Table of contents

A. Terms and Conditions with customer information

1. Scope
2. Services of the provider
3. Changes to services
4. Conclusion of contract
5. Right of withdrawal
6. Grant of rights of use by the provider
7. Grant of rights of use by the customer
8. Customer obligations
9. Moderation and restriction of content
10. Remuneration and payment terms
11. Contract term and termination
12. Provider switching
13. Liability for defects
14. Liability
15. Indemnification
16. Confidentiality
17. Amendment of the terms
18. Applicable law, place of jurisdiction
19. Alternative dispute resolution

B. Annex: Rules on provider switching

1. Scope
2. Definitions
3. Pre-contractual information
4. Switching and exit plan
5. Initiation of the switching process
6. Transitional period
7. Provider obligations during the switching process
8. Customer responsibilities
9. Retrieval and erasure of data
10. Remuneration for the switching process and exit charges
11. Conclusion of the switching process
12. Termination of contract

1) Scope

1.1 These General Terms and Conditions (hereinafter "Terms") of Rafael Wörner, trading as "Honigbart Studios" (hereinafter "we"), apply to all contracts for the provision of Software-as-a-Service (hereinafter "SaaS") services that you, as a consumer or entrepreneur (hereinafter "customer"), conclude with us in respect of the services described by us on our website. The subject of the contract is the provision, against payment and limited in time to the contract term, of software (hereinafter "Software") in digital form over the internet, as well as the provision of storage space on our servers. We hereby object to the inclusion of your own terms, unless we have agreed otherwise with you.

1.2 Within the meaning of these Terms you are a consumer if you conclude a legal transaction for purposes that are predominantly attributable neither to your commercial nor to your self-employed professional activity.

1.3 Within the meaning of these Terms you are an entrepreneur if you, as a natural or legal person or a partnership with legal capacity, act in the exercise of your commercial or self-employed professional activity when concluding a legal transaction.

1.4 Our Software may contain links to third-party services. These Terms do not apply to such services that are provided not by us but by a third party. This applies even if the services are provided free of charge and/or if their use requires registration with us. Only the terms used by the third party, or the statutory provisions in the relationship between you and the third party, apply to these services. In this respect we merely provide the technical access to these services.

2) Services of the provider

2.1 For the duration of the agreed contract term we provide you with Software in digital form over the internet. To this end we enable you to access the Software, which remains on our server. The scope of functions and the technical specifications of the Software are described in more detail in the service description on our website. We owe only the provision of the Software with the functionalities defined in more detail in the service description. In particular, we do not owe the establishment and maintenance of the data connection between your IT system and our server.

2.2 Our Software is updated by us at irregular intervals. Accordingly, you receive only a right to use the Software in its respective current version. You have no claim to the bringing about of a particular state of the Software.

2.3 For the use of the Software we provide you with a limited amount of storage space on our servers. The extent of the storage space is described in more detail in the service description on our website.

2.4 The provider's services are offered subject to availability. Availability of 100 percent is not technically feasible and therefore cannot be warranted to the customer by the provider. However, the provider endeavours to keep the service available as constantly as possible. In particular maintenance, security or capacity concerns, as well as events outside the provider's sphere of control (disruptions of public communications networks, power failures, etc.), may lead to disruptions or to a temporary shutdown of the service.

2.5 We take measures for data backup that correspond to the state of the art. However, no obligation of safekeeping or custody applies to us. You are yourself responsible for an adequate data backup.

2.6 We make user instructions available to you in electronic form.

2.7 Unless the service description on our website provides otherwise, we owe you no support that goes beyond our contractual obligation to maintain the Software.

3) Changes to services

3.1 We reserve the right to change the services we offer or to offer differing services, unless this is unreasonable for you.

3.2 We further reserve the right to change the services we offer or to offer differing services,

• insofar as we are obliged to do so due to a change in the legal situation;
• insofar as we thereby comply with a court judgment directed against us or an authority decision;
• insofar as the respective change is necessary to close existing security vulnerabilities;
• if the change is merely advantageous for you; or
• if the change is of a purely technical or procedural nature with no material effects for you.

3.3 Changes with only an immaterial effect on our services do not constitute changes to services within the meaning of this clause. This applies in particular to changes of a purely graphical nature and the mere change of the arrangement of functions.

4) Conclusion of contract

4.1 The services described on our website do not constitute binding offers on our part, but serve for you to submit a binding offer.

4.2 You can submit the offer via the online order form provided on our website. In doing so, after entering your personal data, by clicking the button that completes the ordering process you submit a legally binding contractual offer in respect of the selected services.

4.3 We can accept your offer within five days,

• by sending you a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by you is decisive in this respect, or
• by requesting you to pay after submission of your order.

If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives first occurs. The period for accepting the offer begins to run on the day after the dispatch of the offer by you and ends with the expiry of the fifth day following the dispatch of the offer. If we do not accept your offer within the aforementioned period, this is deemed a rejection of the offer, with the consequence that you are no longer bound by your declaration of intent.

4.4 When an offer is submitted via the provider's online order form, the contract text is stored by the provider after conclusion of the contract and transmitted to the customer in text form (e.g. email, fax or letter) after dispatch of the order. No further provision of access to the contract text by the provider takes place. If the customer has set up a user account on the provider's website before dispatch of the order, the order data is archived on the provider's website and can be retrieved by the customer free of charge via the customer's password-protected user account by entering the corresponding login data.

4.5 Before binding submission of the order via our online order form, you can identify possible input errors by reading carefully the information displayed on the screen. An effective technical means of better recognising input errors can be your browser's magnification function, which enlarges the display on the screen. You can correct your entries within the electronic ordering process using the usual keyboard and mouse functions until you click the button that completes the ordering process.

4.6 The German language is available to you for the conclusion of the contract.

4.7 Order processing and contact generally take place by email and automated order processing. You must ensure that the email address you provide for order processing is correct so that the emails sent by us can be received at this address. In particular, when using SPAM filters, you must ensure that all emails sent by us or by third parties commissioned by us with order processing can be delivered.

5) Right of withdrawal

Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in our withdrawal instruction.

6) Grant of rights of use by the provider

We are the holder of all rights of use required to provide the Software. Unless the service description on our website provides otherwise, we grant you the non-exclusive, non-transferable right, limited in time to the duration of the contract, to use the Software for private purposes within the scope of these Terms. Any use of the Software beyond that is not permitted.

7) Grant of rights of use by the customer

We are entitled to use content and information that is made available to us by you for the service within the scope of our contractual obligations and whose processing is necessary for the proper provision of the service. You grant us, free of charge, non-exclusively and limited to the duration of the contract, the rights of use required for this, in particular the right of permanent retention and storage, the right of reproduction, and the right of adaptation, and you warrant that you are entitled to grant these rights of use.

8) Customer obligations

8.1 You ensure that the hardware and software you use, including workstation computers, routers, data communication equipment, etc., meets the minimum technical requirements for the use of the Software version currently offered by us.

8.2 You are obliged to protect and keep safe the access data made available to you against access by third parties in accordance with the state of the art. You ensure that use takes place only within the contractually agreed scope. Unauthorised access by third parties must be reported to us without delay.

8.3 You may not store on the storage space provided by us any data the use of which violates applicable law, official requirements or orders, the rights of third parties, or agreements with third parties.

8.4 The content you store on the storage space designated for you may be protected under data-protection law. You check, at your own responsibility, whether your use of personal data complies with data-protection requirements.

8.5 At your own responsibility, you must regularly carry out appropriate data backups.

8.6 You are obliged to check your data and information for viruses or other harmful components before input and to use, for this purpose, measures that correspond to the state of the art (e.g. antivirus programs).

8.7 You ensure that programs, scripts or the like installed by you do not jeopardise the operation of our server or communications network or the security and integrity of other data stored on our servers.

8.8 If programs, scripts or the like installed by you jeopardise or impair the operation of our server or our communications network, or the security and integrity of other data stored on our servers, we may deactivate or uninstall these programs, scripts, etc. If the removal of the jeopardy or impairment so requires, we are also entitled to interrupt the connection of the content stored on the server to the internet. We will inform you of this measure without delay.

9) Moderation and restriction of content

9.1 We are in principle not obliged to check proactively the content you post for its legality or compatibility with the rights of third parties or with these Terms. We nevertheless reserve the right, in individual cases on our own initiative, to check your content for its legality and, in the event of established violations, to take measures in accordance with the following provisions.

9.2 You can report presumably unlawful content to us using the contact information in our imprint (e.g. by email). We are free to forward the content of your report to the person who posted the reported content. The identity of the reporting person is disclosed to the other person only where this is strictly necessary.

9.3 In the case of reports and within the scope of any checks carried out on our own initiative, a human review of content generally takes place. In individual cases, automated technical review procedures may be additionally used.

9.4 If, in response to a report or within the scope of a check on our own initiative, the unlawfulness of content published by you is established, we are entitled, even without prior notice or contact, at our reasonable discretion, to take one or more of the following measures:

• warning of you as the publishing customer,
• temporary blocking or permanent deletion of the content concerned,
• temporary or permanent suspension of the contractually assumed obligations,
• termination of the contractual relationship (ordinary or extraordinary for good cause).

9.5 In choosing the measures to be taken, we will take into account the principles of proportionality and weigh your interests as the affected customer against our own interests in the unhindered, undisturbed and proper continuation of our business activity. Criteria taken into account when imposing a measure are:

• the expressive and substantive content of the specific content and its potential for infringement or jeopardy,
• the frequency of the publication of impermissible content by you,
• the proportion of the publication of impermissible content by you relative to your other use of the service,
• insofar as identifiable, the intentions you pursued with the publication of impermissible content,
• insofar as identifiable, the existence and degree of your fault.

9.6 If you frequently submit manifestly unfounded reports or complaints, we will, after prior warning, suspend the processing of reports and complaints on your part for a reasonable period.

10) Remuneration and payment terms

10.1 Unless our service description provides otherwise, the prices stated are total prices that include statutory value-added tax.

10.2 The payment options and payment modalities are communicated to you on our website.

10.3 When selecting a payment method offered via the payment service "Stripe", payment processing takes place 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 you on our website. To process payments, Stripe may make use of further payment services for which special payment terms may apply, of which you may be informed separately. Further information on Stripe is available on the internet at https://stripe.com/de.

11) Contract term and termination

11.1 Our contract is concluded for an indefinite period, but at least for the minimum term apparent from the service description on our website. You can terminate the contract during the minimum term with a notice period of one month to the end of the minimum term, and after expiry of the minimum term at any time with a notice period of one month.

11.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all the circumstances of the individual case and weighing the interests of both parties, the continuation of the contractual relationship until the agreed termination or until the expiry of a notice period cannot be reasonably expected of the terminating party.

11.3 Terminations can be made in writing, in text form (e.g. by email) or in electronic form via the termination facility (termination button) provided by the provider on its website.

11.4 Upon termination of the contract you lose access to your user account. Furthermore, our obligation to store the data you have posted also ends upon termination of the contract.

12) Provider switching

If you wish to switch to another provider or to ICT infrastructure on your own premises, the rules in the Annex on provider switching, which is appended to these Terms, apply.

13) Liability for defects

If you act as a consumer, the statutory provisions on liability for defects apply.

If you act as an entrepreneur, the statutory provisions on liability for defects apply subject to the following limitations.

13.1 You must notify us of any defects, disruptions or damage that arise without delay.

13.2 We exclude the warranty for only insignificant reductions in the suitability of the service.

13.3 Our fault-independent liability under § 536a (1) of the German Civil Code (BGB) for defects that already existed at the time of conclusion of the contract is excluded.

13.4 Termination by you on account of failure to grant the contractually compliant use is permissible only once we have had sufficient opportunity to remedy the defect and this has failed. A failure of the remedy of the defect is to be assumed only if it is impossible, if it is refused by us or unreasonably delayed, if there are justified doubts regarding the prospects of success, or if for other reasons it is unreasonable for you as the customer.

14) Liability

14.1 We are liable to you under all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

14.2 We are liable without limitation on any legal ground

• in the case of intent or gross negligence,
• in the case of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, insofar as nothing else is stipulated in this respect,
• on the basis of mandatory liability such as under the German Product Liability Act (Produkthaftungsgesetz).

14.3 If we negligently breach a material contractual obligation, our liability is limited to the foreseeable damage typical for the contract, unless we are liable without limitation under the preceding clause. Material contractual obligations are obligations that the contract imposes on us according to its content for the achievement of the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place, and on the observance of which you may regularly rely.

14.4 In all other respects, liability on our part is excluded.

14.5 The foregoing liability provisions also apply with regard to our liability for our vicarious agents and legal representatives.

15) Indemnification

You indemnify us against all claims that other customers or other third parties assert against us on account of the violation of their rights due to content posted by you or due to your other use. You also assume the necessary costs of legal defence, including all court and lawyer's fees in the statutory amount. This does not apply if you are not responsible for the infringement. In the event of a claim by third parties, you are obliged to provide us, without delay, truthfully and completely, with all information required for the examination of the claims and for a defence.

16) Confidentiality

We undertake to maintain silence about all confidential information of which we become aware in connection with this contract and its performance, and not to disclose it to third parties. Confidential information is information that is marked as confidential or whose confidentiality results from the circumstances, regardless of whether it was communicated in written, electronic, embodied or oral form. The confidentiality obligation does not apply insofar as we are obliged to disclose the confidential information by law or on the basis of a final or legally binding decision of an authority or court.

17) Amendment of the terms

17.1 We reserve the right to amend these Terms at any time, provided that you consent to the amendment.

17.2 We further reserve the right to amend these Terms even without your consent,

• insofar as we are obliged to do so due to a change in the legal situation;
• insofar as we thereby comply with a court judgment directed against us or an authority decision;
• insofar as we introduce additional, entirely new services or service elements that require a service description in the Terms, unless the existing usage relationship is thereby adversely changed;
• if the change is merely advantageous for you; or
• if the change is purely technically or procedurally conditioned, unless it has material effects for you.

17.3 We will inform you in good time and in a suitable form about material amendments to these Terms. Material amendments are such amendments as would significantly shift the contractual relationship to your disadvantage or would be equivalent to the conclusion of an entirely new contract. These include, for example, provisions on the nature and scope of the service or on the contract term and termination modalities.

17.4 Your right of termination remains unaffected by this.

18) Applicable law, place of jurisdiction

The law of the Federal Republic of Germany applies to all legal relationships between us. If you act as a consumer, this choice of law applies only insofar as you are not thereby deprived of the protection afforded by mandatory provisions of the law of the state in which you have your habitual residence.

19) Alternative dispute resolution

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

1) Scope

The following provisions apply in the event that you wish to switch to another provider or to ICT infrastructure on your own premises.

2) Definitions

2.1 A "data processing service" within the meaning of these Terms is a digital service that is provided to you and enables ubiquitous and on-demand network access to a shared pool of configurable, scalable and elastic computing resources of a centralised, distributed or highly distributed nature that can be rapidly provisioned and released with minimal management effort or minimal interaction from us.

2.2 "Digital assets" within the meaning of these Terms are elements in digital form — including applications — for which you have a right of use, irrespective of the contractual relationship with the data processing service you wish to switch.

2.3 "ICT infrastructure on own premises" within the meaning of these Terms is ICT infrastructure and computing resources that are owned by you or rented or leased by you, that are located in your data centre, and that are operated by you or by a third party.

2.4 A "switch" within the meaning of these Terms is a process involving us, you as the customer and, where applicable, a receiving provider of data processing services. In doing so, you switch from the use of our data processing service to the use of another data processing service of the same service type, or another service offered by another provider of data processing services, or offered to ICT infrastructure on your own premises, including by extraction, transformation and uploading of the data.

2.5 "Exportable data" within the meaning of these Terms is input and output data, including metadata, generated directly or indirectly through your use of the data processing service or jointly with us, with the exception of the assets or data of us or third parties that are protected by intellectual property rights or constitute a trade secret.

3) Pre-contractual information

3.1 Before you order the data processing services, we provide you with clear information on the following points:

• our standard remuneration and, where applicable, penalties for early termination;
• the switching charges;
• services that require a highly complex or costly switch, or for which a switch is not possible without significant impairment of the data, digital assets or service architecture, where relevant;
• specific services for which the obligations to switch and to terminate do not apply, where applicable;
• a complete list of the categories of data and digital assets that can be transferred, including at least all exportable data;
• a complete list of the categories of data that are specific to the internal functioning of our data processing service and are excluded from the data-export obligation where there is a risk of a breach of our trade secrets;
• clear information about known risks to the continuity of the provision of our functions or services.

3.2 Our online register of data structures and formats, relevant standards and open interoperability specifications for data is available on our website.

4) Switching and exit plan

4.1 We agree with you on a switching and exit plan (hereinafter "Plan") which contains in particular the following:

• details of the switching and exit assistance, including the porting methods and formats and the steps required to carry out the switching process;
• the contact persons designated by you and by us, respectively, to carry out the Plan;
• an estimate of the time needed for the export and transfer of your data and digital assets out of the original provider's environment;
• limitations and technical restrictions, including those arising from the storage of data outside the EU;
• a description of the sequence of operations proposed by us;
• a description of the test method proposed by us, if tests are carried out.

4.2 At your request, we must make information available to the personnel designated by you (or other third parties authorised by you) to explain the relevant procedures.

4.3 At your request, we undertake either to organise a test or to support you in your tests in order to verify whether the Plan works in practice for exportable data and digital assets. If problems arise during the test, we will jointly analyse the causes in good faith and work towards solutions.

4.4 We and you undertake to update the Plan as needed and, at least at your request, to examine whether amendments are necessary.

5) Initiation of the switching process

5.1 You must send us a switching notice, observing a notice period of 2 months, from which it follows that you are initiating the switch. If you wish to transfer only certain services, data or digital assets, you must state this in the notice.

5.2 In the switching notice you must inform us whether you intend:

• to switch to another provider of data processing services. In this case you should provide the required information about the target provider;
• to switch to your own local ICT infrastructure; or
• not to switch, but only to erase your exportable data and digital assets.

5.3 We will confirm receipt of the switching notice within 3 working days at the latest, by the same communication channel you used.

6) Transitional period

6.1 The transitional period is 30 calendar days and begins with the expiry of the notice period for initiating the switching process.

6.2 If we cannot comply with the agreed transitional period for technical reasons, we undertake:

• to notify you in writing or in text form within 14 working days of receipt of your termination;
• to specify an alternative transitional period, which may not exceed seven (7) months from the date of your notice of termination; and
• to provide an appropriate justification for the technical impossibility.

You must confirm receipt of this extension notice within 3 working days in writing or in text form.

6.3 You can extend the transitional period once by a period that you consider appropriate for your purposes, but no longer than 3 months. In the case of complex migrations, we may by mutual agreement agree on a longer period, but no more than 12 months. You must inform us by the end of the original transitional period, in writing or in text form, of your intention and specify the alternative transitional period. We will confirm receipt of such an extension notice within 3 working days in writing or in text form.

7) Provider obligations during the switching process

We undertake to support you and third parties commissioned by you in an appropriate manner from the beginning and throughout the entire duration of the switching process so that you can switch within the agreed transitional period. For this purpose, we must in particular:

• make available capabilities, appropriate information (including the documents required to carry out the switch) and technical support. If problems are identified, we and you will analyse the causes in good faith and work towards solutions;
• proceed with due care to maintain business continuity and to continue to provide the contractually compliant functions or services;
• maintain a high level of security throughout the entire switching process, in particular for the security of the data during its transfer.

8) Customer responsibilities

8.1 You undertake to take all reasonable measures to achieve an effective switch. You bear responsibility for the import and implementation of data and digital assets into your own systems or into the systems of the target provider.

8.2 You, or third parties commissioned by you, including the target provider, undertake to respect the intellectual property rights and trade secrets in the materials provided by us during the switching process. You further undertake to grant third parties or the target provider access to these materials, and where applicable to grant sublicences for their use, only insofar as this is necessary to carry out the switching process up to the end of the agreed transitional period, including the alternative transitional period, while respecting the confidentiality obligations and the intellectual property rights granted by us.

9) Retrieval and erasure of data

9.1 You can retrieve or erase your data during the agreed period for data retrieval. The period for data retrieval is 30 calendar days and begins after the expiry of the agreed transitional period. We can jointly agree on a longer period if this is warranted taking into account our mutual interests.

9.2 After expiry of the agreed period for retrieval and upon successful completion of the switching process, we undertake to erase all exportable data and digital assets that were generated by you or that are directly related to you, and to confirm to you that we have done so. This does not apply to exportable data that we are required to retain under mandatory EU law or the law of the EU Member States, provided that we inform you which exportable data we retain, for how long, and for what reasons.

10) Remuneration for the switching process and exit charges

We do not charge any additional remuneration for the switching process.

11) Conclusion of the switching process

11.1 As soon as you inform us that the switching process has been successfully completed, we will inform you without delay about the termination of the contract. If you do not inform us of the successful switch or the absence of one, although we have justified reason to assume that the switch has been successfully completed by you, we can demand from you a confirmation that the switch has been successfully completed. If you do not confirm the successful switch within 30 working days of this request, we assume that the switch was not successful, and the contract is not terminated but continued on the existing terms.

11.2 If you do not wish to switch, but to erase your exportable data and digital assets, we undertake to inform you about the termination of the contract at the end of the agreed notice period.

12) Termination of contract

12.1 The contract is deemed terminated when one of the following events has fully occurred:

• upon the successful completion of the switching process;
• after expiry of the notice period, if you do not wish to switch but to erase your exportable data and digital assets upon termination of the service.

12.2 If our contract or our Terms contain(s) clauses on termination on the basis of statutory provisions or related cases, such as the following:

• a contracting party applies for a deferral of payment or a suspension of payments, or a contracting party has been declared insolvent;
• a contracting party still does not comply in time with a material or other obligation under the contract that leads or could lead (either contractually or by law) to a termination of the contract;
• you learn of a change in ownership or in the power of disposal that leads or could lead, contractually or by law, to a termination of the agreement;
• the agreement is declared void due to a violation of, or a change in, the applicable mandatory law; or
• similar or identical situations, or other situations that lead or could lead, contractually or by law, to a termination of the agreement,

the agreement, together with the agreed services and functions, is not terminated or does not expire before one of the events under the preceding clause has unambiguously occurred. This has no effect on other rights or remedies that we or you have against the respective other party.

You can agree with us on success criteria for the switch as well as milestones for the switch, and report the status of their achievement during the switching process. In any case, you must inform us about the successful switch.

12.3 If the switching process cannot be successfully completed, we and you must cooperate in good faith in order to improve the switching process and achieve a successful completion, to enable a timely data transfer, and to maintain the continuity of the services. In doing so, at your request we must support you in identifying the reasons for the unsuccessful switch and inform you how the identified obstacles can be removed or circumvented.

• You will, at your own discretion, engage the target provider on your behalf.
• Without prejudice to other remedies available under applicable law, the agreement is not terminated and does not expire before the successful completion of the switching process or before a corresponding decision of a competent court or a forum chosen and agreed by us and you.
• In the event of conflicts or inconsistencies between these clauses and other agreements on the termination of the contract between us and you, these clauses take precedence.

12.4 The switching process is deemed successfully completed when:

• the agreed notice period has expired,
• the transitional period has begun after expiry of the notice period,
• the data-retrieval period has begun after expiry of the transitional period, and
• the data erasure has been successfully completed after expiry of the data-retrieval period, or after expiry of an alternatively agreed period following the successful completion of the switching process.

12.5 If, at the end of the transitional period, you decide not to erase all of your exportable data and digital assets at the end of the agreed data-retrieval period and wish to ensure that they remain available with restricted functionality for a certain additional time, or if you have agreed with us to maintain the contract without the provision of certain services, then unless you expressly so order, this can only take place after:

• the agreed notice period has expired,
• the transitional period has expired, and
• an alternative period for data retrieval and other conditions for the service with restricted functionality, or the maintenance of the contract between you and us, have been agreed (in particular the permission for us to erase the data after the alternative period for data retrieval and/or the determination of the remuneration for this additional period).

If the alternative data-retrieval period and other conditions for the service during this time are proposed by us, the contract may not be terminated or expire before you, at your own discretion, accept the erasure and have unambiguously confirmed that the contract is terminated.

12.6 Our mutual right to terminate the contractual relationship in the case of an indefinite contract by way of ordinary termination remains unaffected, provided that the reason for termination lies neither in a provider switch nor — on your side — in an intention to erase data.

12.7 If the contract was expressly concluded for a definite term and the expiry date is reached before the switching process is completed, and you have not requested the erasure of your exportable data and digital assets,

• the transitional period begins on the expiry date of the contract and we provide appropriate support for the switch;
• the foregoing rules on a successful or unsuccessful completion of the switching process apply accordingly.