1. Scope of Application

(1) These Terms and Conditions ("T&C") apply to all contracts for the use of the hosting service for the IAM software Keycloak, provided by [Your Company Name], [Legal Form], [Address] (hereinafter referred to as the "Provider") as a Software-as-a-Service (SaaS) solution via the website [Your Domain].

(2) These T&C apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law, unless expressly agreed otherwise.

(3) Deviating, conflicting, or supplementary terms and conditions of the customer shall only become part of the contract if their validity has been expressly agreed to in writing.

2. Subject Matter of the Contract

(1) The subject matter of the contract is the temporary provision and operation of the open-source software Keycloak as a hosted SaaS solution, including the necessary system resources.

(2) The Provider grants the customer access to one or more Keycloak instances via the internet. The software is not provided for local installation.

(3) The specific scope of services (e.g. number of instances, users, storage capacity, support services, service levels) is defined in the respective service description on the website or in an individual agreement.

3. Conclusion of Contract

(1) The presentation of services on the website does not constitute a legally binding offer, but an invitation for the customer to submit an offer.

(2) The contract is concluded when the Provider expressly accepts the customer's order or activates the hosting service.

4. Services Provided by the Provider

(1) The Provider guarantees an average annual availability of the hosting service of [e.g. 99.5%], based on the calendar year. Scheduled maintenance periods and events of force majeure are excluded.

(2) The Provider is entitled to further develop, modify, or adapt the service, provided this is reasonable for the customer and does not materially impair the contractual purpose.

(3) Regular data backups are performed in accordance with the service description. The customer is nevertheless advised to perform their own regular data backups.

5. Obligations of the Customer

(1) The customer must keep access credentials confidential and protect them from unauthorized third-party access.

(2) The customer is solely responsible for all content, data, and configurations processed or stored within the hosting service.

(3) The customer agrees not to misuse the service, in particular not to process unlawful content or circumvent security mechanisms.

6. Rights of Use

(1) The Provider grants the customer a non-exclusive, non-transferable right to use the hosting service in accordance with the contract for the duration of the agreement.

(2) Keycloak is open-source software. The applicable open-source license terms apply in addition and are not restricted by these T&C.

7. Fees and Payment Terms

(1) Use of the hosting service is subject to a fee unless a free plan has been expressly agreed.

(2) Prices are based on the current price list published on the website or the individual agreement and are exclusive of statutory value-added tax (VAT).

(3) Invoices are due for payment within [e.g. 14] days from the invoice date without deduction.

8. Liability

(1) The Provider shall be liable without limitation in cases of intent or gross negligence and for damages resulting from injury to life, body, or health.

(2) In cases of slight negligence, the Provider shall only be liable for breaches of essential contractual obligations (cardinal obligations) and limited to the foreseeable, contract-typical damage.

(3) Liability for data loss is limited to the typical restoration effort that would have been required had the customer performed proper and regular data backups.

9. Data Protection

(1) The Provider processes personal data of the customer exclusively in accordance with applicable data protection laws, in particular the GDPR.

(2) If the Provider processes personal data on behalf of the customer, a separate Data Processing Agreement (DPA) shall be concluded.

10. Term and Termination

(1) The contract term is determined by the agreed service plan.

(2) The right to extraordinary termination for cause remains unaffected.

(3) After termination of the contract, the Provider is entitled to delete the customer's data after an appropriate retention period, unless statutory retention obligations apply.

11. Amendments to the T&C

(1) The Provider is entitled to amend these T&C for valid reasons, provided that the customer is not unreasonably disadvantaged.

(2) Amendments will be communicated to the customer in due time. If the customer does not object within [e.g. 4 weeks], the amendments shall be deemed accepted.

12. Final Provisions

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of jurisdiction for all disputes arising from this contract shall be the Provider's registered office, provided the customer is a merchant.

(3) Should individual provisions of these T&C be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.