Translation note: This English version is a translation of the German General Terms and Conditions of Datalix and is provided for the convenience of customers. The German version is legally binding. In the event of any discrepancy between the German and the English version, the German version shall prevail.
As of: 22 June 2026
Datalix stands for fair prices, honest service and a transparent contractual relationship. These Terms set out the rights and obligations of the Provider and the customer as clearly and understandably as possible.
1.1 These General Terms and Conditions ("GTC") apply to all contracts that a customer concludes with the Provider regarding the services presented on the Provider's website. The Provider is Florian Kolb, trading as "Datalix", Theodor-Heuss-Straße 1, 97230 Estenfeld, Germany (the "Provider"). The inclusion of the customer's own terms is hereby objected to, unless expressly agreed otherwise.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly can be attributed neither to their commercial nor to their self-employed professional activity (Section 13 of the German Civil Code (BGB)).
1.3 A business customer within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity (Section 14 BGB).
1.4 For the purposes of these GTC, three customer groups are distinguished:
a) consumers whose habitual residence is in the European Union or the European Economic Area (the "EU/EEA consumers");
b) consumers whose habitual residence is outside the European Union and the European Economic Area (the "Non-EU/EEA consumers");
c) business customers.
The special provisions applicable to the respective group result from Sections 11 to 13. In all other respects, Sections 1 to 10 and 14 to 17 apply to all customers.
1.5 Decisive for the classification under Section 1.4 is the customer's actual habitual residence and their actual status as a consumer or business customer, not the country selected during the order process. By placing an order, the customer warrants that their information regarding residence and status is correct. The Provider is entitled to verify this information and to request suitable evidence for this purpose. Until this has been clarified, the Provider may withhold the provision of the service or a refund and treats the customer in accordance with the actual circumstances known to it.
1.6 The conclusion of a contract requires the creation of a password-protected customer account. An order without a customer account (guest order) is not possible.
1.7 Transfer of contract. The Provider intends to transfer its business operations in the future to Datalix GmbH, Mergenthalerallee 73-75, 65760 Eschborn, Germany, registered in the commercial register of the Local Court (Amtsgericht) of Frankfurt am Main under HRB 143678. The customer already now consents to their contract being transferred to Datalix GmbH in the course of this transfer. Price, term and scope of services remain unchanged. The Provider will inform the customer of the change in good time in advance in text form.
2.1 The Provider provides services for making content accessible via the internet as well as related hosting, server and storage services. The precise scope results from the Provider's respective service description at the time of the order.
2.2 Where system resources on a server are made available to the customer, the Provider's services in the transmission of data are limited to the data communication between the handover point of the Provider's own data communication network to the internet, operated by the Provider, and the server provided to the customer. The Provider cannot influence, and does not owe, data traffic outside its own communication network.
2.3 The service is offered subject to availability. Availability of 100 percent is technically not achievable. In particular, maintenance, security or capacity matters as well as events outside the Provider's control (disruptions of public communication networks and the like) may lead to disruptions or to the temporary shutdown of the service.
2.4 The Provider provides the services with an overall availability of 99.2% on a monthly average, calculated on the basis of the total time available in the respective calendar month. The following do not count as downtime:
a) announced or scheduled maintenance work;
b) periods during which the service is unusable or only usable to a limited extent for reasons within the customer's sphere, for example due to software used by the customer, misconfigurations, content or attacks directed against the customer;
c) periods attributable to events outside the Provider's control, for example disruptions of public communication networks or force majeure;
d) impairments resulting from DDoS attacks; any DDoS protection is provided on a best-effort basis and without any guarantee of defense in the individual case.
The Provider carries out maintenance work, where possible, during off-peak times.
2.5 The Provider is entitled to adapt the hardware and software used to provide the services to the state of the art. If this results in additional requirements for the content stored by the customer, the Provider informs the customer thereof in good time. If the customer does not respond in time or refuses the adaptation, the Provider may terminate the contractual relationship as of the date of the changeover.
3.1 The Provider may change or adapt the services offered insofar as this is reasonable for the customer, taking into account the customer's legitimate interests, and the contractually agreed main scope of services is not significantly altered to the customer's disadvantage, in particular in order to adapt the services to technical developments. If the agreed scope of services is significantly altered to the customer's disadvantage during a period already paid for, the customer may terminate the contract with immediate effect; an amount attributable to the period no longer provided thereafter is refunded on a pro rata basis.
3.2 Irrespective of this, the Provider is entitled to make changes insofar as it is obliged to do so due to a change in the legal situation, insofar as it complies with a court judgment directed against it or an official decision, insofar as the change is necessary to close security gaps, where the change is merely beneficial for the customer, or where it is of a purely technical or procedural nature without material effects for the customer.
3.3 Changes with merely insignificant effect, in particular of a purely graphical nature or the mere change of the arrangement of functions, do not constitute changes to services within the meaning of this Section.
4.1 The presentation of the services on the website is not a binding offer but an invitation to the customer to submit an offer.
4.2 During the order process, the customer selects the desired product and term, enters their data, confirms the required declarations and submits a binding offer by clicking the order button.
4.3 The contract is concluded upon acceptance by the Provider. Acceptance takes place through the provision of the service; in the case of a payment method that is triggered upon completion of the order process, acceptance is deemed to take place already upon clicking the order button. Ordering and provisioning take place automatically; the service is generally provided immediately, and the Provider sends the customer an order confirmation. In exceptional cases, provisioning may be delayed; the relevant provisioning time is stated for the respective service on the website or communicated to the customer via an electronic means of communication (e.g. by ticket).
4.4 Provisioning generally takes place immediately. For this purpose, during the order process the customer expressly requests, by means of a separate, active declaration, that the Provider begin performance before the expiry of any withdrawal period. For EU/EEA consumers, the following applies: the right of withdrawal remains in place. If the consumer withdraws within the period, they pay only for the period already used (pro rata compensation for value) and are refunded the remaining portion. The details result from Section 11.
4.5 Only German is available for the conclusion of the contract. The Provider confirms the contract to the customer with the order confirmation on a durable medium, in particular by email. These GTC and the withdrawal instructions are available on the website and in the customer account.
4.6 Order processing and contact are generally carried out by email and automated order processing. The customer ensures that the email address provided is correct and that messages from the Provider can be received.
4.7 The Provider is not obliged to accept an offer and may reject an order, in particular if there are objective indications of misuse or incorrect information (Section 1.5), if the customer has breached these GTC in the past or if the data provided is listed on a blocklist. If the contract has already been concluded, in particular in the case of a payment triggered upon completion of the order process, the Provider may withdraw from the contract within five days of conclusion of the contract if, after conclusion of the contract, objective indications of misuse, incorrect information, circumvention of blocks, payment risks, breaches of these GTC or security risks become known. Any payment already made is refunded in the event of rejection or withdrawal. There is no entitlement to the conclusion of a contract.
4.8 Contracts may also be concluded outside the standardized order process, in particular at the customer's request via a ticket. In that case, the customer agrees to these GTC within the ticket.
5.1 Unless otherwise stated in the service description, the prices stated are total prices including the applicable statutory value added tax. Value added tax is determined in accordance with the statutory requirements; for business customers and for customers outside the EU, a different value added tax treatment may apply.
5.2 The respectively available payment methods are communicated to the customer during the order process and on the website. They are not listed in these GTC; decisive are the payment methods offered during the order process. The Provider may expand or restrict the range of payment methods, including the accepted cryptocurrencies, at any time.
5.3 Remuneration is to be paid in advance for the respectively selected service period (prepaid). The service is provided only after receipt of payment or after a sufficient account credit has been debited.
5.4 Account credit. The customer may top up their customer account with credit and use it to pay for the Provider's services. The credit is a closed means of payment redeemable exclusively with the Provider and does not constitute a tradable or transferable asset. Credit topped up by the customer and not yet used is refunded to the EU/EEA consumer upon request (subject to Section 5.6). Any bonus, promotional or starting credit granted by the Provider without a corresponding payment by the customer is excluded from a refund. Claims for the payout of credit become time-barred in accordance with the statutory provisions, regularly within three years as of the end of the respective calendar year. If the Provider is unable to provide an ordered service, for example because a product is unavailable or sold out, any credit used for this purpose is refunded. For Non-EU/EEA consumers, Section 12 applies.
5.5 Payment with cryptocurrencies. Payment with cryptocurrencies is made by topping up the account credit. All services are priced in euros. If payment is made with a cryptocurrency, processing takes place via a payment service provider; decisive is the euro amount at the time of payment. Any refund is made exclusively in the cryptocurrency originally used to the originating wallet, namely at the crypto equivalent of the euro amount to be refunded at the time of the refund. A payout to a bank account or to a wallet other than the originating wallet is excluded.
5.6 Refunds. Refunds are made exclusively via the same means of payment and to the same payment source (in particular the same account or the same wallet) that the customer used for the original payment. For payments made with PaySafeCard that cannot be refunded by the same means, a refund is made by SEPA transfer to a bank account held in the name of the customer or account holder. The Provider is entitled to verify the validity of the claim and the customer's information before making a refund.
6.1 The contract is concluded without a minimum term for the respectively selected service period paid in advance. There is no commitment beyond the period paid for.
6.2 The contract does not renew automatically. A renewal for a further period generally requires an active renewal action by the customer; an existing account credit is not automatically used for this purpose. The customer may activate automatic renewal in their customer account. If this is activated, the service renews automatically in each case. If an automatic renewal fails, for example due to insufficient funds or for technical reasons, the Provider informs the customer. The customer may then still carry out the renewal manually within the grace period (Section 6.3) or contact support. An activated automatic renewal may be deactivated at any time with effect from the end of the current period.
6.3 If the service is not actively renewed in time, it ends upon expiry of the period paid for. The Provider suspends the service upon expiry of the period; the associated data and content are subsequently permanently deleted after the expiry of a grace period of three days. By way of derogation, dedicated servers are deleted as early as two days after expiry of the period. In the case of colocation, the Provider may cut off the connection and the power supply as early as two days after the overdue date arises. The Provider informs the customer by email about the expiry of the service and the time of deletion.
6.4 An ordinary termination is not required in the absence of a minimum term; the customer may end the contract at any time as of the end of the respectively paid period by not renewing. There is no pro rata refund of the remuneration already paid for the current period; the right of withdrawal of EU/EEA consumers under Section 11 remains unaffected.
6.5 The right to extraordinary termination for good cause remains unaffected for both parties. Terminations must be made in text form (e.g. by email) or via a function provided for this purpose in the customer account.
6.6 The customer alone is responsible for backing up their content (Section 9). The Provider is not obliged to hand over or retain content after the end of the contractual relationship; the data is deleted in accordance with Section 6.3. In individual cases, the Provider may, at its own discretion, grant the customer a brief opportunity to back up important data, without any entitlement thereto. Any rights of retention of the Provider remain unaffected.
7.1 The customer grants the Provider the right to make the content stored by the customer on the server accessible when accessed via the internet, in particular to reproduce and transmit it for this purpose and to reproduce it for the purpose of data backup. The customer checks on their own responsibility whether the processing of personal data carried out by them meets data protection requirements.
7.2 The customer uses the services in accordance with applicable law, in particular the law of the European Union and the Federal Republic of Germany, and does not store any content that is unlawful thereunder or infringes the rights of third parties. The customer refrains from any misuse. If an impairment of the Provider's network or IP address ranges originates from the customer's service, for example because the service has been compromised, the customer remedies this without delay upon becoming aware of it; the Provider's protective measures under Section 7.9 remain unaffected, whereby the Provider seeks to clarify the incident together with the customer where possible. Programs or scripts installed by the customer must not endanger the operation of the server or of the Provider's network or the security and integrity of other data. The operation of Tor services is permitted only with the prior approval of the Provider; a corresponding request must be made via support.
7.3 The customer indemnifies the Provider against all claims that third parties assert due to an infringement of their rights resulting from the content stored by the customer, including reasonable costs of legal defense. This does not apply insofar as the customer is not responsible for the infringement. In the event of a claim, the customer supports the Provider without delay, truthfully and completely.
7.4 In the event of imminent or actual infringements as well as claims by third parties that are not obviously unfounded, the Provider is entitled to temporarily suspend, in whole or in part, the connection of the affected content to the internet, taking into account the customer's legitimate interests. The Provider informs the customer without delay.
7.5 If programs or scripts used by the customer endanger the operation or security, the Provider may, for products with an environment managed by the Provider (e.g. webspace), deactivate or remove the programs or scripts in question. For all products, the Provider may, where necessary, disconnect the affected service from the network. The Provider informs the customer without delay.
7.6 The customer sets the access data for their customer account themselves. They keep this confidential, do not pass it on to unauthorized persons and are responsible for actions carried out via their customer account.
7.7 Use of shared resources. Several products are operated in an environment with shared resources, in particular VPS, webspace, game servers and object storage. The customer uses shared resources in such a way that the operation for other customers is not significantly and permanently impaired. For VPS and comparable products, this concerns in particular the shared CPU performance and the hard disk input and output (disk I/O); in particular, the customer does not permanently use a shared CPU core in such a way that it effectively takes on the function of a dedicatedly assigned core. For object storage, this concerns in particular the number and frequency of requests and the load generated thereby. If a use significantly impairs operations, the Provider examines any measures on a case-by-case basis and may, where necessary, appropriately limit the service in question. Quotas specified in the service description, in particular regarding data traffic, remain unaffected and take precedence. This Section does not apply to products with dedicatedly assigned resources.
7.8 Impermissible use. Prohibited are in particular the sending of unsolicited bulk emails (spam), the distribution of malware, attacks on networks or systems (e.g. DoS and DDoS attacks, port scans, brute-force attempts), actions that endanger the security or integrity of the Provider's network or of third parties, as well as any unlawful use.
7.9 Measures in the event of breaches. In the event of a breach of Sections 7.1 to 7.8 or of a danger originating from the customer's service, the Provider is entitled to throttle, restrict or suspend the affected service or to terminate the contractual relationship for good cause. In serious cases, in particular in the event of intentional misuse or of danger to the infrastructure, the network or third parties, this may be done with immediate effect and without prior notice. The Provider endeavors to clarify complaints in dialogue with the customer and may release a suspended service again as soon as the cause has been remedied. The Provider informs the customer without delay. Insofar as the Provider incurs damage as a result of a breach for which the customer is responsible, claims for damages remain unaffected; the Provider may set them off against any refund or credit claims of the customer.
8.1 The Provider is liable without limitation under all contractual, quasi-contractual and statutory claims, including in tort, for damages and reimbursement of expenses in the event of intent or gross negligence, in the event of the intentional or negligent injury to life, body or health, on the basis of a guarantee promise, unless otherwise provided, and on the basis of mandatory liability, for example under the Product Liability Act.
8.2 If the Provider negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies under Section 8.1. Material contractual obligations are those whose fulfillment is what makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely.
8.3 In all other respects, liability is excluded.
8.4 The above provisions also apply to the Provider's liability for its vicarious agents and legal representatives.
8.5 For the loss of data, the Provider is liable only to the extent that would have been incurred to restore the data even with proper and regular data backup by the customer (Section 9). In all other respects, the above liability provisions apply.
9.1 The Provider does not create guaranteed backup copies of customer content. For selected products, the customer can manually create backups via the backup system provided in the customer interface in the overview of the respective service. The Provider assumes no warranty for the integrity or recoverability of backups; liability is governed by Section 8. The customer is required to always create and maintain sufficient backup copies of their own and not to store data exclusively on the Provider's servers. In the event of data loss, the customer is required to re-import the affected data from their backup copies free of charge. The Provider makes reasonable efforts within its means to preserve the data.
9.2 Redundancy. Where the Provider stores data redundantly across multiple systems within a single location for individual products, in particular storage products such as object storage, this serves availability and protection against the failure of individual hardware components. Redundancy does not replace data backups by the customer and in particular does not protect against accidental or malicious deletion, overwriting, misconfiguration, software errors or compromised access credentials. Data is not stored in geographically separate locations unless the service description provides otherwise. Statements regarding redundancy and the technology used are service descriptions and do not constitute guarantees in the legal sense. Sections 8.5 and 9.1 apply to all products, including storage products.
10.1 With respect to business customers, the Provider reserves the right to amend these GTC at any time without giving reasons, unless this is unreasonable for the customer. The Provider notifies the customer in good time in text form. If the customer does not object within four weeks of the notification, the amended GTC are deemed to be accepted. The right of objection and the significance of the period are pointed out in the notification. If the customer objects in time, the contractual relationship continues on the previous terms.
10.2 With respect to consumers, an amendment of these GTC is only possible in accordance with the statutory requirements and with the customer's consent or within the framework of a legally permissible amendment mechanism. In addition, the Provider reserves the right to make amendments insofar as it is obliged to do so due to a change in the legal situation, a court judgment or an official decision, insofar as it introduces new services without adversely altering the existing usage relationship, where the amendment is merely beneficial or is of a purely technical or procedural nature and has no material effects.
10.3 The customer's right of termination remains unaffected.
11.1 EU/EEA consumers have a statutory right of withdrawal. The details and the conditions decisive for the start of the period result from the Provider's separately provided withdrawal instructions.
11.2 In addition to the means stated in the withdrawal instructions, the EU/EEA consumer may declare the withdrawal via a withdrawal function that is permanently available and prominently placed in their customer account. After confirmation of the withdrawal via this function, the Provider communicates to the consumer without delay a confirmation of receipt of the withdrawal on a durable medium. This confirmation documents only the receipt of the declaration and makes no statement about the effectiveness of the withdrawal. The Provider is entitled to verify the validity of the withdrawal and the customer's information within the refund period.
11.3 If the consumer has expressly requested that performance begin during the withdrawal period (Section 4.4) and withdraws from the contract, they owe compensation for the value of the service already provided up to the time of the withdrawal. The compensation for value is calculated on a pro rata basis according to the ratio of the service already provided to the total scope of the service contractually provided for (proportionate to the time of the booked period). The Provider is entitled to set off a corresponding claim for compensation for value against the consumer's refund claim.
11.4 The right of withdrawal expires, in the case of a contract for the provision of services, if the Provider has fully performed the service and only began performance after the consumer had given their express consent thereto and at the same time confirmed their awareness that they would lose their right of withdrawal upon full performance of the contract.
11.5 Refunds to the EU/EEA consumer are made without delay, at the latest within 14 days of receipt of the declaration of withdrawal, via the same means of payment and to the same payment source (Sections 5.5, 5.6), less any compensation for value under Section 11.3.
12.1 Non-EU/EEA consumers are not entitled to the statutory EU/EEA right of withdrawal regulated in Section 11. A contractual right of withdrawal or return is not granted.
12.2 For Non-EU/EEA consumers, payments already made as well as topped-up account credit are non-refundable insofar as the service owed has been provided, or stands ready to be provided, in accordance with the contract. A refund is made only insofar as the Provider does not provide a service owed or mandatory statutory provisions require a refund in the individual case.
12.3 Insofar as the Provider makes a refund in an individual case, it is made exclusively to the originating payment source in accordance with Sections 5.5 and 5.6.
12.4 In all other respects, Sections 1 to 10 and 14 to 17 apply to Non-EU/EEA consumers.
13.1 Business customers are not entitled to a right of withdrawal.
13.2 The Provider is entitled to request suitable evidence of its status as a business customer before or after conclusion of the contract (e.g. VAT identification number or commercial register entry). Until this has been clarified, the Provider may provisionally treat the customer as a consumer.
13.3 Section 10.1 applies to the amendment of these GTC with respect to business customers.
13.4 Insofar as the customer is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is the Provider's registered office. The Provider is also entitled to bring an action at the customer's general place of jurisdiction.
14.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
14.2 For EU/EEA consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the State in which the consumer has their habitual residence is not thereby withdrawn.
14.3 For Non-EU/EEA consumers, German law applies; any further mandatory consumer protection of the EU or the EEA is not granted insofar as the Provider does not specifically direct its activity to the consumer's State of residence.
14.4 The place of jurisdiction for business customers results from Section 13.4.
15.1 The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer dispute resolution body.
16.1 The Provider provides hosting services within the meaning of Regulation (EU) 2022/2065 (Digital Services Act). There is no general obligation to monitor the content stored by the customer.
16.2 Any person or entity may report to the Provider content that they consider to be unlawful via the reporting option provided on the website (notice and action procedure) as well as at abuse@datalix.de. The Provider examines incoming reports in a timely, diligent and non-arbitrary manner and takes suitable measures where necessary.
16.3 If the Provider restricts a service or content on account of unlawful content or a breach of these GTC, in particular by removing, suspending or disabling it, it informs the affected customer thereof and communicates the reasons for the decision, insofar as there are no legal obstacles to this.
16.4 The contact points for authorities and for users within the meaning of Articles 11 and 12 of Regulation (EU) 2022/2065 are stated on the Provider's website.
17.1 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.
17.2 Unless otherwise stipulated in these GTC, declarations within the framework of the contractual relationship must be made in text form.
