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Terms and Conditions

File Transfer Service

Provider: milkycode GmbH

Address: Osterather Str.7, 50739 Cologne

Managing Director: Christian Hinz

E-Mail: support@milkycode.com

Version: May 2026

 

1. Scope of Application

These Terms and Conditions ('T&Cs') govern the use of the file transfer service ('Service') operated by milkycode GmbH ('Provider'). The Service enables users to upload, share, and download files.

Use of the Service constitutes acceptance of these T&Cs. The Provider does not recognise any conflicting or supplementary terms of the user unless expressly agreed to in writing.

2. Description of Services

The Provider operates a web-based platform enabling the exchange of files between the Provider and its clients (and, where arranged by the Provider, between clients). The Service includes in particular:

        Uploading of files by authorised users

        Provision of files for download via time-limited links

        Notification of available files by e-mail

 

The Provider is not obligated to maintain permanent availability of the Service and reserves the right to modify, restrict, or discontinue the Service at any time.

3. Access Restrictions

The Service is available exclusively to business customers and individuals acting in the course of their commercial or professional activities (B2B). Use by consumers within the meaning of applicable consumer protection laws is not intended.

Access to the Service is generally granted by direct invitation from the Provider in the form of an individual upload or download link. Independent registration is not available.

4. User Obligations and Prohibited Content

The user undertakes to use the Service solely in compliance with applicable law. In particular, it is prohibited to upload or transmit the following content:

        Content that violates applicable law (e.g. copyrighted material without a licence, illegal content)

        Malware, viruses, trojans, or other harmful software

        Content that infringes third-party rights (in particular copyright, trademark, or personality rights)

        Content of an offensive, discriminatory, or pornographic nature

 

The Provider reserves the right to remove files without prior notice if there is reasonable suspicion that they violate these provisions.

5. Storage and Availability of Files

Uploaded files are stored for a limited period of time. The Provider is entitled to automatically and irreversibly delete files after the agreed or indicated retention period has expired, without separately notifying the user.

The Provider does not guarantee the permanent availability of stored files. Users are solely responsible for maintaining backup copies of important files.

Maximum file sizes and retention periods may be technically limited and will be communicated on the platform where applicable.

6. Liability

6.1 Provider's Limitation of Liability

The Provider's liability is unlimited in cases of intentional misconduct or gross negligence by its legal representatives or vicarious agents, as well as for damages resulting from injury to life, body, or health.

In all other respects, the Provider's liability is limited to damages that are typical for the type of contract and foreseeable at the time of contract conclusion. Further liability is excluded.

In particular, the Provider accepts no liability for:

        Data loss due to technical errors or expiry of retention periods

        Unauthorised third-party access to provided download links

        Service outages or interruptions

        Damage caused by malware in files uploaded by third parties

6.2 User's Liability

The user is liable for all damages incurred by the Provider as a result of improper or unlawful use of the Service. The user shall indemnify the Provider against any third-party claims arising from such use.

7. Data Protection

Personal data is processed in accordance with the applicable General Data Protection Regulation (GDPR) and relevant national data protection laws. Details are set out in the Provider's separate Privacy Policy, which is available on the platform.

In the course of using the Service, the following data may be collected and processed: IP addresses, access timestamps, e-mail addresses (if provided), and metadata of transferred files.

Where the file transfer involves the processing of personal data of third parties, the user is solely responsible for complying with applicable data protection requirements (including obtaining consent or establishing a legal basis).

8. Intellectual Property

The Provider makes no claim to ownership rights over files uploaded by users. By uploading, the user grants the Provider only the technically necessary rights to store, provide, and transmit the file for the purposes of the Service.

The user warrants that they hold the necessary rights to all uploaded content and that the upload does not infringe any third-party rights.

9. Amendments to the T&Cs

The Provider reserves the right to amend these T&Cs at any time. Amendments will be published on the platform. For files already transmitted or received, the T&Cs applicable at the time of transmission shall apply.

10. Miscellaneous

These T&Cs are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

To the extent permitted by law, the exclusive place of jurisdiction for all disputes arising from or in connection with these T&Cs is the Provider's registered office in Cologne, Germany.

Should any individual provision of these T&Cs be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision.

 

milkycode GmbH · Cologne, Germany · HRB 84052, Court of Registration: Cologne

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