General Terms and Conditions for mailbackup.io

This is a convenience translation. Only the German AGB are legally
binding — see § 13(4). In case of any discrepancy, the German version prevails.

Last updated: August 2026

§ 1 Scope, provider

(1) These Terms apply to all contracts for the use of the mailbackup.io service (the “Service”) between dedimax solutions GmbH, Wieseneck 32, 17192 Waren (Müritz), Germany (the “Provider”) and its customers.

(2) The offering is directed exclusively at entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law. Contracts with consumers are excluded.

(3) Conflicting or deviating terms of the customer do not become part of the contract unless the Provider expressly agrees to their application in text form.

§ 2 Subject matter

(1) The Service periodically backs up email mailboxes and contacts from source systems connected by the customer (currently Microsoft 365 and IMAP servers) onto the Provider’s systems, and makes the backed-up data available to the customer via a web interface and programming interfaces for search, viewing, restoration and export.

(2) Backup runs continuously and incrementally from the moment a mailbox is connected. Backed-up messages are not deleted but merely marked as deleted when deleted in the source system (append-only archive), for as long as the contract exists. Neither reaching the storage limit under § 6, nor the end of a trial period, nor cancelling paid mailboxes causes data already backed up to be deleted.

(3) The Service is a data backup service. It is not an email service, not a substitute for operating the source system, and not a warranty of audit-proof archiving within the meaning of commercial or tax law requirements (e.g. GoBD); compliance with such requirements across the customer’s overall system is the customer’s responsibility.

(4) The scope of functions in detail follows from the service description on mailbackup.io in the version valid at the time of contract conclusion.

§ 3 Conclusion of contract

(1) The contract is concluded when the customer sets up a customer account — by registering via the website, insofar as the Provider offers this, or following an invitation from the Provider — and the Provider activates access. Where registration takes place via the website, the customer account only comes into existence upon confirmation of the activation link sent to the email address provided.

(2) By setting up the customer account, the customer agrees to these Terms and confirms having taken note of the privacy policy. The time of acceptance is logged.

(3) The contract language is German.

§ 4 Availability, maintenance, further development

(1) The Provider renders the Service with the care of a prudent businessperson but does not warrant any particular minimum availability. Planned maintenance is carried out outside usual business hours where possible and announced via the Service’s status page.

(2) Interruptions of the Service do not affect data already backed up; after a restart, backup continues automatically. Periods in which contents are permanently deleted in the source system before the next successful backup cannot, by their nature, be backed up retrospectively.

(3) The Provider may further develop and change the Service, provided that the essential scope of services under § 2 is maintained or the change is reasonable for the customer, taking the Provider’s interests into account.

§ 5 Customer obligations

(1) The customer provides the prerequisites required for the connection within their own area of responsibility, in particular the registration and consent of the required application in their Microsoft directory or valid IMAP credentials, and keeps these current.

(2) The customer warrants that they are entitled to back up the connected mailboxes and, in particular, ensures that the inclusion of their employees’ mailboxes complies with the applicable data protection and employment law requirements. They indemnify the Provider against third-party claims based on a breach of this warranty.

(3) Credentials and API keys must be kept secret. The customer informs the Provider without undue delay of any indication of misuse of their account.

(4) The customer designates a technical contact person and keeps their contact and billing data current.

§ 6 Free use, storage limit

(1) Every connected mailbox is backed up free of charge and without time limit until the archive stored for that mailbox reaches 5 GB. The limit applies per mailbox, not per customer; it is tied to no trial period and no expiry date, and making use of it requires no payment details.

(2) What counts towards the allowance are the message artifacts of the mailbox stored on the Provider’s systems (the raw message together with its associated metadata), including messages already deleted in the source system. Derived data such as search indexes does not count towards it.

(3) If a mailbox used free of charge reaches the storage limit, further backup of that mailbox is suspended until the customer books it as a paid mailbox or starts a trial period under § 7. The customer’s other mailboxes are unaffected. Data already backed up is not deleted and remains fully searchable, exportable and restorable. The Provider notifies the customer in text form in good time before the limit is reached and when backup is suspended.

(4) The Provider may raise the storage limit with effect for the future. It may be lowered only in accordance with § 12.

§ 7 Paid mailboxes, trial period, billing

(1) The customer may book individual mailboxes as paid mailboxes. For a booked mailbox the storage limit under § 6 does not apply; in addition, text recognition within file attachments (OCR) is available for that mailbox. The fee is €5.00 per booked mailbox and month.

(2) Only the mailboxes booked by the customer are charged. Mailboxes of the same customer used free of charge trigger no fee, regardless of their number.

(3) The customer may start a 30-day trial period once, during which all mailboxes of the customer account are backed up without a storage limit and with the services under paragraph 1. The trial period does not start automatically: it is triggered exclusively by an express action of the customer within the Service, and in particular not by registration. The Provider notifies the customer in text form before the trial period ends, naming the mailboxes whose backup will be suspended.

(4) When the trial period expires, § 6 applies again to all mailboxes not booked as paid; backup of mailboxes above the storage limit is suspended. Here too, nothing is deleted. There is no entitlement to a further trial period.

(5) Billing takes place monthly in advance via the payment service provider Stripe Payments Europe, Ltd. The number of booked mailboxes as measured by the Service is authoritative; changes during a period are settled in the following invoice.

(6) All prices are exclusive of statutory value added tax.

(7) If the customer defaults on payment, the Provider is entitled, after a grace period has expired without result, to suspend the paid services; the affected mailboxes are then treated as mailboxes used free of charge under § 6. This does not involve any deletion of backed-up data. The assertion of further rights remains unaffected.

§ 8 Data protection

(1) Insofar as the Provider processes personal data from the backed-up mailboxes within the scope of the Service, it does so as the customer’s processor. To this end, the parties conclude the Provider’s data processing agreement (DPA), which forms part of this contract.

(2) In all other respects, the Provider’s privacy policy at mailbackup.io applies.

§ 9 Confidentiality

The parties treat as confidential all information about the other party obtained in the course of the contract that is marked as confidential or whose confidentiality follows from the circumstances, and use it only to perform the contract. This obligation continues for the term of the contract and for three years thereafter.

§ 10 Warranty, liability

(1) The Provider is liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, and under the Product Liability Act.

(2) For simple negligence the Provider is liable only for breach of a material contractual obligation (cardinal obligation) whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely, and limited in amount to the damage typical for this type of contract and foreseeable at the time of conclusion, but in total to no more than the fee paid by the customer in the twelve months preceding the event causing the damage.

(3) Strict liability for defects existing at the outset under § 536a(1) alt. 1 BGB is excluded.

(4) In the event of data loss, the Provider is liable only to the extent that the damage would also have arisen had the customer properly maintained their own backup — at minimum, the continued existence of the data in the source system until the next backup.

§ 11 Term, termination, release of data

(1) The contract runs for an indefinite period. It does not end merely because the customer cancels paid mailboxes.

(2) Cancelling paid mailboxes. The customer may end the booking of individual or all paid mailboxes at any time with effect from the end of the current billing month. The affected mailboxes are then treated as mailboxes used free of charge under § 6: if they are above the storage limit, further backup is suspended. Backed-up data is not deleted as a result, the customer account remains in place, and the data remains searchable, exportable and restorable.

(3) Ending the contract. Either party may terminate the contract with one month’s notice to the end of a month; alternatively, the customer may close their account within the Service. The right to extraordinary termination for cause remains unaffected. Terminations require text form.

(4) After the contract ends, the Provider keeps the customer’s backed-up data available for export in a common format (EML together with metadata) for 30 days. After that period, the customer’s data is deleted, including backup copies, at the latest 90 days after the end of the contract; details are governed by the DPA. Ending the contract is the only process that leads to the deletion of backed-up data.

§ 12 Changes to these Terms

The Provider may change these Terms with effect for the future, provided the change is reasonable for the customer. Changes are announced to the customer in text form at least six weeks before they take effect. If the customer does not object within four weeks of receiving the announcement, the amended Terms are deemed accepted; the announcement will point out this consequence. In the event of an objection, either party is entitled to terminate the contract with effect from the date the change takes effect.

§ 13 Final provisions

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

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the Provider’s registered office, provided the customer is a merchant, a legal entity under public law or a special fund under public law.

(3) Should individual provisions of this contract be or become invalid, the validity of the remaining provisions remains unaffected.

(4) Only the German version of these Terms is authoritative. The Provider provides translations into other languages solely to aid understanding; in the event of discrepancies, the German version prevails.