Terms of Service
Last updated: March 2026
The German version of these Terms is legally binding. This English version is provided for informational purposes only.
Section 1: Scope and Subject Matter
These General Terms and Conditions (hereinafter "Terms") apply to all contracts between Martin Becker, Blockkamp 13, 29351 Eldingen, Germany (hereinafter "Provider") and the customer (hereinafter "Customer") regarding the use of the cloud service "Easy Mail Archive" (hereinafter "Service").
The Service is available exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). By registering, the Customer confirms that they use the Service for commercial or independent professional purposes. Consumers within the meaning of Section 13 BGB are excluded from use.
These Terms, the Data Processing Agreement (DPA) pursuant to Art. 28 GDPR, available at /avv, and the Privacy Policy, available at /privacy, together form the contractual framework.
Any conflicting or deviating terms and conditions of the Customer shall not apply, even if the Provider does not expressly object to them.
Section 2: Contract Formation
The Customer may register for the Service on the Provider's website. Registration constitutes a binding offer by the Customer to enter into a service agreement. The contract is concluded upon confirmation of registration by the Provider.
The Provider offers a free trial period, the duration of which is stated on the website. During the trial, the Customer may use the Service without obligation. After the trial expires, access ends automatically unless the Customer subscribes to a paid plan.
A paid subscription is concluded by selecting a plan and providing a valid payment method.
Section 3: Service Description
The Provider makes available to the Customer a cloud-based email archiving service. The Service includes email ingestion, storage, full-text search, export, audit logging, and role-based access control.
The Service provides the technical prerequisites for GoBD-compliant email archiving, in particular through immutable storage (tamper-proof archiving), retention periods, comprehensive logging, and export functions. The Customer bears sole responsibility for GoBD compliance, including the complete and timely capture of all tax-relevant emails, correct configuration, and maintenance of their own process documentation (Verfahrensdokumentation).
The Provider may further develop and improve the Service. The Provider will notify the Customer in advance of material changes that could significantly affect the Customer's use of the Service.
The Provider aims to maintain Service availability of 99% averaged over the calendar year. Scheduled maintenance and downtime due to force majeure are excluded from the calculation. If availability persistently falls below this target, the Customer has a special right of termination pursuant to Section 8(5).
Section 4: Customer Obligations
The Customer must provide complete and accurate information during registration and keep it up to date. The Customer is responsible for the security of their login credentials and must notify the Provider immediately of any unauthorized use of their account.
The Customer is responsible for all actions performed under their account, including actions by users they have set up.
The Customer is responsible for the complete and timely routing of all emails to be archived to the Service. The setup and configuration of email forwarding (e.g., BCC rules, journaling) is the Customer's responsibility.
The Customer bears sole responsibility for compliance with statutory retention obligations (in particular GoBD, Section 257 HGB, Section 147 AO) and for creating and maintaining their own process documentation (Verfahrensdokumentation).
The Customer shall use the Service exclusively for lawful email archiving purposes. The Customer is prohibited from:
- using the Service to store unlawful content;
- gaining unauthorized access to the Service, other accounts, or connected systems;
- impairing the integrity or performance of the Service;
- reselling or sublicensing the Service to third parties without the Provider's prior written consent;
- decompiling, disassembling, or reverse engineering the Service.
In the event of a breach of these obligations, the Provider is entitled to suspend the Customer's access to the Service in whole or in part.
The Customer must ensure that all persons whose email correspondence is archived via the Service are registered as users in the system. The Service provides automated detection of unassigned email addresses to assist the Customer in maintaining complete user registration. Failure to register users whose email is being archived constitutes a breach of these Terms.
Section 5: Data Protection and Data Processing
In the course of providing the Service, the Provider processes personal data on behalf of the Customer as a data processor within the meaning of Art. 28 GDPR. The details of data processing are set forth in the Data Processing Agreement (DPA), available at /avv, which forms an integral part of these Terms.
The Customer is the data controller for all personal data contained in the archived emails. The Customer ensures that their use of the Service complies with applicable data protection laws.
All data is stored and processed exclusively in data centres within the European Union.
Further information on data processing is available in the Provider's Privacy Policy at /privacy.
Section 6: Data Security and Confidentiality
The Provider undertakes not to disclose the Customer's archived emails and data to third parties unless the Customer has expressly consented or the Provider is legally obligated to do so.
All data is encrypted at rest and in transit. Encryption keys are separated by tenant.
Encryption keys cannot be accessed by third parties or by the Provider's staff unless the Customer expressly grants support access through their customer portal.
The Provider's employees and subcontractors are bound by confidentiality obligations.
Section 7: Fees and Payment
The number of licenses required is determined by the greater of: (a) the number of active registered users, or (b) the total storage consumed divided by the per-license storage quota of the selected plan, rounded up to the next whole number. Fees are determined by the plan selected by the Customer at the time of subscription. Current per-license storage quotas and prices are available on the Provider's website.
Billing occurs monthly or annually in advance, depending on the selected billing cycle. Payment is made by credit card via the payment service provider Stripe.
All prices are quoted net of applicable value-added tax (VAT), which will be added where required by law.
In the event of a failed payment, the charge will be retried automatically. The Provider is entitled to suspend access to the Service if payment is not received, without the Customer having any claim to a specific grace period.
If payment is not received within three months following suspension, the Provider is entitled to terminate the contract with immediate effect.
The Provider may adjust pricing with six weeks' notice prior to the start of a new billing period. Section 12 of these Terms applies accordingly.
Section 8: Term and Termination
The free trial period ends automatically after the duration stated on the website. There is no automatic conversion to a paid subscription.
Paid subscriptions renew automatically for the respective billing period (monthly or annually) unless the Customer cancels before the end of the current billing period.
The Customer may cancel the subscription at any time, effective at the end of the current billing period.
The Provider may terminate the contract for cause with immediate effect, in particular in the event of:
- a material breach of these Terms by the Customer;
- payment default of more than three months pursuant to Section 7(5);
- insolvency proceedings being filed against the Customer's assets.
If Service availability persistently falls below the target stated in Section 3(4), the Customer has a special right of termination with 30 days' notice.
Following termination, the Customer may export their archived data within 30 days. After this period, all Customer data will be deleted.
After termination, the Customer bears sole responsibility for compliance with any continuing statutory retention obligations.
Section 9: Warranty
The Provider warrants that the Service substantially conforms to the current service description.
The Customer must report defects to the Provider in text form (Section 126b BGB) without undue delay after discovery.
The Provider will remedy reported defects within a reasonable period. Remediation is the primary form of warranty.
If remediation fails after a reasonable period and at least two attempts, the Customer is entitled to the statutory warranty rights.
Section 10: Limitation of Liability
The Provider is liable without limitation for damages arising from injury to life, body, or health caused by negligent or intentional breach of duty by the Provider, and for damages caused by intent or gross negligence.
In the event of a breach of material contractual obligations (cardinal obligations) through simple negligence, the Provider's liability is limited to the foreseeable, typically occurring damage. In such cases, liability is capped at the total fees paid by the Customer in the twelve months preceding the event giving rise to the claim (annual contract value).
Liability for simple negligence in relation to non-essential contractual obligations is excluded.
Liability for data loss is limited to the effort that would have been required to restore the data had the Customer performed proper and regular data backups (in particular regular data exports).
The above limitations of liability also apply in favour of the Provider's employees, representatives, and vicarious agents.
Liability under the German Product Liability Act (Produkthaftungsgesetz) and from assumed guarantees remains unaffected.
Section 11: Indemnification
The Customer shall indemnify and hold the Provider harmless from all third-party claims asserted against the Provider due to content archived by the Customer through the Service, to the extent that the Customer is responsible for the infringement.
The Customer shall further indemnify the Provider from claims arising from unlawful use of the Service by the Customer or their users.
The Customer shall support the Provider in legal defence and provide all necessary information without undue delay.
Section 12: Modification of Terms
The Provider is entitled to modify these Terms with effect for the future, provided that the modification is reasonable for the Customer taking into account the Provider's interests, in particular where the modification does not result in a material deterioration of the contractually owed services.
The Provider will notify the Customer of planned modifications at least six weeks before they take effect by email to the address stored in the account, highlighting the material changes.
The Customer may object to the modifications in text form within four weeks of receiving the notification. If the Customer does not object within this period, the modifications are deemed accepted. The Provider will inform the Customer in the modification notice of the objection period and the consequences of failing to object.
If the Customer objects, both parties have a special right of termination effective on the planned date of the modification. Until termination, the previous Terms continue to apply.
Section 13: Subcontractors
The Provider is entitled to use subcontractors to provide the Service, in particular for hosting, infrastructure, and payment processing.
The Provider remains responsible to the Customer for the proper performance of the Service.
A list of sub-processors is maintained as part of the DPA.
Section 14: Final Provisions
The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms is Celle, provided the Customer is a merchant, a legal entity under public law, or a special fund under public law.
Should individual provisions of these Terms be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that most closely reflects its economic purpose.
The German version of these Terms is legally binding. The English version is provided for informational purposes only.
Declarations in connection with these Terms require text form (Section 126b BGB). Email satisfies the text form requirement.
The Provider is entitled to transfer the contractual relationship to a successor entity (UG or GmbH) in which Martin Becker holds a majority ownership interest. The scope of the Service and all existing contractual obligations remain unchanged by such transfer.
The Provider shall notify the Customer of any such transfer by email at least 30 days in advance. The Customer has the right to terminate the contract for cause with effect from the date of transfer.