Liability
To the extent permitted by applicable law, in no event is one party liable to the other for any indirect, consequential, or other incidental damages arising out of the contract, or for any loss of profit, loss of anticipated savings, business opportunity, goodwill, or loss of revenue, or for any cost of procurement of substitute goods or services, even if the other party has been advised of the possibility of such damages.
Unpaid services
For services that are free of charge, the service provider's liability is limited to intent, malice and to gross negligence or the absence of a guaranteed characteristic. Any further liability is excluded. Liability for culpable injury to life, limb or health remains unaffected by this, as is liability under the Product Liability Act.
Paid Services
For paid services the service provider is liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence or the absence of a guaranteed characteristic, including intent or gross negligence on the part of the provider's representatives or vicarious agents.
In the event of a slightly negligent breach of a major contractual obligation, which is required for the proper execution of the contract, which breach jeopardizes the contract’s achievement and to which compliance the customer can regularly rely on, the provider's liability for damages is limited to compensation for the foreseeable, typically occurring damage. In addition, the customer agrees to keep the damage caused by the missing or defective service as low as possible. Any further liability is excluded. Liability for culpable injury to life, limb or health remains unaffected by this, as is liability under the Product Liability Act.
Loss of Data
As far as the access to data is free of charge, the provider is not liable for the loss of customer data. Rather, the customer must assume that all data entered is only temporarily available.
If access to customer data is subject to charge, the service provider is liable for slight negligence only under the conditions and to the extent of the above clauses and to the extent that the damage would have occurred even if the customer had properly backed up the data (on its local systems) on a regular basis at least daily, commensurate with the importance of the data.
Accidents
Under no circumstances shall the provider be liable for accidents, the consequences of accidents, injuries or property damage caused by the use of the product, unless the cause is attributable to intent, malice or gross negligence on the part of the provider.