General Terms and Conditions of AlphaNodes GmbH

CONTENTS:

Translated from German

The basis for the use of our offers are our General Terms and Conditions. Furthermore, there are system policies (hereinafter referred to as “conditions”) for the various areas, which specify more precisely which use is possible. Our offer is aimed exclusively at corporate customers, entrepreneurs, tradesmen, freelancers and public authorities who use this service as part of their business activities.

D. Managed Application Hosting Service Agreements

By accepting these Terms on behalf of your employer or other legal entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such legal entity to these Terms; (ii) you have read and understood these Terms; and (iii) you agree to these Terms on behalf of the party you represent. If you do not have the authority to bind your employer or the relevant entity, please do not enter into a contract with us.

1. Service obligation, contact person, customer support

The performance obligations of AlphaNodes GmbH result from the performance description of the respective hosting package. Other promises, performance promises or ancillary agreements are only effective if they are confirmed in writing by AlphaNodes GmbH.

All Managed Application Hosting offers include written technical support during the specified support hours. Written support requests by the customer are made via the AlphaNodes customer area. The customer must use his customer access provided by us for this purpose (login: e-mail, password: customer password).

Support services not included in the service scope, as well as requests relating to individual problems, will be charged according to our current hourly rate on a time and material basis after prior consultation with the customer. Provided that this is (technically) possible and the activity does not affect the installation of future system updates / application updates.

In the case of work that can and is possible to be carried out by the customer himself, there is no entitlement to the work being carried out by support staff.

2. Monitored services / services / processes

  • Web server (HTTP)
  • Web application (application error messages)
  • Databases (MySQL, PostgreSQL)
  • Server load
  • Hard disks (storage space utilisation)

To ensure the security and stability of the Managed Application Hosting product, process monitoring is carried out, which terminates the corresponding process in the event of excessive runtime and/or RAM utilisation.

3. Maintenance, operation and fault clearance

Maintenance of the Managed Application Hosting package and operating system updates are carried out by our technicians during business hours while the system is in operation. Unless a different time period is required due to the activity.

The server is monitored by AlphaNodes 24 hours a day for outages. A system outage will be handled during business hours. Customers can report emergencies via the AlphaNodes customer area by creating a support ticket there. An emergency is a server failure or the failure of a server service.

For maintenance, fault clearance and support, AlphaNodes operates its own administrator account within the application. This account is used to verify the application configuration after updates and to carry out support tasks as requested by the customer. The customer is obliged to keep this account permanently active and may not deactivate, block or delete it.

In addition, AlphaNodes GmbH is entitled to adapt the hardware and software used to provide the services to the respective state of the art. In the course of this, it may be necessary, among other things, for the customer to be migrated to another server without requiring his consent.

4. Access to the server and the hosting package

4.1 Cloud Hosting

With Managed Application Hosting in the cloud, root access by customers to the server is generally not possible. The operation of additional software or libraries is generally not possible.

4.2 InHouse / On-Premise

With InHouse packages, the customer has root access to the server. However, we expressly point out that changes to the server or system configuration must only be made after prior consultation with AlphaNodes GmbH. This applies for the following reasons:

  • Security: AlphaNodes GmbH bears responsibility for the secure operation of the system within the scope of managed hosting. Unannounced changes to the system cannot be distinguished from unauthorized access and will trigger corresponding security measures.
  • Automation: The operation of the infrastructure is partially handled through automated processes. Independent changes to the system may be overwritten or reversed by this automation without warning. To ensure that your customizations remain permanently effective, they must be integrated into the automation in advance in coordination with AlphaNodes GmbH.

Changes made without prior coordination that affect the operation or security of the system entitle AlphaNodes GmbH to reverse these changes or restore the system to its original state.

4.3 Usage rights and restrictions

Subject to these Terms and during the applicable Term, you may access and use the booked Hosting Product for your own business purposes, if applicable, all in accordance with these Terms. The rights granted to you in this section 4 are non-exclusive, unsublicensable and non-transferable.

Except as otherwise expressly permitted in these conditions, you may not: (a) reproduce, modify, adapt or create derivative works from the Hosting Packages; (b) rent, lease, share, sell, sublicense, or transfer the Hosting Packages to any third party; (c) use the Hosting Packages for the benefit of any third party; (d) integrate the Hosting Packages into a product or service that you provide to a third party; (e) interfere with or otherwise circumvent mechanisms in the Hosting Packages designed to restrict your use; (f) reverse engineer, disassemble, decompile, translate or otherwise attempt to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs of any Hosting Packages, except as expressly permitted by applicable law (and then only with the permission of AlphaNodes GmbH); (g) remove or obscure any proprietary or other notices contained in any Hosting Product; (h) use the Hosting Packages for competitive analysis or competitive product development; (i) publicly disseminate information about the performance of the Hosting Packages; or (j) encourage or assist any third party to take any of the foregoing actions.

5. Administrative access for customers and duty to cooperate

The customer receives an identification with administrator permission to the ordered application. The customer is responsible for the further configuration of the application, as well as the creation of user accounts (end users) on the system etc.. We require that the access data transmitted to the customer for the administration of the application be treated as strictly confidential and that the information not be passed on to unauthorised persons. User IDs are allocated to individual, named persons and may not be passed on. AlphaNodes GmbH cannot and will not be liable for any loss or damage arising from the customer’s failure to comply with this security obligation. You are responsible for all actions taken using administrator accounts, end user accounts and passwords. And you agree to notify us immediately of any unauthorised use of which you become aware.

Responsibility for end users. Application users are determined by the application administrator; or the application administrator determines how users can log on to the system. As a customer, you are responsible for understanding the settings and controls for each hosting package you use and for controlling who you allow to become end users.

Please note that you are responsible for the activities of all your end users, including how end users use your data, even if those end users are not from your organisation or domain. You are also responsible for your users’ compliance with our Terms of Use when using our Service.

The customer will not place any illegal content on the booked hosting package that violates the laws, regulatory requirements or rights of third parties. The customer shall indemnify AlphaNodes GmbH against any claims by third parties for which the customer is responsible, including the costs triggered by the claim.

If we become aware of illegal content or activities, we are entitled and obligated to act without delay. This includes in particular requesting the customer to remove the offending content and blocking access (Art. 6(1)(b) of Regulation (EU) 2022/2065 – Digital Services Act/DSA).

6. Use of your data

AlphaNodes GmbH has in principle no claim to the use of data, applications and information of the customer. Rights and obligations arising from this are the exclusive responsibility of the customer.

The customer grants AlphaNodes a licence-free, non-exclusive and non-transferable right to use the customer’s data, applications and other information to the extent and for as long as this is required for the provision of the contractually agreed services. This right covers in particular the storage, backup, processing and transmission of data in the context of the operation, maintenance and migration of the booked hosting package. Any use beyond this – in particular for AlphaNodes’ own commercial purposes or for disclosure to third parties – is expressly excluded.

Insofar as AlphaNodes GmbH acts as a processor for the customer within the meaning of Art. 28 (3) GDPR, special regulations on the commissioning agreement shall apply.

7. Domain name ownership

If you want to specify your own domain for the operation of a hosting product, you must be the owner of this domain or control this domain. The necessary name server entry must be set by you according to our indications. If you do not own or control the domain you specify, you cannot use your own domain. Regardless of whether this possibility of use is part of the service description.

8. Prohibited actions

In order for us to operate a performant, secure and reliable network for our customers:

(a) we are entitled to limit the API requests for booked hosting packages. (b) the sending of spam mails is prohibited. This includes in particular the sending of unauthorised, unsolicited advertising to third parties. When sending e-mails, it is also prohibited to provide false sender data or to disguise the identity of the sender in any other way. In the event of non-compliance, we are entitled to block access.

9. Storage space limitation

Depending on the hosting package you have booked, there are so-called storage space limits which affect the data you process. The storage space available to you depends on the hosting package booked and the information stored on the website. AlphaNodes GmbH reserves the right to inform the customer if the storage space limit is exceeded. If additional storage space is required or a larger package is booked, the customer will incur additional costs for this. AlphaNodes is entitled to adjust the storage space limit for technical or operational reasons. Adjustments to the storage space limit may be made at any time without prior notice.

10. Data backup

All Managed Application Hosting offers have a daily backup. Backups are stored in encrypted form. A self-service download of backup files is not available. Upon written request, AlphaNodes can provide the customer with an encrypted copy of the backup data; the handover is made exclusively to a specifically named, authorised person designated by the customer. Additional costs may apply. Restoring the backup (restore) is only possible through AlphaNodes GmbH.

11. Let’s Encrypt

Let’s Encrypt is a service offered by the Internet Security Research Group (ISRG). AlphaNodes GmbH is only a distributor of Let’s Encrypt certificates and has no influence on the service. Therefore, we do not assume any warranty or liability for the functionality, availability, stability and reliability of Let’s Encrypt certificates. It is also not guaranteed that Let’s Encrypt certificates will remain permanently free of charge and can be provided permanently free of charge by AlphaNodes.

12. Additional services

Subject to these terms and conditions, customers may add additional services based on the AlphaNodes service offering. Such additional services may be subject to different policies and may be subject to additional charges.

12a. Extension Packages

12a.1 Scope

Extension Packages (including AI Plugin, SAML/SSO Plugin, Productivity Bundle) extend the functionality of an active Managed Application Hosting package. A current overview is available on the AlphaNodes website.

12a.2 Requirements & Scope of Services

Use requires an active hosting package (InHouse or Cloud). AlphaNodes ensures installation, configuration, compatibility updates and maintenance of the booked plugins.

12a.3 Support

Support is provided on a best-effort basis via the ticket system within the agreed service hours. No guaranteed response time.

12a.4 Use After Contract Termination

Upon termination, AlphaNodes will automatically remove the plugins. Any entitlement to updates, maintenance and support ceases.

12a.5 External Dependencies & Maintenance

Plugins may depend on external APIs. AlphaNodes does not guarantee the availability of third-party services but will adapt plugins promptly in the event of API changes. AlphaNodes is entitled to update, modify or deactivate plugins at any time.

12a.6 AI Plugin: Data Protection Notes

When using the AI Plugin, content is transmitted to external AI services (e.g. OpenAI, Azure OpenAI, Ollama) for processing. As the data controller, the customer is solely responsible for:

  • verifying whether the transfer of data to the chosen AI service is permissible under data protection law
  • carrying out a data protection impact assessment (Art. 35 GDPR) where required
  • taking appropriate measures to protect personal data (e.g. pseudonymisation, anonymisation or restriction to non-personal content)
  • complying with the terms of use and privacy policies of the integrated AI providers

AlphaNodes has no means of controlling what content the customer transmits to AI services. AlphaNodes accepts no liability for data protection violations arising from the customer’s use of the AI Plugin.

The customer shall indemnify AlphaNodes against any claims by third parties resulting from use of the AI Plugin in breach of data protection law.

12a.7 AI Plugin: Copyright and AI-Generated Content

(1) Content generated by the AI Plugin (in particular texts, summaries and analyses) does not constitute a personal intellectual creation within the meaning of copyright law and therefore enjoys no copyright protection. Exclusive rights of use in purely AI-generated content cannot be granted.

(2) The customer is responsible for verifying that content used in prompts complies with third-party rights (in particular copyright, trademark and personal rights). The customer ensures that it is authorised to submit the content used.

(3) AI-generated results may be erroneous, incomplete or inaccurate. The customer is obliged to independently verify AI-generated content for accuracy, completeness and legal permissibility before use.

(4) AlphaNodes is not liable for damages arising from the customer adopting or publishing AI-generated content without prior review. This does not apply insofar as AlphaNodes caused the damage intentionally or through gross negligence, or insofar as liability for injury to life, body or health exists.

(5) AlphaNodes has no influence over the results of the AI model used. AlphaNodes’ liability is limited to the contractual provision and technical functionality of the AI Plugin.

12a.8 AI Plugin: Compliance with the EU AI Act

(1) The customer is deemed to be the operator of the AI system within the meaning of Art. 3 No. 4 of the EU AI Act (Regulation (EU) 2024/1689) and is obliged to operate the AI Plugin in accordance with the resulting requirements.

(2) This includes in particular the obligation to classify the risk of the customer’s own use of AI, as well as the requirement – applicable since 2 February 2025 – to ensure that all persons using AI systems have sufficient AI competence (Art. 4 EU AI Act).

(3) AlphaNodes does not provide advisory services regarding compliance with the EU AI Act and accepts no liability for the customer’s violations of regulatory requirements.

12a.9 Minimum Term & Termination

Minimum term: 3 months. Thereafter terminable on a monthly basis with 2 weeks’ notice to the end of the month (in text form via the customer portal or by e-mail).

12a.10 Liability

AlphaNodes is liable without limitation in cases of intent or gross negligence. In cases of simple negligence, liability is limited to breaches of material contractual obligations and restricted to foreseeable damages.

13. Payment and billing

Unless otherwise expressly agreed with the customer in writing, all monthly charges are due in full at the beginning of the billing period. As a rule, from the provision date. The customer is obliged to keep the account information, including the payment information, up to date and to update it immediately if there are any changes (e.g. a change in the billing address or the expiry date of your credit card).

If the booked hosting package fees or other charges are not paid within five (5) days of our notice of default. Or if the payment information is not updated after our request to the customer, AlphaNodes GmbH may, in addition to any other remedies, suspend access to and use of the booked Hosting Packages by the customer and its end users.

If payment is made via Paypal, the relevant T&Cs of Paypal shall apply in addition to these Terms and Conditions. If payment is made via Stripe, the relevant Stripe T&Cs apply in addition to these Terms.

14. Term of contract and termination

Unless otherwise contractually agreed, the contracts are concluded for an indefinite period.

The minimum term of the hosting packages is one (1) month, unless otherwise agreed. Termination is two (2) weeks to the end of the performance period. Termination shall in no case release the customer from its obligation to pay fees payable to us for the period prior to the effective date of termination.

Upon termination of a booked Managed Application Hosting Package, access to the application will be blocked at the end of the term. The data will subsequently be irrevocably deleted. Recovery after contract termination is not possible.

The customer is responsible for securing their data in good time before the end of the term. A complete database export (database dump) can only be created by AlphaNodes and must be requested in writing before the end of the contract. AlphaNodes will provide the backup as an encrypted copy to a specifically named, authorised person designated by the customer. Provision is subject to a fee and will be charged on a time and material basis. After expiry of the contractual term, there is no entitlement to data handover.

15. Amendments to these Terms

AlphaNodes GmbH reserves the right to update or modify these Service Agreements at any time, to the extent required for legal, technical, or organizational reasons. Price adjustments are not subject to this clause; they are governed by the General Terms and Conditions of AlphaNodes GmbH.

Updated terms will be published on our website with the respective amendment date indicated. The customer is required to check the terms regularly for changes. By continuing to use our Managed Application Hosting services after updated terms have been published, the customer agrees to be bound by them.

Date: 08.03.2026

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