myStack Customer Agreement

This myStack Customer Agreement (“Agreement”) is entered into between:

automate.website UG (haftungsbeschränkt)
Ulmenhof 5
15831 Blankenfelde-Mahlow
Germany
(“Provider”)

and

Customer as identified during account registration or order placement (“Customer”)

Services

the myStack cloud control plane and related managed services provided by the Provider.

Control Plane

the myStack management platform used to provision, configure, monitor, and manage infrastructure resources.

Infrastructure Provider

third-party infrastructure providers selected by the Customer, including but not limited to Hetzner Cloud and Hetzner Robot.

Customer Data

all data, applications, configurations, software, and content uploaded, stored, processed, or transmitted by the Customer through the Services.

Subscription

the Customer’s access to and use of the Services under this Agreement.

The Provider grants the Customer a non-exclusive, non-transferable right to access and use the myStack platform during the term of this Agreement.

The Services may include:

• Managed databases
• Container services
• Kubernetes management
• Infrastructure orchestration
• Monitoring functionality
• Backup management features
• API access
• User management
• Additional features made available by the Provider

The Provider does not operate the underlying infrastructure used by Customer workloads. Customer workloads are deployed on infrastructure selected and contracted directly by the Customer.

The Customer enters into separate contractual relationships with Infrastructure Providers.

Infrastructure resources, including but not limited to:

• Virtual servers
• Storage volumes
• Load balancers
• Networking services
• Snapshots

are provided solely by the Infrastructure Provider.

Infrastructure fees are billed directly by the Infrastructure Provider to the Customer.

The Provider is not responsible for:

• Infrastructure outages
• Infrastructure performance
• Infrastructure billing
• Infrastructure support
• Data center operations

except to the extent directly caused by the Provider’s own systems.

The Provider shall use commercially reasonable efforts to maintain availability of the myStack Control Plane.

SLA Commitment

• Monthly Control Plane Availability: 99.9%
• Availability is calculated monthly.
• Scheduled maintenance windows announced at least 24 hours in advance shall not count as downtime.

Downtime caused by:

• Infrastructure Providers
• Internet connectivity issues
• Force majeure events
• Customer actions
• Third-party software

shall be excluded from SLA calculations.

Business-level support is included.

• Support Contact: support@mystack.cloud
• Support Channel: Email
• Target Initial Response Time: Within 24 hours during business days.

The Provider does not guarantee resolution times.

Emergency infrastructure incidents must be reported to the respective Infrastructure Provider.

Customer shall be solely responsible for:

• Managing workloads
• Application security
• User permissions
• Network security
• Regulatory compliance
• Backup configuration
• Backup retention policies
• Disaster recovery planning

The Provider provides backup functionality where available but does not determine backup frequency, backup retention, or backup destinations unless explicitly configured by the Customer.

Customer use of the Services is subject to the Acceptable Use Policy, which is incorporated into this Agreement by reference.

Each party shall comply with applicable data protection laws, including the GDPR.

Where the Provider processes personal data on behalf of the Customer, the parties enter into the Data Processing Agreement (DPA), which forms part of this Agreement.

Control Plane operational data is stored exclusively within Germany.

The Customer may deploy workloads in any infrastructure region offered by the selected Infrastructure Provider.

The Customer is solely responsible for determining the geographic location of deployed workloads and ensuring compliance with applicable laws.

The Provider retains all intellectual property rights in:

• myStack
• APIs
• Software
• Documentation
• Trademarks
• Platform functionality

The Customer retains all rights to Customer Data.

No ownership rights are transferred under this Agreement.

Fees for the Services are usage-based.

Charges may depend on:

• Service type
• Enabled features
• Managed resources
• Consumption metrics

Current pricing is published by the Provider and may be updated upon notice.

Infrastructure costs are not included in Provider fees. Infrastructure costs are billed directly by the Infrastructure Provider to the Customer.

Taxes shall be charged where required by law.

Term

This Agreement becomes effective upon Customer registration and acceptance of this Agreement. The Agreement shall remain in force on a month-to-month basis until terminated by either party.

Customer registration alone does not incur any fees. Charges are incurred only when the Customer provisions or consumes billable Services through the myStack platform.

Ordinary Termination

Either party may terminate this Agreement at any time with effect at the end of the current billing month. Termination may be submitted through the customer portal or in writing.

Suspension of Services

The Provider may suspend Services immediately if:

• Fees remain unpaid after reasonable notice;
• The Customer violates this Agreement;
• The Customer violates the Acceptable Use Policy;
• Continued operation presents security, operational, or legal risks.

Termination for Cause

Either party may terminate this Agreement immediately for material breach if such breach remains uncured for thirty (30) days after written notice.

Effect of Termination

Upon termination:

• Access to the Services may be discontinued;
• Customer remains responsible for exporting Customer Data;
• Outstanding fees remain payable;
• Customer resources hosted by third-party Infrastructure Providers remain subject to the Customer’s separate agreements with such providers.

Data Retention

Customer Data stored within the myStack Control Plane will be retained for up to thirty (30) days following termination unless otherwise required by law. After the retention period, such data may be permanently deleted.

Following termination:

• Customer may export available Customer Data for 30 days.
• Thereafter the Provider may permanently delete Customer Data.
• The Provider shall not be liable for Customer Data deleted after the retention period.

The Provider shall be liable without limitation for:

• Intentional misconduct
• Gross negligence
• Death or personal injury
• Liability required by mandatory law

For all other claims:

• The Provider’s aggregate liability shall not exceed the total fees paid by the Customer to the Provider during the twelve months preceding the event giving rise to liability.

The Provider shall not be liable for:

• Indirect damages
• Consequential damages
• Lost profits
• Lost business opportunities
• Data loss
• Business interruption

except where prohibited by law.

Neither party shall be liable for delays or failures caused by events beyond reasonable control, including:

• Natural disasters
• War
• Terrorism
• Labor disputes
• Internet outages
• Government actions
• Infrastructure provider failures

Each party shall protect confidential information received from the other party using reasonable care.

Confidential information shall not be disclosed to third parties except:

• As required by law
• To professional advisers
• To subcontractors bound by confidentiality obligations

These obligations survive termination for five years.

This Agreement shall be governed by the laws of Germany.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

Exclusive place of jurisdiction shall be the competent courts of Brandenburg, Germany, to the extent permitted by law.

This Agreement constitutes the entire agreement between the parties regarding the Services and supersedes all prior understandings.

Any amendments must be made in writing unless otherwise required by law.