outdated or misleading. We do not check them; they are not legal, tax, medical, financial or other professional advice. We owe access to the models, not a particular content or accuracy. Check answers before using them. As a consumer, your statutory rights for digital services remain unaffected.
• Your responsibility: you alone are responsible for your inputs and for any use of the outputs, including any labelling obligations for AI-generated content (for example under Art. 50 of the EU AI Act). Do not enter special categories of personal data, access data or payment details. Your responsibility and indemnity under § 10 AGB apply accordingly.
• Acceptable use: in addition to the general rules, you may not use Intelligence to create unlawful content, malware or instructions for weapons of mass destruction or serious crimes, to deceive people (phishing, fraud, fake reviews, impersonation, disinformation), for mass spam, for practices prohibited by the EU AI Act or decisions with legal or similarly significant effect without human review, for high-risk uses without meeting their requirements, to circumvent model safeguards or to train other models contrary to licence terms, or to pass on or resell access. The model makers’ licence terms, linked per model on the Intelligence page, also apply.
• Term and cancellation: no base fee and no minimum term. You can cancel at any time with immediate effect in the customer portal or in the ways described above. Usage up to then is billed with the next monthly invoice; amounts below €0.50 are waived. We can terminate with one month’s notice.
• Unpaid invoices: while an Intelligence invoice is overdue or no usable payment method is stored, we may refuse further requests; you can still view and delete your stored conversations.
• Availability: models may be temporarily busy or unavailable; the 99% availability commitment does not apply to Intelligence. We may limit the number, length and parallelism of requests.
• Conversations and liability: we store your conversations until you delete them; otherwise we delete them automatically after the period you choose (default: 90 days without activity) and 14 days after the end of the contract. We store at most 1,000 conversations per customer; beyond that, we automatically delete the oldest ones. We do not look at them unless you ask us to, or it is necessary to investigate a specific suspicion of misuse or because of a legal obligation. For damage caused by using outputs without checking them, we are only liable in the cases of unlimited liability.

Binding text (German): § 21 AGB.