General Terms and Conditions (Terms of Use) for PiPort

§ 1 Scope, provider, definitions

(1) These General Terms and Conditions (Terms) apply to all contracts for the use of the PiPort service between ELEVAYTE Online UG (haftungsbeschränkt), Rüdigerstraße 16, 40472 Düsseldorf, registered in the commercial register of the Local Court (Amtsgericht) Düsseldorf under HRB 110380, represented by its managing director Jonas Trettin, VAT ID: to follow, email: [email protected] ("PiPort", "we"), and its customers ("Customer", "you").

The service is operated on our behalf by ELEVAYTE Systems UG (haftungsbeschränkt), Rüdigerstraße 16, 40472 Düsseldorf, Local Court (Amtsgericht) Düsseldorf HRB 110384 ("Operator"). It provides servers, relay and software and delivers technical support. Your contracting party is exclusively ELEVAYTE Online UG; claims under the contract are directed against it alone. We are responsible for the Operator as for our own conduct (§ 278 BGB).

(2) A consumer is any natural person who concludes the contract for purposes that are predominantly outside their trade, business or self-employed profession (§ 13 BGB). A business is any natural or legal person or partnership with legal capacity that, when concluding the contract, acts in the exercise of its trade, business or self-employed profession (§ 14 BGB). Rules that apply to only one of these groups are marked as such.

(3) Deviating, conflicting or supplementary terms and conditions of businesses do not become part of the contract, even if we do not expressly object to them. In the event of conflicts, the following order of precedence applies: individual agreements (such as an offer for the Enterprise add-on), the service description, these Terms including the Fair Use Policy. In matters of data protection, the DPA takes precedence over the Terms.

(4) Definitions used in these Terms:

• Service: the PiPort platform with web dashboard, application programming interface (API), command-line program (CLI), agent and relay.
• Device: a computer of the Customer, typically a Raspberry Pi, on which the agent is installed and connected to an account.
• Agent: PiPort's software that runs on the device, maintains an outbound connection to the relay and reports device data to the Service.
• Relay: PiPort's servers that forward connections between the Customer (CLI or browser) and its devices.
• Organisation: the workspace in the Service to which devices, members, plan and, where applicable, the Enterprise add-on are assigned.
• Users: persons whom the Customer invites into its organisation.
• Plan: Free or a PRO bundle. The Enterprise add-on is an additional service that you can book with Free or with a PRO bundle; rules for the plan apply to the add-on accordingly unless otherwise provided.
• Billing month: the month starting on the billing date under § 7(2).
• Text form: a legible declaration on a durable medium (§ 126b BGB), e.g. an email. A message in the dashboard is sufficient only if you can save it unchanged as a file (e.g. PDF).

§ 2 PiPort's services

(1) PiPort enables remote access to and monitoring of devices over the internet, even if they are behind a router, a firewall or a mobile connection without a public IP address. The scope of functions depends on the booked plan and the service description valid at the time the contract is concluded at piport.io/pricing. It currently includes in particular:

• SSH and TCP forwarding via the relay (e.g. piport ssh, piport forward),
• a terminal in the browser,
• the display and history of device data (e.g. CPU load, temperature, memory, reachability),
• notifications, team features and, depending on the plan, API access.

(2) All connections between your computers, the relay and the agent are encrypted in transit (TLS). SSH sessions, including in the browser terminal, are additionally end-to-end encrypted between your client and the device; PiPort cannot read their content. For other TCP forwarding, end-to-end encryption depends on the protocol transmitted (e.g. HTTPS yes, unencrypted HTTP no). The relay only forwards this data as well and does not store or analyse its content. Passwords and private keys that you enter in the browser terminal do not leave your browser in readable form and are neither received nor stored by us.

(3) PiPort provides the Service as software-as-a-service over the internet. To use it, you need an internet connection, an up-to-date browser and devices with a supported operating system (currently Raspberry Pi OS, Debian and Ubuntu; details at piport.io/docs/install). You are responsible for the internet connection, power supply, hardware and operating system of your devices.

(4) PiPort is not a data backup tool. Device data is stored only for as long as the plan provides (retention period of the metrics according to the service description).

(5) Features that we expressly mark as "beta" or "preview" before activation are not part of the agreed scope of a bundle; we provide them in addition and at no extra charge. We may change or discontinue them with two weeks' notice; otherwise § 10 applies. Statutory rights of consumers, in particular under §§ 327 et seq. BGB, remain unaffected. If the Service is to deviate from the objective requirements towards consumers, we agree this separately and expressly before the contract is concluded (§ 327h BGB).

§ 3 Registration and conclusion of the contract

(1) You need an account to use the Service. When registering, you provide your name, email address and a password and confirm your email address. Your details must be true and complete; you update changes in the dashboard. You must be at least 18 years old when registering.

(2) The presentation of the plans on our website is not a binding offer. By completing the registration (button "Create account") you make an offer to conclude a contract of use for the Free plan. The contract is concluded when we activate your account, at the latest when your email address is confirmed.

(3) You book paid services in the dashboard. Before submitting, you see an overview of the booked services (PRO bundle, Enterprise add-on or both), billing month, total price and term, and can correct input errors. By clicking the button "Zahlungspflichtig bestellen" (order with obligation to pay) you make a binding offer. The contract is concluded when the payment has been authorised via our payment service provider and we confirm the booking in the dashboard or by email.

(4) You book the Enterprise add-on in the dashboard, with Free or with a PRO bundle; businesses can also book it on the basis of an individual offer. It is open to consumers and businesses. Booked with Free, use remains limited to private use under § 4(2).

(5) The contract language is German. We provide an English translation for information; in the event of discrepancies, the German version prevails. We do not store the contract text for each customer; you can retrieve and save these Terms at any time at piport.io/de/agb. You receive the confirmation under paragraph 3 by email on a durable medium (§ 312f(2) BGB). It contains the content of the contract (PRO bundle and/or Enterprise add-on, price, billing date, service description), these Terms with the Fair Use Policy, for businesses the DPA and for consumers the withdrawal information with the model withdrawal form, as well as the confirmation that you requested the service to begin early.

(6) Anyone who creates an account for a company warrants that they are authorised to do so. An account is personal; access credentials must not be shared. The team feature exists for further persons (§ 13(4)).

§ 4 Plans

(1) PiPort currently offers the following plans. Details of features and limits are in the service description, the limits for data traffic in the Fair Use Policy.

All prices are final prices including statutory VAT; for businesses the corresponding net prices apply (§ 5(1)).

(2) Free. The Free plan is free of charge and limited to one active device and the scope of functions described there; further devices are locked under paragraph 6. It is intended for private, non-commercial use only. For professional or commercial purposes, including testing, book a PRO bundle. If we find that Free is being used commercially, we ask you in text form to switch to a paid plan within 14 days; after that we may terminate the Free contract under § 7(1). One free account per person is intended; circumventing the device limit through several accounts or organisations is not permitted.

(3) PRO bundles. A PRO bundle contains a fixed number of devices, e.g. PRO5 up to five and PRO10 up to ten devices. All PRO bundles have the same scope of functions and differ only in the number of devices. You can actively use at most as many devices as your bundle contains; further devices are locked under paragraph 6. The price applies per bundle, regardless of how many slots you use.

(4) Enterprise add-on. With Free and with every PRO bundle you can book the Enterprise add-on, at a flat price of €19.99 per month (final price), regardless of the plan and the size of the bundle. It unlocks additional features, currently API keys for your own automations, the MCP server, a longer retention period and a finer measuring interval for device data (Fair Use Policy, section 4). The number of devices and the data volume continue to depend on the plan. Further features may be added later, such as single sign-on and sub-organisations for the Customer's customers; they apply from their activation and announcement in the service description. The add-on is billed monthly; booked with a PRO bundle, it ends at the latest with that bundle. An individual offer may provide otherwise.

(5) Changing the bundle and the add-on. The following applies:

• Larger bundle, adding the add-on: Switching to a larger PRO bundle and booking the Enterprise add-on take effect immediately. For the rest of the current billing month we charge the difference pro rata. You order as described in § 3(3); for consumers, § 8 applies.
• Smaller bundle, removing the add-on, Free: Switching to a smaller PRO bundle, cancelling the add-on and, for private use, switching to Free take effect at the end of the current billing month.
• Too many devices: If your organisation then has more devices than the new bundle or Free includes, the devices that are oldest by registration date remain active up to the new limit; the others are locked under paragraph 6, not deleted. We notify you by email 7 days before the change and name the devices that will be locked.
• End of the add-on: Its features cease. API keys are deactivated. Device data older than the retention period of your plan is deleted 30 days after the end of the add-on; until then you can export it under § 17(4).

(6) Devices above the quota. You can register more devices than your plan includes. Devices above the quota are locked: you see them in the dashboard with their online status, but there is no remote access (SSH, browser terminal, forwarding), no actions and no history of device data. This also applies after switching to a smaller bundle or to Free. The devices that are oldest by registration date are always active up to the quota; you cannot choose them yourself. To unlock a locked device, remove an active device or switch to a larger bundle; slots that become free go to the next-oldest locked devices. If a device is removed and registered again, it receives a new registration date. No history is created retrospectively for the period of the lock. We do not display device data already stored for a locked device; it expires with the retention period and can be exported until then under § 17(4). Locked devices cost nothing and remain registered until you remove them; there is no upper limit. This lock is not a measure taken because of a violation; § 15 applies to those.

§ 5 Prices and payment

(1) The prices shown in the dashboard when the contract is concluded apply. For consumers, all prices are final prices including statutory VAT. For businesses, the prices are exclusive of statutory VAT; for businesses in another EU member state with a valid VAT ID, the reverse-charge procedure applies.

(2) The fee for each billing month is due in advance.

(3) We process payments through the payment service provider Stripe (Stripe Payments Europe, Limited, 1 Grand Canal Street Lower, Dublin 2, Ireland). You see the available payment methods before ordering, currently credit card and SEPA direct debit as well as further payment methods offered through Stripe. Businesses with the Enterprise add-on can also pay by invoice with 14 days' payment terms. Payment data is processed by Stripe; we do not store full card or account numbers.

(4) You receive invoices electronically by email and in the customer portal. There you can also change the payment method and billing address.

(5) Failed payment. If a payment fails, we inform you by email and retry the collection within 14 days. During this period the Service remains fully usable. If the payment is still outstanding afterwards, we downgrade your organisation to the scope of functions of Free after a further reminder with a deadline of at least 7 days. Your data and device settings are retained; once the outstanding amounts are settled, we restore the booked plan. We may charge the costs actually incurred for a chargeback for which you are responsible. Further statutory rights remain unaffected.

(6) Towards businesses, the statutory rules on default of payment apply (§ 288 BGB). Businesses may only set off claims that are undisputed or have been finally established by a court.

§ 6 Price changes

(1) We may change the prices for ongoing paid contracts with effect for the future in order to pass on increased costs of providing the Service (in particular costs for data centre, data traffic, licences, payment processing and staff) or if taxes and levies change. What matters is the development of all cost types together: we offset increases in one cost type against decreases in others. If costs fall overall, we reduce the prices accordingly. An increase may not exceed the cost increase and may not serve to increase our profit.

(2) Consumers. We announce a price increase in text form at least 6 weeks before it takes effect, stating the old and new price, the reason and the date. The increase only takes effect if you expressly agree to it, for example by clicking in the dashboard. If you do not agree, the contract continues at the previous price; we may then terminate it with one month's notice to the end of a billing month. Your right to terminate under § 7 remains unaffected.

(3) Businesses. We announce a price increase in text form at least 6 weeks before it takes effect. You have a special right of termination as of the date it takes effect. If you do not terminate by then, the new price applies from that date; we point out this consequence in the announcement.

(4) If the statutory VAT rate changes, the final prices for consumers change accordingly from the date of the change; the consent model under paragraph 2 does not apply to this.

§ 7 Term and termination

(1) Free runs for an indefinite period. You can end it at any time without notice by deleting your account or your organisation in the dashboard. We may terminate it with one month's notice.

(2) Monthly term. All paid contracts (PRO bundles and Enterprise add-on) are billed monthly. They run for an indefinite period; billing is per billing month, counted from the day of the first booking (billing date). If the Enterprise add-on is booked with an existing PRO bundle, it takes over that bundle's billing date. You can terminate at any time to the end of the current billing month; the Service remains usable until then. We may terminate with three months' notice to the end of a billing month; § 11 remains unaffected.

(3) No minimum term. There are no annual contracts and no minimum term. You only ever pay the current billing month in advance; after the contract ends we charge nothing further.

(4) The right of both parties to extraordinary termination for good cause remains unaffected. Good cause exists for us in particular if, despite a warning, you seriously violate § 14 (prohibited uses) or are in default of payment of an amount equal to at least two monthly fees.

(5) Form and cancellation button. You can terminate via the button "Verträge hier kündigen" (cancel contracts here) in the dashboard and on our website at piport.io/kuendigen (§ 312k BGB), without having to sign in first. Termination is also possible in text form to [email protected]. After your confirmation via the button "Jetzt kündigen" (cancel now), we confirm every termination without undue delay in text form with its content, the date and time of receipt and the date on which the contract ends (§ 312k(4) BGB).

(6) Switching provider (Data Act). You can request at any time to switch to another provider of data processing services or to transfer your data to your own systems (Art. 23 et seq. Regulation (EU) 2023/2854, Data Act). The following applies:

• Initiation: You initiate the switch with a declaration in text form. Unless you state otherwise, it also counts as termination as of the end of the switch. The transition period begins no later than two months after receipt of the declaration, earlier on request. Your right to terminate to the end of the month under paragraph 2 remains unaffected.
• Transition period: At most 30 days; you can extend it once. The Service remains usable during this time and is billed at the previous price. If the switch is technically not possible within 30 days, we inform you of this with reasons within 14 working days and name another period of at most seven months.
• Support: We support you and third parties commissioned by you, such as the new provider, with reasonable effort, in particular through the export under § 17(4) and information on data formats and interfaces. A description of the export formats and interfaces is available at piport.io/docs/export. We inform you of known risks to the continuity of the Service during the switch and maintain the level of security.
• Data: The data listed exhaustively in § 17(4) can be exported; the exceptions are also stated there. After the end of the transition period you can still retrieve the data for at least 30 days; after that, § 17(5) applies.
• Completion: On completion of the switch the contract ends; we confirm this in text form.
• Costs: We do not charge switching fees.

(7) If a paid contract ends, we continue your organisation on the Free plan if you are a consumer, are allowed to use Free under § 4(2) and neither object nor delete the account; § 4(5) applies accordingly. In all other cases the procedure under § 17(5) (read-only mode, export, deletion) applies.

§ 8 Right of withdrawal for consumers

(1) Consumers have a statutory right of withdrawal for paid contracts. Details are in the withdrawal information (Annex 1); there you will also find the model withdrawal form.

(2) Early start. When booking, you can expressly request that we begin the service before the withdrawal period expires (checkbox in the ordering process). If you withdraw afterwards, you pay us a proportionate amount for the period up to the withdrawal (compensation for value, § 357a(2) BGB); we refund the rest. Without this request, paid features only begin after the withdrawal period has expired; the billing date and first payment then move to the day the service begins.

(3) Withdrawal function. You can also declare the withdrawal via the button "Vertrag widerrufen" (withdraw from contract) in the dashboard and at piport.io/widerrufen; the button is permanently available and easily accessible throughout the withdrawal period (§ 356a BGB). After confirmation via the button "Widerruf bestätigen" (confirm withdrawal), you receive without undue delay an acknowledgement of receipt on a durable medium with the content of your withdrawal and the date and time of receipt.

(4) The Free plan is free of charge; we only process your data there to the extent necessary to provide it. A right of withdrawal therefore exists only for paid plans.

§ 9 Availability

(1) Availability. We endeavour to keep the dashboard, API and relay available around the clock. We do not guarantee any particular availability; in Free, the PRO bundles and with the Enterprise add-on there is no SLA and there are no credits for downtime. Statutory rights of consumers in the event of defects (§§ 327 et seq. BGB) remain unaffected.

(2) Maintenance. We announce planned maintenance work carried out by the Operator under § 1(1) at least 48 hours in advance in the dashboard or on a status page and schedule it, where possible, between 22:00 and 06:00 (CET/CEST). We may carry out urgent work, for example to close a security vulnerability, without prior notice. Existing connections may be briefly interrupted; the agent then reconnects automatically.

(3) Disruptions beyond our control. We are not responsible for disruptions beyond our control, in particular disruptions of the internet connection, mobile network, power supply, hardware or software of your devices, public networks outside our data centres, force majeure and attacks by third parties (e.g. DDoS), provided we have taken appropriate protective measures. Your statutory rights in the event of defects, for example to a price reduction, remain unaffected; § 18 applies to damages.

(4) No availability commitment. Until further notice we do not offer a guaranteed availability (SLA) in any plan. If we introduce an SLA later, we will set it out in the service description or a separate agreement.

§ 10 Updates and changes to the Service

(1) Updates. We keep the Service up to date and provide updates that are necessary for function and security, including for the agent and the CLI. We inform you about such updates in the dashboard. If you do not install an update of the agent or the CLI within a reasonable period, we are not liable for defects that are solely due to this, provided we have informed you about the availability of the update and the consequences of failing to install it, and the failure to install or the improper installation is not due to defective installation instructions (§ 327f(2) BGB). We may, after notice, disconnect devices with an outdated agent version from the relay if the old version is a security risk.

(2) Changes. We may change the Service beyond what is necessary for the contract if there is a valid reason, in particular new technical developments, changed legal requirements, security reasons, changes at third-party providers or a change of the underlying technology. The change must be reasonable for you, taking our interests into account (§ 308 no. 4 BGB); it is free of charge for you, and we inform you about it clearly and comprehensibly.

(3) Consumers. If a change under paragraph 2 impairs your access to the Service or its usability more than insignificantly, we inform you at least 6 weeks in advance in text form about the characteristics and date of the change and about your right to terminate the contract free of charge within 30 days of receipt of the information or of the change, whichever is later (§ 327r BGB). We refund fees paid in advance for the period thereafter pro rata.

(4) Businesses. Changes under paragraph 2 are permitted to the extent they are reasonable for you. If an essential feature of the booked plan or add-on is removed, we announce this at least 6 weeks in advance; you can then terminate the contract as of the date of the change and receive fees paid in advance pro rata.

(5) Free. We may change the scope of functions and the limits of the Free plan for a valid reason under paragraph 2 with four weeks' notice. Statutory rights remain unaffected.

§ 11 Discontinuation of the Service

(1) We may permanently discontinue the Service as a whole, a plan, the Enterprise add-on or a region of the relay. We then terminate the affected contracts with at least three months' notice to the end of a month in text form.

(2) We refund fees paid in advance for the period after the end of the contract pro rata, within 14 days of the end of the contract, using the original payment method.

(3) The Service remains usable until the end of the contract. Up to 30 days afterwards you can export your data under § 17(4). In the termination notice we explain how to remove the agent from your devices and what alternatives exist for access.

(4) If we only discontinue individual features, § 10 applies.

§ 12 Changes to these Terms

(1) We may change these Terms with effect for the future if there is an objective reason, in particular changed laws or case law, new features, security requirements or closing an unintended gap in the rules. Prices are governed by § 6, changes to the service by § 10.

(2) We notify you of changes in text form at least 6 weeks before they take effect, with a comparison of the changed rules.

(3) Consumers. The change only takes effect if you agree to it, for example by clicking in the dashboard. If you do not agree, the previous Terms continue to apply; we may then terminate the contract with one month's notice to the end of a billing month. Changes that are exclusively to your advantage apply without consent.

(4) Businesses. The change is deemed accepted if you do not object in text form within 6 weeks of receipt of the notification. We point out the deadline and consequence in the notification. If you object, the previous Terms continue to apply; both parties may then terminate the contract as of the date the change was to take effect. This rule does not cover changes to the main services, the prices and the term, nor changes that significantly shift the balance between performance and consideration to your detriment; they only take effect with your express consent.

§ 13 Customer obligations

(1) Access credentials. Keep passwords, access tokens, API keys and enrollment tokens secret and use a secure password. If we offer two-factor sign-in, we strongly recommend using it. If an access credential has fallen into the wrong hands, revoke it immediately in the dashboard.

(2) Reporting misuse. Notify us without undue delay at [email protected] if you notice or suspect misuse of your account, an unauthorised connection to your devices or a security vulnerability in the Service.

(3) Authorisation. Only connect devices that belong to you or for which you have the owner's permission. If devices are used by other persons (such as employees or customers), inform them about the use of PiPort where required by law and obtain any necessary consent.

(4) Team. You decide whom you invite into your organisation and which role that person receives. You are responsible for your users in accordance with the statutory provisions, in particular § 278 BGB, insofar as they act for you when using the Service. Promptly revoke access for persons who are no longer authorised.

(5) Security of your devices. Via the relay you only reach the ports that you release for a device. Signing in on the device (e.g. sshd with user account, password or key) remains your security boundary. Keep the operating system, services and agent up to date and use secure credentials on the device.

(6) Data backup. Back up data on your devices yourself. PiPort does not store any content of your devices.

(7) Reachability. Keep your email address up to date. We send important notices (e.g. about prices, Terms, locks) to this address.

(8) Software. Only install the agent and CLI from PiPort's official sources. Do not modify them to circumvent plan limits or security features.

§ 14 Permitted use and prohibited uses

(1) You may only use PiPort within the law, these Terms and the Fair Use Policy. PiPort serves remote access to and monitoring of your own devices or devices you are authorised to manage.

(2) In particular, the following is prohibited:

1. accessing third-party systems without their permission, scanning third-party networks or ports, and attacking third-party systems;
2. distributing malware, operating botnets or command-and-control servers;
3. phishing, fraud, sending unsolicited advertising (spam) and impersonation;
4. operating publicly accessible open proxies, VPN exit nodes or anonymisation services for third parties, and reselling or subletting access to the relay (except within sub-organisations with the Enterprise add-on, once offered);
5. providing or transmitting unlawful content, in particular depictions of sexual abuse, content inciting hatred, or content that infringes copyright, trademark or personality rights;
6. monitoring persons without a legal basis, for example through screenshots, cameras or microphones on devices used by other persons;
7. denial-of-service attacks (DoS), deliberately overloading the relay, or mass data transfers that do not serve remote access (e.g. file sharing, public streaming, operating a content delivery network);
8. circumventing technical limits, the device limit of the Free plan (for example through several accounts) or security mechanisms, accessing data of other organisations;
9. decompiling or reverse engineering the Service, unless permitted under § 69e UrhG; security research is permitted within our responsible disclosure policy (piport.io/.well-known/security.txt);
10. use for systems whose failure endangers life or health (e.g. medical devices, control of vehicles or critical infrastructure installations) without a separate written agreement.

(3) This list is not exhaustive. Examples and limits for data traffic are in the Fair Use Policy.

§ 15 Measures in the event of violations, locking

(1) If we have concrete indications of a violation of § 14 or the Fair Use Policy, we may take appropriate measures. In ascending order these are: notice and request to remedy, throttling, locking individual forwards or ports, disconnecting individual devices from the relay, temporary locking of the organisation, extraordinary termination.

(2) We choose the mildest suitable means, taking into account the severity and duration of the violation, any fault and your legitimate interests, for example in keeping your other devices reachable. We do not review content without cause. We act on notices or on technical anomalies (e.g. unusual data traffic), some of which we detect automatically; a human decides on measures under paragraph 1.

(3) Before locking, we ask you in text form to stop the violation within a reasonable period. We may act immediately without prior request if there is imminent danger (e.g. an ongoing attack, distributed malware, a significant danger to the Service or third parties) or a statutory or official obligation exists. We then inform you without undue delay afterwards.

(4) We give reasons for every measure in text form: which measure, based on which facts, under which rule, with what scope and duration, and how you can object (Art. 17 of Regulation (EU) 2022/2065, Digital Services Act). We state whether we used automated means and point out further remedies, in particular recourse to the courts. We review your objection promptly. We lift the measure as soon as its reason ceases to apply.

(5) We accept notices from third parties about unlawful content or misuse at [email protected] and process them promptly and carefully. A notice should contain: an explanation of why the information is unlawful, the exact location (e.g. device name, host name, port or tunnel address), the name and email address of the person reporting (except for notices under Art. 16(2)(c) DSA) and a statement that the information is accurate and complete to the best of their knowledge. Please do not send any access credentials. The person reporting receives an acknowledgement of receipt and a notification of our decision (Art. 16 DSA).

(6) If you are responsible for a justified lock, your obligation to pay remains.

§ 16 Deletion of inactive Free accounts

(1) An account on the Free plan is considered inactive if nobody has signed in to the dashboard or with the CLI for 12 months and no device has been connected.

(2) We announce the deletion at least 30 days in advance by email and remind you again 7 days beforehand. If you sign in or a device connects, we do not delete.

(3) With the deletion, the contract for the Free plan ends. We delete the account, organisation, devices and device data; the agents' credentials become invalid.

(4) We do not delete accounts with a paid plan because of inactivity.

§ 17 Your data, data protection, data export

(1) Data that you and your devices bring into the Service remains your data. You grant us the rights we need to provide the Service (store, process, transmit, display). We use this data only to provide, bill and secure the Service and to prevent misuse. We may use aggregated and anonymised statistics without personal reference to improve the Service.

(2) How we process personal data is described in the privacy policy at piport.io/privacy.

(3) Where we process personal data on behalf of the Customer, the data processing agreement (DPA) applies. For businesses it becomes part of the contract when a PRO bundle is booked, regardless of the Enterprise add-on; consumers can conclude it in the dashboard if needed.

(4) Data export. During the term and the export period under paragraph 5, you can export the following data at any time via the dashboard or CLI in a common machine-readable format (CSV or JSON): organisation with settings; members with roles and open invitations; devices with names, groups, released ports and confirmed SSH host keys; device data and metrics within the retention period; reachability history; where available, alert rules, webhook targets and the audit log. Data that serves only the security of the Service or concerns PiPort's trade secrets or third-party rights cannot be exported, in particular password and token hashes, the relay's keys and internal server logs.

(5) Procedure at the end of the contract. If your organisation is not continued on the Free plan under § 7(7), the following applies:

1. Export period: Your organisation is kept in read-only mode for 30 days after the end of the contract so that you can export your data under paragraph 4. In the case of a provider switch under § 7(6), the export period only begins with the end of the transition period.
2. Deletion: After the export period we delete the data within 30 days. Backup copies are overwritten no later than 14 days thereafter.
3. Retention obligations: We block data that we are required by law to retain (e.g. invoices) and delete it once the period has expired.
4. Earlier deletion: You can request at any time that we delete earlier; the export period then no longer applies.

§ 18 Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, within the scope of a guarantee given, for fraudulently concealed defects, under the Product Liability Act and insofar as otherwise mandatorily required by law.

(2) In the case of slight negligence, we are only liable for breach of an essential contractual obligation, i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely. Liability is then limited to the foreseeable damage typical for the contract at the time the contract was concluded.

(3) Businesses. In the cases of paragraph 2, our liability is additionally limited in total per calendar year to the fees you paid in the twelve months before the event giving rise to the damage, but to at least €1,000.

(4) Free. On the free Free plan, outside paragraph 1 we are only liable for intent and gross negligence.

(5) Except in the cases of paragraph 1, we are liable for the loss of data only in the amount of the effort that would have been necessary for recovery if you had backed up the data regularly and appropriately. This applies only insofar as such a backup was possible and reasonable for you, for example via the export under § 17(4); otherwise § 254 BGB applies.

(6) You are responsible for the consequences of commands and actions that you or your users execute on devices via the Service (e.g. in the terminal or through a restart), unless the damage is due to an error of the Service.

(7) Paragraphs 1 to 6 also apply to the personal liability of our corporate bodies, employees and vicarious agents.

§ 19 Defects

(1) Consumers. In the event of defects, the statutory provisions apply (§§ 327 et seq. BGB). Please report defects to [email protected]; support is provided on our behalf by the Operator under § 1(1). Your rights do not depend on this.

(2) Businesses. Defects must be reported to us without undue delay in text form with a comprehensible description. We remedy them within a reasonable period, including by a reasonable workaround. If this fails, you may reduce the fee appropriately or terminate the contract extraordinarily. Strict liability for defects that already existed when the contract was concluded (§ 536a(1) alt. 1 BGB) is excluded. Claims for defects become time-barred after one year; this does not apply in the cases of § 18(1).

§ 20 Rights in PiPort, licence, feedback, references

(1) The holder of the rights in PiPort's software, agent, CLI and documentation is the Operator ELEVAYTE Systems UG; third-party rights, for example in open-source components, remain with their holders. We distribute the Service and are entitled to grant you the rights of use under paragraph 2.

(2) For the term of the contract you receive the simple, non-transferable and non-sublicensable right to use the Service and to install and operate the agent and CLI on your devices and computers, for your own purposes and, with the Enterprise add-on, for your sub-organisations. Open-source components are subject to their own licences, which take precedence; a list is available at piport.io/licenses.

(3) Feedback. We may use and implement suggestions and ideas that you send us about the Service free of charge and without limitation in time and space. We are not obliged to do so and owe no remuneration for it.

(4) References. We only name you or your company (name, logo) as a reference with your prior consent in text form. You can revoke the consent at any time with effect for the future.

§ 21 Trademark notices

Raspberry Pi is a trademark of Raspberry Pi Ltd. PiPort is an independent offering, developed and operated by ELEVAYTE Systems UG (haftungsbeschränkt) and distributed by ELEVAYTE Online UG (haftungsbeschränkt), and is not endorsed, reviewed or sponsored by Raspberry Pi Ltd. Debian is a registered trademark of Software in the Public Interest, Inc. Ubuntu is a registered trademark of Canonical Ltd. Linux is a registered trademark of Linus Torvalds.

§ 22 Communication, point of contact, dispute resolution

(1) We communicate with you by email to the address on file and via the dashboard.

(2) The single point of contact for users and authorities under Art. 11 and 12 DSA is [email protected]; you can write to us in German and English.

(3) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 23 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the state in which they have their habitual residence.

(2) If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contract is Düsseldorf. The same applies to businesses without a general place of jurisdiction in Germany. For consumers, the statutory places of jurisdiction apply, in particular Art. 17 to 19 of Regulation (EU) No 1215/2012. We may also sue you at your registered office.

(3) If we want to transfer the contract to another company, we notify you in text form at least 6 weeks in advance. You can then terminate the contract as of the date of the transfer; we refund fees paid in advance pro rata (§ 309 no. 10 BGB).

(4) If a provision of these Terms is invalid, the rest of the contract remains valid; § 306 BGB applies.

Annex 1 to the Terms: Withdrawal information and model withdrawal form

Withdrawal information

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period will expire after fourteen days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (ELEVAYTE Online UG (haftungsbeschränkt), Rüdigerstraße 16, 40472 Düsseldorf, email: [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory. You can also declare the withdrawal via the button "Vertrag widerrufen" (withdraw from contract), which is permanently available on our website and in the dashboard during the withdrawal period. After your confirmation via the button "Widerruf bestätigen" (confirm withdrawal), we will send you without undue delay on a durable medium (e.g. by email) an acknowledgement of receipt with the content of your withdrawal and the date and time of receipt.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

End of the withdrawal information

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

• To ELEVAYTE Online UG (haftungsbeschränkt), Rüdigerstraße 16, 40472 Düsseldorf, email: [email protected]
• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service: PiPort, PRO bundle ______ and/or Enterprise add-on
• Ordered on ______
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if this form is notified on paper)
• Date

(*) Delete as appropriate.