Platform Terms of Use for the b'nerd Cloud Platform

Version date: 2026-06-27

1. Scope, Contracting Parties and Incorporation

(1) These Terms of Use govern access to and use of the self-service cloud platform of b'nerd GmbH IT & Cloud Operations, Sillemstraße 76a, 20257 Hamburg, Germany ("b'nerd"), via the b'nerd console, the command-line interface (CLI) and the application programming interface (API) (together, the "Platform"). (2) The Platform is directed exclusively at entrepreneurs within the meaning of section 14 of the German Civil Code (BGB) as well as legal entities under public law and special funds under public law. Use by consumers within the meaning of section 13 BGB is excluded. (3) These Terms of Use are incorporated by the user's express consent (online acceptance / click-accept) prior to first access or prior to the provisioning of resources. b'nerd may record the time and version of such consent. (4) These Terms of Use supplement the General Terms and Conditions in force between b'nerd and the Contracting Party (the "GTC") and the Acceptable Use Policy (AUP) referenced therein. They do not create independent commercial claims.

2. Definitions

(1) "Contracting Party" means the company that has concluded the underlying contract (order document together with the GTC) with b'nerd. (2) "User" (operator) means the natural person who actually operates the Platform via the console, CLI or API. (3) In all other respects, the definitions of the GTC apply.

3. Relationship to the GTC and Order Document (Order of Precedence)

(1) Commercial and contractual matters (in particular scope of services, remuneration and consumption-based billing, term, service levels, liability) are governed exclusively by the order document and the GTC. (2) These Terms of Use govern solely access to and use of the Platform. In the event of conflict, the order document and the GTC prevail for commercial and contractual matters; these Terms of Use apply to technical use and user conduct.

4. Online Acceptance and Binding Effect on the User

(1) By accepting online, the User acknowledges these Terms of Use, including the incorporated AUP, as binding on the User's actions on the Platform. (2) The User warrants that the User is entitled and authorised to use the Platform on behalf of the Contracting Party. (3) The contractual obligations of the Contracting Party under the order document and the GTC remain unaffected. The User's conduct is attributed to the Contracting Party in accordance with statutory provisions.

5. Account, Credentials and Keys

(1) The User keeps credentials, tokens, keys and secrets confidential, protects them against access by third parties and does not share them. Where multi-factor authentication is provided, it must be used. (2) The User is responsible for all actions carried out via the User's access. The User shall notify b'nerd without undue delay in text form of any suspected misuse or compromise. (3) Responsibility for the User's own user and rights management is governed by section A.2 of the GTC.

6. Use via Console, CLI and API

(1) The Platform may be used solely within the intended operating model and the functions made available. (2) Use of the API is subject to the applicable technical documentation, including any rate limits. Circumventing, defeating or overloading security, quota or operational mechanisms is not permitted.

7. Acceptable Use

(1) The User complies with the Acceptable Use Policy (AUP) as set out in the separate section of the GTC. (2) The Contracting Party is responsible for the content stored and processed via the Platform; the User refrains from any use that violates the AUP.

8. Fair Use and Quotas

Quotas and the fair use of the shared Platform are governed by section A.7 of the GTC. b'nerd may take proportionate measures in the event of use that endangers the Platform or is abusive.

9. Allocation of Responsibility

The allocation of responsibility between b'nerd and the Contracting Party is governed by the shared-responsibility model under section A.3 of the GTC. The User is responsible in particular for the resources provisioned by the User, their configuration and the associated data and access means.

10. Blocking and Suspension

b'nerd may block or restrict access or individual resources in accordance with the AUP and section A.7 of the GTC, in particular in the event of breaches of these Terms of Use or the AUP, or in the event of an imminent threat to the Platform, third parties or security. b'nerd will give notice without undue delay and will lift the measure as soon as the cause has ceased.

11. Data Protection

(1) Information on the processing of personal data in connection with use of the Platform is set out in b'nerd's privacy policy (https://bnerd.com/en/privacy). (2) Where b'nerd processes personal data on behalf of the Contracting Party, the data processing agreement pursuant to Article 28 GDPR (AVV annex) applies in accordance with section 11 of the GTC.

12. Amendments, Governing Law, Jurisdiction and Final Provisions

(1) b'nerd may amend these Terms of Use with effect for the future; the amended terms will be presented for renewed acceptance upon the next use. The ratio of performance and consideration is not affected. (2) These Terms of Use are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). (3) The exclusive place of jurisdiction is b'nerd's registered seat, provided that the Contracting Party is a merchant, a legal entity under public law or a special fund under public law; b'nerd is additionally entitled to bring proceedings at the Contracting Party's general place of jurisdiction. (4) Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected; statutory provisions shall take the place of any invalid provision. (5) These Terms of Use are provided in German and English. The German version shall prevail.