Terms of service

This is an English convenience translation. The German version — including the German Bitkom module texts — is binding.

As of 2026-07-10

1. Contract documents and precedence

Your PaaSbox contract consists of, in this order:

1. the individual order placed in the customer console (chosen tier and billing plan),
2. this service description, including the price list as valid at the time of ordering,
3. the Bitkom Contractual Terms for the Use of Software over the Internet (SaaS Bitkom), version 3.0 — incorporated unmodified: PDF (German, binding) · PDF (English),
4. the Bitkom General Contractual Terms (AV Bitkom), version 3.0 — incorporated unmodified: PDF (German, binding) · PDF (English).

Where documents conflict, the earlier-listed one prevails. Terms in this service description take precedence over conflicting clauses of the Bitkom modules. The Bitkom modules are incorporated without any modification.

Provider: TODO(owner): legal entity and address — see the imprint.

2. Service description

2.1 What PaaSbox is

PaaSbox is a software-as-a-service platform for running Kubernetes clusters on the customer’s own Hetzner Cloud account: a self-service console (console.paasbox.com) with an API, and an automated control plane that provisions and operates Kubernetes clusters. Use is via browser and API; no software is handed over for installation. The service handover point is the data center’s internet uplink; disruptions of the internet connection are outside the provider’s sphere of risk.

The intended field of use is running the customer’s containerized applications on Kubernetes in a business context. The purpose of use and the conditions of use are further set out in the acceptable use policy, which forms part of this service description (clause 1.1 SaaS Bitkom). It excludes high-risk applications in particular.

2.2 What the provider operates

• each cluster’s Kubernetes control plane (API server, etcd, scheduler, controllers) as managed components on platform infrastructure, including continuous backups of the etcd state,
• provisioning and lifecycle: cluster creation, Kubernetes upgrades, scaling, hibernation and wake, worker-node repair,
• the customer console with API, short-lived admin credentials (kubeconfig, valid at most 8 hours), and billing,
• for adopted customer servers: reinstallation without deletion — adopted servers are never deleted by the provider; reinstallation erases the data on the server (an explicit warning is shown before adoption).

2.3 What the customer brings and is responsible for

• their own Hetzner Cloud account and API token (read/write). Worker nodes, load balancers, and volumes are created in the customer’s Hetzner project and are billed by Hetzner directly to the customer; the customer’s contract with Hetzner is separate and unaffected. The provider accesses the Hetzner project solely on the customer’s behalf via the customer’s token.
• their workloads: selection, configuration, operation, and data of the applications run on the cluster, including their backup (clause 5.3 SaaS Bitkom). The customer holds full cluster-admin access (kubeconfig, API) and can therefore export application data and cluster configuration into their own custody at any time.

In short: the provider keeps the platform running; the customer runs their applications.

2.4 Availability, maintenance, service levels (re clauses 3.1 and 3.2 SaaS Bitkom)

(a) Availability commitment. The provider commits, per cluster and calendar month, to a control-plane availability of TODO(owner): confirm the figure (e.g. 99.x %). What counts is reachability of the cluster’s Kubernetes API server from the handover point (clause 2.1). An only insignificant reduction in fitness for use is disregarded (clause 3.2 SaaS Bitkom).

(b) Exclusions. The following do not count as unavailability: announced planned maintenance (letter c); additional periods of unavailability that occur with prior notice; disruptions of the internet connection beyond the handover point (clause 1.1 SaaS Bitkom); factors in the customer’s Hetzner project (including worker nodes, load balancers, volumes, networking, quotas, validity of the API token) and other matters within the customer’s responsibility; force majeure; and hibernation requested by the customer. Control-plane unavailability does not, as such, interrupt customer workloads already running on worker nodes; it affects management functions (deployments, scaling, cluster changes). See backups & availability.

(c) Planned maintenance. Planned maintenance windows are announced in advance where possible, via the console or by email. TODO(owner): state the usual maintenance window (weekday, time in EU time).

(d) Service credit as liquidated reduction. If availability in a calendar month falls short of the committed figure, the customer may claim a credit against the pro-rata fee for the affected cluster and month on the following schedule:

availability reached in the month	credit (share of the cluster’s monthly fee)
TODO(owner): threshold	TODO(owner): e.g. 10 %
TODO(owner): threshold	TODO(owner): e.g. 25 %
TODO(owner): threshold	TODO(owner): e.g. 50 %

This credit is a liquidated reduction (Minderung, § 536 BGB): it stands in for the statutory reduction that is hard to quantify case by case; it does not displace that reduction and does not cap it. The customer expressly retains the right to show a greater reduction, and the provider the right to show a smaller or no reduction. The credit is granted on request to support@paasbox.com.

(e) Relationship to liability. Liability under clause 6.1 AV Bitkom (including intent and gross negligence, the Product Liability Act, and injury to life, body, or health) and liability for breach of an essential contractual duty (clause 6.2 AV Bitkom) remain unaffected by this clause; they are neither excluded nor capped. This clause merely liquidates the reduction for shortfalls in availability; the customer’s further statutory remedies for defects remain unaffected.

This clause is a draft and must be reviewed by counsel before publication.

2.5 Fault reports and point of contact (re clauses 7 and 8 SaaS Bitkom)

Faults are reported by email to support@paasbox.com, stating team, cluster name, region, a description of the fault, and when it occurred. The point of contact under clause 8 SaaS Bitkom is the same address and also receives fault reports. Responses are best-effort, typically within one business day; no fixed response or resolution times are agreed.

2.6 Remuneration (re clause 1 AV Bitkom)

The price list as valid at the time of ordering applies (two tiers: Basic and HA; billing plans: monthly, annual, hourly by awake hours). All prices are exclusive of statutory VAT. Billing is per cluster via the payment provider Stripe; a valid payment method is required before a cluster can start. Metering, spend caps, and payment-failure handling: billing & spend controls.

2.7 Term and termination (deviating from clause 9 SaaS Bitkom)

Deviating from clauses 9.2 and 9.4 SaaS Bitkom, per cluster and chosen billing plan:

• Monthly plan: one billing month, renewing monthly. Cancel anytime effective at the end of the current billing period; no partial refunds.
• Annual plan: minimum term of twelve months, ending at the end of the term. On request, early termination is refunded as the remainder minus the months used at the monthly rate (annual price = 10 monthly prices; the refund therefore reaches zero from month ten). Details: refund policy.
• Hourly plan (pay-as-you-go): no minimum term; terminate by deleting the cluster.
• Deleting a cluster mid-period ends its subscription immediately; the remainder of the period is forfeited.

Termination is by self-service in the console or in text form (email suffices) — deviating from the written-form requirement of clause 9.4 SaaS Bitkom. The right to extraordinary termination for cause remains unaffected (clause 9.3 SaaS Bitkom).

Ordinary termination by the provider. Clause 9.2 SaaS Bitkom provides for ordinary termination by either party; the provisions above replace it only for termination by the customer. The provider may terminate the contract for a cluster on three months’ notice, effective at the end of a billing period and no earlier than the end of an agreed minimum term (annual plan). In that case the provider refunds pro rata any remuneration already paid for the period after termination takes effect, and assists the customer in exporting their data (clause 2.8) and in switching provider (clause 2.11).

2.8 Data at contract end (re clauses 5.3 and 9.5 SaaS Bitkom)

The customer’s application data lives in their own Hetzner project and remains there after the contract ends. The cluster configuration held by the provider (etcd state) is deleted when the cluster is deleted or the contract ends; the customer can export it beforehand at any time via kubeconfig/API and should do so in good time. Adopted servers are released back to the customer at contract end — never deleted.

2.9 Data protection, processing on behalf (re clause 4 SaaS Bitkom)

Customer data is stored exclusively in data centers within the European Union. Where the provider acts as a processor — in particular for the provider-held cluster state (etcd) and its backups — the data-processing agreement (DPA/AVV) applies as an annex to this service description; its German version is binding, an English translation is provided for information. Which processing makes the provider a controller and which a processor is set out in the DPA and the privacy policy.

2.10 Fair use

The flat per-cluster price assumes a bounded control-plane footprint. The fair-use principles form part of this service description. Exceeding them leads to a conversation with the customer first, not to suspending running clusters. The rights under clause 2.12 (suspension) and clause 2.7 (termination) remain unaffected; in particular, where security is acutely endangered or the provider is legally compelled, it may suspend without a prior conversation.

2.11 Switching and data portability (Data Act)

Insofar as PaaSbox qualifies as a data processing service within the meaning of Regulation (EU) 2023/2854 (Data Act), the following applies in addition to clauses 2.7 and 2.8:

• Right to switch. The customer may switch to another provider of the same service type or to their own ICT infrastructure, or use several services in parallel. The provider erects no pre-commercial, commercial, technical, contractual, or organisational obstacles to this (Art. 23 Data Act).
• Deadlines. The maximum notice period to initiate a switch is two months; the customer may extend it once at their discretion (Art. 25 Data Act). Under the short terms of clause 2.7, termination is usually possible sooner. After the notice period the provider transfers the exportable data without undue delay, at the latest within 30 calendar days; where this is technically infeasible, the provider says so within 14 working days with reasons and proposes a longer transition period not exceeding seven months.
• Assistance, continuity, security. The provider gives reasonable switching assistance, maintains business continuity during the switch, ensures a high level of security, and informs the customer of known risks to uninterrupted provision.
• Exportable data. What can be transferred is the cluster data the customer can retrieve at any time via kubeconfig/API (including the etcd state with the Kubernetes objects). Application data and adopted servers already live in the customer’s Hetzner project and stay there (clause 2.8). Excluded from transfer are the provider’s operational and security information and other customers’ data.
• Deletion, minimum retrieval period. After a completed switch, or after the period lapses, the provider deletes the data remaining with it (clause 2.8); a minimum data-retrieval period of 30 calendar days applies.
• No switching charges. The provider charges no switching or data-extraction fees. Standard service fees until contract end, and any proportionate charge for the remaining run of an annual plan (clause 2.7), remain unaffected (Art. 29 Data Act; switching charges are abolished by 12 January 2027 at the latest).

2.12 Suspension

(a) Grounds. The provider may suspend the customer’s access to a cluster, in whole or in part, where

• the customer is in default on a due payment (clause 1.4, second paragraph, AV Bitkom),
• the customer materially exceeds the use permitted to them, or breaches provisions protecting against unauthorised use (clause 2.5 SaaS Bitkom),
• the customer breaches the agreed purpose of use or the conditions of use set out in this service description, as laid down in the acceptable use policy (clauses 1.1 and 2.1 SaaS Bitkom),
• the customer’s services or data acutely endanger the security or integrity of the platform, of other customers, or of third parties, or
• the provider is required to do so by law, by a court decision, or by an order of a public authority.

(b) Proportionality, notice, opportunity to cure. A suspension is limited to what is necessary in extent and duration; it applies first to the affected service, not to the whole customer account. The provider gives prior notice and sets a reasonable period to cure (clause 2.5 SaaS Bitkom). Where security is acutely endangered or the provider is legally compelled (letter (a), fourth and fifth bullets), suspension may occur without prior notice; the provider informs the customer without undue delay, so far as it is legally permitted to do so.

(c) Duration and lifting. Revoking access alone does not amount to termination of the contract, and without termination it may be maintained only for a reasonable period, at most three months (clause 2.5 SaaS Bitkom); in the case of payment default, clause 1.4, second paragraph, AV Bitkom applies (as a rule at most six months). The customer is entitled to have access restored once they have shown that the ground for suspension has ceased and will not recur (clause 2.7 SaaS Bitkom).

(d) Effect on data and remuneration. A suspension deletes no data. The resources in the customer’s own Hetzner project — worker nodes, load balancers, volumes and adopted servers — are untouched; they remain under the customer’s control and Hetzner continues to bill them to the customer directly. Suspending the control plane does not, as such, interrupt workloads already running on worker nodes (clause 2.4(b)). For the duration of a suspension for which the customer is responsible, the obligation to pay remains.

This provision is a draft and must be reviewed by counsel before publication.

3. Customers; consumers

The offering is directed at businesses. Consumers residing in the European Union may nevertheless purchase; for them, mandatory statutory consumer rights take precedence over these terms and the Bitkom modules. EU consumers have a 14-day right of withdrawal; by expressly requesting immediate provisioning of a cluster, the consumer consents to immediate performance and acknowledges that the right of withdrawal lapses once performance has begun. Outside the EU, PaaSbox is offered to businesses only.

4. Final provisions

Clause 8 AV Bitkom applies in other respects (including German law and the exclusion of the UN Convention on Contracts for the International Sale of Goods). The German version of this page and of the Bitkom modules is authoritative; English versions are for information.