Terms And Conditions

1. Parties and Definitions

These Terms & Conditions (“Terms”) govern the relationship between Krateos B.V., a private limited company registered in the Netherlands (“XeniaCloud”, “we”, “us”, or “our”), and any individual or organisation (“Customer”, “you”) who accesses or uses the XeniaCloud services available at xeniacloud.eu.

Key definitions used throughout these Terms:

• “Service” means the cloud-based file storage, email hosting, calendar, contacts, office editing, and related features provided under a XeniaCloud subscription plan.
• “Account” means the unique account created for the Customer to access the Service.
• “Content” means all files, data, text, email messages, calendar entries, and other material that the Customer stores or transmits via the Service.
• “Subscription” means the recurring fee-based or free access plan selected by the Customer.
• “AUP” means the Acceptable Use Policy set out in Section 7 of these Terms.

2. Acceptance of Terms

By creating an Account, accessing the Service, or clicking “I agree” during sign-up, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not create an Account or use the Service.

If you are accepting these Terms on behalf of a legal entity, you represent that you have the authority to bind that entity, and in that case “Customer” refers to that entity.

We reserve the right to update these Terms at any time. We will notify registered Customers of material changes by email or prominent notice on the website at least 14 days before the change takes effect. Continued use of the Service after that date constitutes acceptance of the revised Terms.

3. Service Description

XeniaCloud provides the following services, depending on the Subscription plan:

• File storage and synchronisation (Nextcloud)
• Email hosting and webmail (Stalwart Mail)
• Calendar (CalDAV) and contacts (CardDAV)
• Web office editor (Collabora; OnlyOffice available as add-on)
• Video calls and team chat (Nextcloud Talk, on paid plans)
• Custom domain email (included from Plus tier; available as add-on on Free and Solo)

Current subscription tiers and pricing are published at xeniacloud.eu/pricing. XeniaCloud reserves the right to change pricing with at least 30 days’ prior written notice to existing Customers.

4. Account Registration and Security

To use the Service, you must register an Account and provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your Account.

You must:

• Immediately notify XeniaCloud of any unauthorised use of your Account at support@xeniacloud.eu
• Use a strong, unique password and enable two-factor authentication where available
• Not share your credentials with any other person or entity

XeniaCloud will not be liable for any loss or damage arising from your failure to comply with these obligations.

5. Subscription, Payment, and Cancellation

5.1 Billing

Paid Subscriptions are billed monthly or annually in advance. Prices are as stated at xeniacloud.eu/pricing and are inclusive of applicable VAT (BTW) for EU customers. Payment is processed via our payment provider (Stripe). By providing payment details you authorise recurring charges.

5.2 Free Tier

The Free tier is provided without charge and without any uptime guarantee or service level commitment. XeniaCloud reserves the right to discontinue, modify, or impose usage restrictions on the Free tier at any time with reasonable notice.

5.3 Cancellation

You may cancel your Subscription at any time via your Account settings at xeniacloud.eu/my-account. Cancellation takes effect at the end of the current billing period. No pro-rata refunds are issued for partial billing periods, except where required by applicable law.

5.4 Refunds

5.5 Non-payment

6. Data and Privacy

XeniaCloud is committed to protecting your personal data in accordance with Regulation (EU) 2016/679 (GDPR). Our Privacy Policy, available at xeniacloud.eu/privacy-policy, explains how we collect, use, and protect your data.

With respect to data roles:

• XeniaCloud acts as a data controller in relation to account registration data (name, email address, billing information).
• XeniaCloud acts as a data processor in relation to Content that Customers store or transmit via the Service. We do not access, analyse, or use this Content for any purpose other than providing the Service.

All Customer data is stored exclusively on servers located in the European Union (Hetzner Cloud, Nuremberg, Germany). No data is transferred to third countries outside the EEA without an appropriate legal basis and safeguard.

Business Customers who require a Data Processing Agreement (DPA) under GDPR Art. 28 may request one by contacting privacy@xeniacloud.eu.

7. Acceptable Use Policy (AUP)

The Service may only be used for lawful purposes and in accordance with these Terms. The following uses are strictly prohibited:

7.1 Illegal and Harmful Content

• Storing, distributing, uploading, or transmitting any content that is illegal under Dutch law, EU law, or the law applicable to the Customer’s jurisdiction
• Child Sexual Abuse Material (CSAM) or any content that sexualises, exploits, or endangers minors in any way — this is a zero-tolerance violation and will be reported immediately to the relevant authorities (including the Dutch National Police and the NCMEC CyberTipline)
• Non-consensual intimate imagery (NCII), also known as “revenge porn”
• Content that promotes, incites, or facilitates violence, terrorism, or hate crimes
• Content that promotes, glorifies, or facilitates self-harm or suicide
• Pornographic or sexually explicit content of any kind, regardless of whether it involves adults or minors
• Content that infringes third-party intellectual property rights (copyright, trademark, trade secrets)

7.2 Email and Messaging Abuse

• Sending unsolicited bulk email (spam) or unsolicited commercial messages
• Phishing, spear-phishing, or any attempt to deceive recipients into disclosing credentials or personal information
• Email address harvesting or scraping
• Sending email that impersonates another person, organisation, or domain
• Sending messages designed to facilitate fraud, scams, or social engineering
• Bypassing or disabling anti-spam or rate-limiting mechanisms enforced by XeniaCloud

7.3 Technical Abuse

• Attempting to gain unauthorised access to XeniaCloud systems, other Customers’ accounts, or any third-party systems
• Uploading, distributing, or executing malware, ransomware, viruses, Trojans, or any malicious code
• Conducting denial-of-service (DoS/DDoS) attacks against XeniaCloud or any third party
• Using the Service to operate a botnet, proxy, Tor exit node, or anonymisation relay
• Mining cryptocurrency using XeniaCloud resources
• Circumventing storage quotas, rate limits, or other technical restrictions
• Attempting to reverse-engineer, decompile, or extract source code from XeniaCloud services

7.4 Fair Use — Email Sending Limits

To protect the deliverability and reputation of the shared mail platform, the following email sending limits apply:

These limits may be reviewed and adjusted. High-volume transactional or bulk mailing use cases are not supported on the standard Service and require a separate commercial agreement.

7.5 Consequences of AUP Violations

XeniaCloud reserves the right, at its sole discretion, to:

• Immediately suspend or terminate any Account that violates this AUP, with or without prior notice depending on the severity of the violation
• Remove or disable access to Content that violates this AUP
• Report violations to relevant law enforcement authorities, particularly in cases involving CSAM or other criminal content
• Cooperate with law enforcement investigations and comply with lawful requests for information

Termination for AUP violation does not entitle the Customer to a refund.

8. Customer Content and Intellectual Property

You retain full ownership of all Content you store or transmit via the Service. You grant XeniaCloud a limited, non-exclusive licence to store, process, and transmit your Content solely for the purpose of providing the Service.

You represent and warrant that you have all rights, permissions, and consents necessary to store and transmit your Content via the Service, and that doing so does not infringe any third-party rights.

XeniaCloud’s software, infrastructure, trademarks, and website content are owned by Krateos B.V. and are protected by Dutch and EU intellectual property law. Nothing in these Terms grants you any rights to XeniaCloud’s intellectual property.

9. Service Availability

XeniaCloud endeavours to provide a reliable service but does not currently offer a formal Service Level Agreement (SLA) with guaranteed uptime or compensation commitments. The Service is provided on a commercially reasonable efforts basis.

Scheduled maintenance will be announced in advance where possible. XeniaCloud will not be liable for temporary interruptions caused by maintenance, hardware failure, network issues, or force majeure events.

The Free tier is provided without any availability guarantee whatsoever.

10. Data Retention and Deletion

Upon cancellation or termination of your Account, XeniaCloud will retain your data for a period of 30 days to allow for recovery in case of accidental cancellation. After this period, all Content and account data will be permanently and irreversibly deleted.

You can export your data at any time using the Nextcloud export and email export tools available in the Service. We recommend performing an export before cancelling.

• Deleted files are retained in the Nextcloud trash bin for a minimum of 90 days before permanent deletion.
• File version history is retained for a minimum of 30 days.

11. Limitation of Liability

To the maximum extent permitted by applicable Dutch and EU law, XeniaCloud’s total liability to any Customer for any claims arising out of or in connection with the Service shall not exceed the total amounts paid by that Customer in the 12 months preceding the event giving rise to the claim.

XeniaCloud shall not be liable for any indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of data, loss of revenue, or loss of business opportunity, even if advised of the possibility of such damages.

Nothing in these Terms limits XeniaCloud’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under applicable law.

Consumer customers in the Netherlands retain all statutory rights under Dutch consumer protection law (Burgerlijk Wetboek) that cannot be contractually excluded.

12. Warranties and Disclaimers

XeniaCloud warrants that it will provide the Service with reasonable skill and care. Other than this, the Service is provided “as is” and “as available” without any further warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

XeniaCloud does not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. You are responsible for maintaining appropriate backup copies of your Content.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles.

Any dispute arising out of or in connection with these Terms shall first be submitted to XeniaCloud’s customer support at support@xeniacloud.eu with a written description of the complaint. XeniaCloud will endeavour to resolve the matter within 30 days.

If the dispute cannot be resolved amicably, it shall be submitted to the exclusive jurisdiction of the competent court in Rotterdam, the Netherlands.

Consumer customers in the EU may also submit complaints to the European Online Dispute Resolution platform at ec.europa.eu/consumers/odr, or to the Dutch consumer dispute resolution body (Geschillencommissie) where applicable.

14. Termination

Either party may terminate these Terms at any time. Customers may terminate by cancelling their Account. XeniaCloud may terminate by providing 30 days’ written notice, except where termination is due to an AUP violation (see Section 7.5), in which case termination may be immediate.

Upon termination, your right to access the Service ceases. Sections relating to intellectual property, data deletion, limitation of liability, and governing law survive termination.

15. Miscellaneous

• Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remainder of the Terms will continue in full force.
• Waiver: Failure to enforce any right under these Terms does not constitute a waiver of that right.
• Assignment: You may not assign your rights or obligations under these Terms without XeniaCloud’s prior written consent. XeniaCloud may assign its rights in connection with a merger, acquisition, or sale of assets.
• Force majeure: XeniaCloud shall not be liable for any failure or delay caused by events beyond its reasonable control, including natural disasters, war, cyberattacks, or internet infrastructure failures.

16. Contact Information

Krateos B.V.
The Netherlands
Email: support@xeniacloud.eu
Privacy / DPA requests: privacy@xeniacloud.eu
Website: xeniacloud.eu