1. Contracting Party and Scope
These Terms and Conditions apply to all backup-storage services (“toptip cloud Backup”) provided by:
Galaxy GmbH
Managing Director: Dirk Helmut Anschütz
Hohenzollernring 57, 50672 Cologne, Germany
E-mail: mail@galaxy-gmbh-service.de
Additional contact address: galaxy@toptip.net
Commercial Register: Amtsgericht Köln · HRB 33730
VAT ID: DE210875751
Conflicting customer terms do not apply unless expressly agreed.
These Terms apply to both consumers and business customers unless stated otherwise.
2. Service Description
(1) TopTip Drive is a personal cloud storage service with a web-based interface and server-side storage operated in German data centers. Each user receives a logically separated storage area.
(2) Access to stored data is possible via web interface as well as synchronization software and mobile apps. There is no entitlement to specific features, apps, or visual elements.
(3) Data is stored on redundant storage systems (e.g. RAID arrays) to increase resilience against hardware failures. RAID systems do not constitute a backup and do not replace independent data backups by the customer.
(4) Synchronization software and apps may be provided by third parties. The provider assumes no responsibility for their functionality, compatibility, or long-term availability.
(5) The customer remains responsible for maintaining their own data backups. TopTip Drive is not a backup service.
3. Fair-Use Policy
A fair use limit of 10 TB data transfer per month applies.
If exceeded, the provider may:
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reduce transfer speed
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offer an upgrade
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or restrict usage
Abusive usage such as public downloads, streaming, or mass distribution is prohibited.
4. Customer Responsibilities
The customer is solely responsible for:
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the content, legality, and security of all stored data,
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encrypting sensitive or personal data,
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keeping login credentials confidential and secure.
Prohibited are:
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illegal, harmful, or copyright-infringing data,
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malware, spam or botnet activities,
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extremist, violent, or youth-endangering content,
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public file distribution or making files accessible to large audiences.
Galaxy GmbH assumes no responsibility for the accuracy, integrity, or recoverability of stored data.
5. Availability and Maintenance
Services are provided on servers located within the European Union.
Maintenance work may cause temporary service interruptions.
Guaranteed availability exists only if explicitly agreed.
Service disruptions caused by force majeure, external network issues, or third-party failures are outside the provider’s control.
6. Prices, Billing & Payment
Annual prepayment.
Payment due within 14 days.
Access may be suspended in case of late payment (payment obligation remains).
7. Contract Term and Cancellation
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Standard contract term: 12 months from activation.
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Automatic renewal for additional 12-month periods unless cancelled in text form at least 4 weeks before the renewal date.
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Renewal invoices are sent approximately one month before the next contract period begins.
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All customer data will be permanently deleted no later than 30 days after termination.
8. Right of Withdrawal (Consumers Only)
Withdrawal Policy
Consumers may withdraw from the contract within 14 days without giving any reason.
The withdrawal period begins on the date of contract conclusion.
The withdrawal must be sent to:
Galaxy GmbH
Hohenzollernring 57
50672 Cologne
E-mail: mail@galaxy-gmbh-service.de
Sending the withdrawal within the deadline is sufficient.
Effects of Withdrawal
All payments received will be refunded within 14 days, using the same payment method unless otherwise agreed.
Expiry of the Right of Withdrawal
The right of withdrawal expires if:
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the customer expressly requests immediate activation, and
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Galaxy GmbH has fully provided the service before the withdrawal period ends.
9. Liability
Galaxy GmbH is liable without limitation for intent and gross negligence.
For simple negligence, liability is limited to:
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material contractual obligations (cardinal duties), and
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damages foreseeable at the time of contract conclusion.
In case of data loss, liability is limited to the restoration effort that would have been required if the customer had performed proper backups.
10. Data Protection
The privacy policy published on the provider’s website applies.
11. Dispute Resolution
Galaxy GmbH is willing to participate in consumer dispute resolution procedures.
12. Final Provisions
German law applies.
For business customers, the place of jurisdiction is Cologne, Germany.
If individual provisions of these Terms are invalid, the remaining provisions remain in effect.