Terms of Service

A. Scope of application

1. These GTC govern the business relationship between Planetary Quantum GmbH and its customers.
2. Planetary Quantum shall provide the services exclusively on the basis of these Terms and Conditions. Any deviating terms and conditions of purchase or other terms and conditions of the contracting party are hereby expressly rejected.
3. collateral agreements, assurances and other agreements as well as amendments and supplements to the contract must be made in writing to be effective.

B. General provisions

1. Conclusion of the contract

• A) By signing the contract, the customer submits an offer to Planetary Quantum to conclude a contract. He is bound to his offer for a period of 1 week after receipt of the contract by Planetary Quantum.
• B) The contract shall be concluded if Planetary Quantum has confirmed acceptance of the application in writing within this period or begins with the actual performance of the services.
• C) Offers made by Planetary Quantum are always subject to change and non-binding. Planetary Quantum may make the conclusion of the contract dependent on the submission of a written power of attorney, an advance payment or a declaration of guarantee by a German bank. In the case of contracts with minors, parental consent is required for the contract to be valid.
• D) If the customer is a consumer, he may have a right of withdrawal, about which he will be informed separately in writing.

2. Termination

• A) Unless otherwise stipulated in the contract between the parties, the contractual relationship can be terminated after the expiry of any agreed minimum term with a notice period of 1 month to the end of the contractual month. There may be different notice periods for special and promotional offers (in particular offers with an annual payment method), provided this is indicated on the website or in the offer. The right to extraordinary termination for good cause for both parties remains unaffected by this.
• B) Notices of termination must be in writing to be effective.

4. Duties of Planetary Quantum

• A) Planetary Quantum offers the customer access to the existing communication infrastructure, the provision of storage space on a server, the use of value-added services, the maintenance and administration of data processing systems and communication infrastructures. The details and scope of the services are conclusively set out in the written main contract.
• B) Insofar as Planetary Quantum provides additional services and performances free of charge outside the contractual agreement, these may be discontinued at any time. This shall not give rise to a claim for reduction or damages on the part of the customer or a right of termination.
• C) Planetary Quantum is entitled to change, reduce or supplement the range of services resulting from the contract and to suspend access to individual services if and insofar as this does not or does not significantly impair the fulfillment of the purpose of the contract concluded with the customer. Customers must be informed of this in good time.
• D) Planetary Quantum points out that, according to the current state of the art, it is not possible to create hardware and software in such a way that it works error-free in all application combinations or can be protected against manipulation by third parties. This applies all the more as Planetary Quantum is not involved in the creation of the software used. Planetary Quantum does not guarantee that the hardware and software used meet the specific requirements of the customer, are suitable for certain applications or are free of crashes, errors and viruses. Planetary Quantum only warrants that the hardware and software used will function under normal operating conditions and with normal maintenance essentially in accordance with the performance specifications of the respective manufacturer at the time of delivery. Planetary Quantum does not assume any warranty for known defects of the products

4. Duties and obligations of the customer

• A) The customer is obliged to use the services offered by Planetary Quantum properly. In particular, he is obliged

  • AA) to inform Planetary Quantum immediately of any changes to the contractual basis. This also includes material changes to the contact details provided by the customer upon conclusion of the contract.
  • AB) Not to misuse the access options to the Planetary Quantum services and to refrain from illegal and/or unlawful actions. In particular, the customer is prohibited from
    • use the services of other Planetary Quantum service participants without authorization
    • unauthorized use of services not agreed in the contract between Planetary Quantum and the customer
    • read or change passwords, e-mails, files, etc. of other participants in the Planetary Quantum services or the system operator
    • distribute individual applications of licensed application software via the Planetary Quantum services without authorization
    • interrupt or block communication services, for example due to overloads, if the customer is responsible for this
    • to disseminate or make accessible criminal content of any kind via Planetary Quantum services.
    • This applies in particular to pornographic content, content that glorifies violence or content that is directed against the free democratic basic order or the idea of international understanding, as well as propaganda material and symbols of unconstitutional parties and associations or their substitute organizations
    • to obtain pornographic content for themselves or third parties that involves the sexual abuse of children.
  • AC) to ensure compliance with legal regulations and official requirements, insofar as these are relevant to participation in the Planetary Quantum network now or in the future;
  • AD) to take into account and comply with the applicable data protection regulations and the recognized principles of data security;
  • AE) to notify Planetary Quantum immediately of any recognizable defects or damage (fault reports) and to take all measures to enable the defects or damage and their causes to be identified or to facilitate and accelerate the elimination of the fault;
  • AF) to reimburse Planetary Quantum for the expenses incurred by the inspection of its facilities following the submission of a fault report, if and to the extent that the inspection reveals that a fault occurred in the customer’s area of responsibility (outside the defined scope of the contract and services).

• B) If the customer violates the obligations mentioned under a) ab) and a) ac), Planetary Quantum is entitled to terminate the contractual relationship immediately and in other cases after unsuccessful warning without notice.

• C) If the customer violates the prohibition of dissemination and/or making available of criminal content, in particular pornographic or defamatory content, mentioned under a) bb), Planetary Quantum shall be liable to pay a contractual penalty of € 5,000 for each case of violation, excluding the assumption of a continuation of the offense.

• D) In the event of a breach of contract (in particular the above-mentioned points), the customer shall reimburse Planetary Quantum for any material and personnel expenses incurred and shall indemnify Planetary Quantum against all third-party claims.

• E) Details of the interaction between users can be agreed in partnership by means of user regulations.

• F) In the cases mentioned under a) bb) and a) cc), Planetary Quantum is authorized, in addition to the right to terminate without notice, to block access to the services resulting from the scope of services and to change or delete the content concerned with immediate effect upon becoming aware of a breach by the customer in the manner described there.

• G) The customer shall make backup copies of all content of its website at suitable intervals that may not be stored on the web server itself. As part of its duty to minimize damage, the customer shall thus help to ensure that the website can be restored quickly and cost-effectively in the event of a system failure.

  The customer can only rely on the creation of backup copies by Planetary Quantum if this service feature has explicitly become part of the main contract (e.g. by commissioning the “backup service”).

  The customer himself shall contribute to the security of personal or business-critical data in particular by taking suitable measures such as appropriate encryption.

• H) Before using the services of Planetary Quantum, it is the responsibility of the customer to check whether the selected product and the associated technical setup (software and hardware used), including the security standards, are in an appropriate relationship to the protection requirements and value of his data.

  In addition to the information contained in the product and service description, Planetary Quantum will provide the customer with further specific information on request and will be available to advise on the assessment of specific risks.

5. Liability

• A) Planetary Quantum shall be liable for material defects and defects of title in accordance with the statutory provisions. If only merchants are involved in the contract, §§ 377 et seq. HGB (GERMAN COMMERCIAL CODE) SHALL APPLY IN ADDITION.
• B) Apart from liability for material defects and defects of title, Planetary Quantum shall be liable without limitation insofar as the cause of damage is based on intent or gross negligence. Planetary Quantum shall also be liable for the slightly negligent breach of material obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) and for the breach of cardinal obligations (obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer regularly relies), but in each case only for the foreseeable damage typical for the contract. Planetary Quantum shall not be liable for the slightly negligent breach of other obligations. Liability for consequential damages, indirect damages or loss of profit shall be excluded. Otherwise, Planetary Quantum’s liability for delay in performance for damages in addition to performance shalllimited to the annual fee payable by the customer and for damages in lieu of performance to two gross annual fees payable by the customer Any further claims of the customer shall be excluded, even after the expiry of any deadline set by Planetary Quantum for performance.
• C) The above limitations of liability shall not apply in the event of injury to life, limb and health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act, the Telecommunications Act or the GDPR remains unaffected.
• D) Planetary Quantum’s strict liability for damages (Section 536a BGB) for defects existing at the time of conclusion of the contract is excluded.
• E) In the event of data loss, Planetary Quantum shall only be liable for slight negligence under the conditions and to the extent set out under b) if the customer has backed up the data at suitable intervals in such a way that it can be restored with reasonable effort (see also No. B 4. g)).
• F) If Planetary Quantum’s liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.
• G) The customer shall be liable for all consequences and disadvantages incurred by Planetary Quantum or third parties due to the improper or illegal use of Planetary Quantum services or due to the fact that the customer does not fulfill his other obligations.

6. Use by third parties

• A) Direct or immediate use of the Planetary Quantum services by third parties, persons other than the customer or his employees or agents is not permitted. The customer may only use the services for his own purposes, but may not resell or sublet them.
• B) However, the provision made under a) shall not apply to resellers. These must be clearly designated as such when the contract is concluded. Resellers must properly instruct third parties in the use of the services. The reseller is responsible to Planetary Quantum for the third party’s compliance with the contractual provisions in the same way as he himself would be responsible for their compliance.
• C) The Reseller shall also pay the fees incurred by third parties within the scope of the access and use options made available to him. The same shall apply in the event of unauthorized use of the services by third parties, unless the Reseller proves that the unauthorized use was caused by circumventing or disabling Planetary Quantum’s security facilities, for which he is not responsible.

7. Prices and terms of payment

• A) Unless otherwise contractually agreed, Planetary Quantum shall invoice the customer for the agreed services at the applicable rates or fees and conditions plus the applicable statutory VAT. The invoice shall be sent to the customer in electronic form by e-mail to the e-mail address provided by the customer. The respective fees shall be due for immediate payment without deduction upon invoicing.
• B) If the charge is to be paid for parts of a calendar month irrespective of consumption, these shall be calculated at an hourly charge for each hour.
• C) In the case of contractual items that are subject to a restriction with regard to the volume of data transfer and storage space, the customer undertakes to pay the costs incurred if the volume is exceeded after the corresponding invoice has been issued.
• D) The customer shall reimburse Planetary Quantum for the costs incurred for each unpaid or returned direct debit to the extent that the customer is responsible for the event giving rise to the costs.
• E) In the event of an increase in the statutory value added tax, Planetary Quantum shall be entitled and, in the event of a reduction, obliged to adjust the prices accordingly at the time of the respective change. The customer has no right of termination due to such a price adjustment.

8. Right of set-off and retention, default in performance

• A) The customer may only offset undisputed or legally established claims against Planetary Quantum’s claims. The customer shall only be entitled to assert a right of retention in respect of such counterclaims which result from the same contractual relationship as the claims against which the right of retention is asserted.
• B) If a disruption of the Planetary Quantum services which is significant lasts longer than one week and an actual downtime period of more than one working day is reached, the customer shall be entitled to reduce the monthly fees and charges accordingly from the time of occurrence until the end of the disruption. A significant hindrance exists if
  • BA) the customer can no longer access the Planetary Quantum infrastructure for reasons for which the customer is not responsible or for which third parties are responsible and can therefore no longer use the services listed in the contract and
  • BB) the use of these services as a whole is significantly impeded or the use of individual services listed in the contract becomes impossible or comparable restrictions exist.
• C) In the event of service failures due to a disruption outside Planetary Quantum’s area of responsibility, the reduction shall be excluded. The same applies to the failure of services due to necessary business interruptions pursuant to No. B. 10. of these GTC.

9. Availability of services

Planetary Quantum offers its services 24 hours a day, 7 days a week. Necessary service interruptions for preventive maintenance work will be announced as early as possible. Planetary Quantum will eliminate disruptions to its technical facilities as quickly as possible within the scope of existing technical and operational possibilities.

If the customer exceeds contractually agreed capacity limits (e.g. storage space, data volume), the customer shall be responsible for any resulting restrictions in the availability of the services offered. The same shall also apply if the execution of the customer’s own scripts leads to an above-average load on servers, other IT infrastructure or other operational disruptions.

10. Default of payment

• In the event of default of payment, Planetary Quantum is entitled to demand default interest in the amount of 5 percentage points above the respective statutory base interest rate p.a. or, in the case of customers who are not consumers within the meaning of the German Civil Code (BGB), in the amount of 9 percentage points above the respective statutory base interest rate p.a.. If Planetary Quantum is able to prove a higher damage caused by default, Planetary Quantum shall be entitled to claim such damage.
• Planetary Quantum may terminate the contractual relationship extraordinarily without notice or assert a right of retention to the services incumbent upon it, in particular to interrupt the retrieval of domains, the connection of the server to the network or the customer’s line connection, if the customer is in arrears with the payment of the amounts owed in whole or in part for more than two months, Planetary Quantum has reminded the customer by setting a deadline and has pointed out the possible consequences of the termination and the right of retention. Planetary Quantum is then also entitled to no longer keep a domain registered under the contract and to release it.
• Planetary Quantum reserves the right to assert further claims.

11. Confidentiality / data protection

• The contractual partner is hereby informed in accordance with § 33 paragraph 1 of the Federal Data Protection Act and § 3 of the Teleservices Data Protection Act that Planetary Quantum processes personal data in machine-readable form and for tasks arising from the contract.
• Insofar as Planetary Quantum uses third parties to provide the services offered, Planetary Quantum is entitled to disclose the subscriber data in compliance with the provisions of § 28 BDSG. Planetary Quantum is also entitled to do so in cases where the detection, containment and elimination of faults and errors in Planetary Quantum’s systems and in the systems of third parties used make the transmission of data necessary.
• Planetary Quantum declares that employees acting within the scope of this contract have been bound to data secrecy in accordance with § 5 BDSG and that Planetary Quantum has taken the technical and organizational measures required under § 9 BDSG to ensure compliance with the provisions of the BDSG.

C. Digital Services Act

Below we provide you with the necessary information in accordance with Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19.10.2022 (hereinafter DSA).

1. Introduction

Section D of these GTC supplements the remaining content with specific regulations, procedures and notification requirements in accordance with the provisions of the DSA, which standardizes the provision of selected digital intermediary services within the EU. In particular, this includes provisions regarding the role of service providers, content moderation guidelines and transparency obligations. The regulations set out in this section are only applicable if you are located within the EU and/or use the website or the services covered by the DSA. Should there be any discrepancies between the provisions in this and other sections of the GTC, the provisions in this section shall take precedence.

2. Responsibility for content

The customer is prohibited from providing, publishing or transmitting unauthorized content. This includes, in particular, content that is incompatible with these GTC (see in particular No. A 4 a) bb) ) or applicable laws of the EU or an EU member state or violates them.

The customer is solely responsible for the information published. We are not obliged to check customer content for admissibility within the meaning of the DSA without cause. Notwithstanding this, we reserve the right to carry out such an examination in individual cases and to take measures within the framework defined here if infringements are identified.

3. Reporting of illegal content by third parties or authorities

Third parties can report the existence of suspected illegal content to the following address: abuse@runway.horse

We require the following information in the report:

• Reason for the report / justification of the possible illegality
• Exact location / URL of the reported content
• Name and e-mail address for contacting us (except in cases of criminal offenses involving sexual abuse or sexual exploitation of minors pursuant to Art. 3 to 7 of Directive 2011/93/EU)

By submitting this report, you declare that all information contained therein is complete and true

• We will not disclose the specific wording of the report or personal data of the reporting party to the customer concerned.
• If a third party submits abusive or frequently unfounded reports in this way, Planetary Quantum may stop processing these reports. The third party will be informed of this in advance. A report may be considered clearly unfounded if it clearly does not relate to suspected illegal content, but is merely based on personal opinions and/or subjective assessments.
• If Planetary Quantum has received an official order to take action against unlawful content pursuant to Art. 9 DSA, Planetary Quantum shall inform the customer whether and when it has executed the order. The notification to the customer shall contain a statement of reasons, existing options for legal remedies and a description of the territorial scope of the order.

4. Moderation procedure

The moderation and restriction of user content is carried out on the basis of the content moderation customary in the industry for hosting services, taking into account the statutory provisions on liability in the event of knowledge of illegal third-party content (“Notice and Take Down” procedure) in accordance with Section 10 of the German Telemedia Act (TMG)

In the event of notification by third parties (No. D 3.) or self-performed checks (No. D 2. Para. 2), a human content check is carried out.

When assessing the provision of illegal content, criteria such as the type and scope of the illegal content, the extent of its impact and/or the seriousness of the misconduct (e.g. in relation to the nature of the content concerned and its consequences) as well as the frequency of repetition of the misconduct are taken into account.

We will inform the customer of the facts of the case and, if the existence of illegal content is conclusive, we will request the customer toremove the content without delayin accordance with the statutory provisions:

• remove the content without delay to submit a statement
• or to submit a counterstatement

The reporting third party will be informed of the result of the examination of the reported facts.

We reserve the right to take the following measures after expiry of the deadline to the customer or failure to remedy the situation: Temporary blocking of the affected content

• Permanent deletion (including any data backups) of the affected content
• temporary suspension or permanent termination of hosting services
• termination of the contractual relationship (ordinary or extraordinary for good cause)
• other measures specified in these General Terms and Conditions (in particular penalties pursuant to No. B 4. c))

In doing so, we will weigh up the situation objectively and take into account the principles of proportionality

Quantum maymake the lifting of the blocking or temporary suspension of hosting servicesdependent on the customer having demonstrably remedied the unlawful situation. In order to exclude the risk of repetition, Planetary Quantum may insist on the submission of a cease-and-desist declaration subject to a contractual penalty. Planetary Quantum is entitled to demand a security deposit on the future contractual penalty resulting from the cease-and-desist declaration to secure a liability claim from a third party.

5. Complaint procedure

If you do not agree with one of our moderation decisions in accordance with No. D 4, you can submit a complaint to us

This must be submitted promptly after becoming aware of the disputed decision. To do so, reply to the e-mail message with which we informed you of the decision. In it, please state any new information that may lead to a reassessment of the decision. We will then review your complaint and inform you of the result of the review in the same way.

We are entitled to refuse to participate in an out-of-court dispute resolution procedure to refuse. In any case, you can also initiate legal proceedings at any time before a court with jurisdiction under applicable law.

D. Final provisions

• A) The place of performance for all contractual services is the registered office of Planetary Quantum in Berlin, Federal Republic of Germany.
• B) Contracts concluded on the basis of these General Terms and Conditions are subject to German law. Provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) are, as far as permissible, excluded.
• C) The place of jurisdiction for all disputes arising from this contractual relationship shall be the registered office of Planetary Quantum vis-à-vis fully commercial customers. This shall also apply to legal entities under public law or special funds under public law. However, Planetary Quantum shall also be entitled to bring an action at the customer’s place of business.
• D) Should a provision of this agreement be or become invalid or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Rather, the invalid provision shall be replaced by a substitute provision which corresponds or at least comes close to the purpose of the agreement and which the parties would have agreed in order to achieve the same economic result if they had been aware of the invalidity of the provisions. The same applies accordingly to the incompleteness of the provisions.