Terms and Conditions

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• Accounts and Membership
• Application of Agreements & Contractual Relationship
• Subscriptions
• Trial Phase
• Subscription Term and Renewal
• Right of Withdrawal
• Payments, Reseller & Merchant of Record
• Effects of Cancellation
• Lifetime Subscriptions
• User Content
• Prohibited Content
• Content License
• Termination for Cause and Account Blocking
• Limitation of Liability
• Indemnification
• Severability
• Dispute Resolution
• Changes and Amendments
• Acceptance of these Terms

For any privacy related terms, please read the Privacy Policy

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These terms and conditions ("Agreement") set forth the general terms and conditions of your use of Cloudhiker ("Website" or "Service"), collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and this Website operator ("Operator", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Accounts and Membership

You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Application of Agreements & Contractual Relationship

• Two Separate Agreements: By using our Services and purchasing a subscription, you acknowledge that your relationship is governed by two separate sets of terms:
  • The Service Agreement: This Agreement ("Terms and Conditions") governs your rights and obligations regarding the use of the Cloudhiker software, your account, and your content. This contract is between you and the Operator (Cloudhiker).
  • The Sales Agreement: The "Paddle Buyer Terms and Conditions" govern the financial transaction , billing, and rights of withdrawal (refunds). This contract is between you and Paddle.com.
• Priority: In the event of a conflict regarding payment terms, taxes, or refunds, the Paddle Buyer Terms shall prevail. In the event of a conflict regarding software usage, liability for data, or content restrictions, this Agreement shall prevail.

Subscriptions

Trial Phase

• 14-Day Free Trial: You are entitled to test the full "Cloudhiker Premium" service free of charge for a period of 14 days (the "Trial Phase"). This Trial Phase is available only once per user.
• Automatic Conversion: The Trial Phase automatically converts into a paid subscription unless you cancel it at least 24 hours before the Trial Phase expires.
• Cancellation: You may cancel the Trial Phase at any time via your account settings. If you cancel, your access to Premium features will end immediately or at the end of the trial period, depending on the cancellation process selected, and you will not be charged.

Subscription Term and Renewal

After the Trial Phase, your subscription will continue as a recurring paid subscription for the billing period you selected (for example, monthly or annually) and will automatically renew at the end of each billing period, unless you cancel your subscription before the end of the then-current billing period.

You may cancel your paid subscription at any time with effect from the end of the then-current billing period via your account settings or by using the cancellation options provided by Paddle.com. Partial or pro-rated refunds for unused portions of a billing period will not be granted, unless required by mandatory law or the Paddle Buyer Terms and Conditions.

Right of Withdrawal (EU/EEA Consumers Only)

If you are a consumer habitually resident in the European Union or the European Economic Area, you have a statutory right to withdraw from a distance contract within 14 days without giving any reason, unless a statutory exception applies. The withdrawal period will expire 14 days after the day of the conclusion of the contract for the provision of digital content or digital services.

To exercise your right of withdrawal, you must contact Paddle.com as your contractual partner for the purchase in accordance with the Paddle Buyer Terms and Conditions. You may also notify us at [email protected]; in this case, we will forward your request to Paddle.com.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery, without undue delay and in any event not later than 14 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.

You acknowledge that you may lose your statutory right of withdrawal if the digital service has been fully performed with your prior express consent before the expiry of the withdrawal period and you have acknowledged that you thereby lose your right of withdrawal, to the extent permitted by applicable law.

If you are not an EU/EEA consumer, any rights of withdrawal, refunds or returns are exclusively governed by the Paddle Buyer Terms and Conditions and by any mandatory consumer protection laws of your country of residence.

Payments, Reseller & Merchant of Record

• Merchant of Record: Our order process is conducted by our online reseller, Paddle.com (Paddle.com Market Ltd, Judd House, 18-29 Mora Street, London, EC1V 8BT, United Kingdom; or its affiliated entity Paddle.com Inc). Paddle.com is the Merchant of Record for all our orders. This means that if you purchase a subscription, you are entering into a sales contract directly with Paddle.com, not with the Operator of this Website.
• Role of Paddle: As the Merchant of Record, Paddle.com is responsible for:
  • Processing all payments and chargebacks.
  • Collecting and remitting all applicable sales taxes (VAT/GST/Sales Tax).
  • Handling all customer service inquiries related specifically to payments, invoices, and returns.
• Payment Information: We do not store or process your sensitive payment data (e.g., credit card numbers). All payment details are handled securely by Paddle.com in accordance with their privacy policy and PCI-DSS standards.
• Payment Authorization: By providing payment information to Paddle.com during the trial registration, you authorize Paddle.com to charge your payment method automatically when the trial period expires, unless you cancel before that time. The exact charge date and amount will be clearly displayed in the Paddle checkout process and in your account settings.

Effects of Cancellation

If you cancel your subscription, you will be able to continue using your Cloudhiker account. The Premium Badge will be removed from your profile. If you created more than 5 lists, only the first 5 created lists will continue to work. All other lists will be locked and can only be deleted afterwards.

Lifetime Subscriptions

If you purchase a "Lifetime Subscription," you are granted access to the Cloudhiker Premium features for the duration of the existence of your account and the availability of the Service (the "Product Lifetime"). This subscription covers the specific set of Premium features available at the time of your purchase. The Operator may modify, replace or discontinue individual features of the Premium offering, introduce new subscription tiers or add-ons, and make changes required for technical, legal or business reasons, provided that the core functionality of the Premium offering is maintained. It does not automatically include future features, major service overhauls, or distinct new tools that we may release later as separate add-ons or new subscription tiers. The "Lifetime" aspect refers to the operational life of the Service; if the Service is permanently discontinued by the Operator, the subscription terminates. In the event of permanent discontinuation of the Service or termination of your account for cause, the Lifetime Subscription ends without any right to a refund, except where mandatory law requires otherwise.

User Content

You are able to make your lists public and share them with others. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful, illegal or objectionable.

Prohibited Content

You must not upload, post, publish or otherwise make available any content that:

• infringes any copyright, trademark, trade secret or other intellectual property rights of any third party;
• violates personality rights, privacy rights or data protection laws or contains personal data of third parties without their consent;
• is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, hateful or discriminatory, or incites violence or crime;
• contains sexually explicit or pornographic material, content involving minors, or otherwise violates youth protection or similar laws;
• contains viruses, malware or other code designed to disrupt or damage software or hardware;
• is used to send unsolicited commercial communications (spam) or to promote illegal products or services.

Reporting Illegal or Infringing Content

If you believe that any content on Cloudhiker is unlawful or infringes your rights, you can notify us by email at [email protected] and provide sufficient information to identify the content and explain your complaint. We will review such reports with due care and remove or restrict access to content where required by law or by these Terms.

Content License

Unless specifically permitted by you, your use of the Website and Services does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

You warrant and represent that:

• The publicly available lists do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The publicly available lists do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The publicly available lists data will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

Termination for Cause and Account Blocking

• Blocking: We reserve the right to temporarily block or permanently delete your account if you violate the content restrictions of this Agreement or if you significantly breach your contractual obligations.
• Warning and Opportunity to Cure: Unless the violation is severe or requires immediate action to prevent legal liability or harm to others, we will issue a warning and provide you with a reasonable opportunity to remove the offending content or cure the breach before termination.
• Termination Process: If we must terminate your account for cause, we will notify you via the email address associated with your account. You will have a period of fourteen (14) days from the date of notification to contact us regarding the preservation or retrieval of your data, provided such retrieval is legally permissible.
• Deletion: After this 14-day period expires without resolution, your account and all associated data may be permanently deleted. Pro-rated refunds for the remaining billing period will not be issued in cases of termination for cause.

Data Retention After Termination

After termination of your account, we may retain your data for a limited period of time to comply with legal obligations, to resolve disputes, or to enforce our agreements. Once this retention period has expired, your account data will be deleted or anonymized, unless further storage is required by law. Before permanent deletion due to termination for cause, you will have a period of fourteen (14) days from our notification to request a copy of your data, to the extent such export is technically feasible and legally permissible.

Limitation of Liability

• Unlimited Liability: The Operator is liable without limitation for damages caused by intent or gross negligence, for injury to life, limb, or health, for defects after assuming a guarantee for the quality of the product, and for fraudulently concealed defects. Liability under the German Product Liability Act remains unaffected.
• Slight Negligence: In the event of slight negligence, the Operator shall only be liable for the breach of essential contractual obligations (so-called "Cardinal Duties"). Essential contractual obligations are those duties whose fulfillment is necessary to achieve the objective of the contract and on whose observance the User may regularly rely. In such cases, liability is limited to the foreseeable, contract-typical damage.
• Exclusion: Any further liability for slight negligence is excluded.
• Agents: To the extent that the liability of the Operator is excluded or limited, this also applies to the personal liability of its employees, representatives, and vicarious agents.

Indemnification

You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute Resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Germany without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Germany. If you are a consumer habitually resident in the European Union, the European Economic Area or the United Kingdom, this choice of law must not have the result of depriving you of the protection afforded to you by provisions that cannot be derogated from by agreement under the law of your habitual residence. If you are a business, the exclusive place of jurisdiction for all disputes arising out of or in connection with this Agreement shall be Berlin, Germany. If you are a consumer, the competent courts of your habitual residence may also have jurisdiction according to applicable consumer protection rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and Amendments

We may modify these Terms from time to time for valid reasons, for example to reflect changes in law, new features of the Service or adjustments to our business model. We will notify you of any material changes in text form (for example by email or via the Service) in due time before they take effect. If you do not agree with the amended Terms, you may terminate your subscription and close your account before the changes become effective. Your continued use of the Service after the effective date of the amended Terms will be deemed as your acceptance of the changes.

Acceptance of these Terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.