Terms & Conditions for Cryptomator Hub (Self-Hosted)

Effective date: October 2026

The following General Terms and Conditions apply exclusively within the framework of the contractual relationship between Skymatic GmbH (hereinafter “Provider”) and the customers (m/f/d, hereinafter “Customer”) of “Cryptomator Hub” for operation on infrastructure provided by the Customer itself (self-hosting).

Conflicting or different general terms and conditions of the Customer do not become part of the contract. This also applies if the Provider does not expressly object to them.

Contract language is German. This is a translation from our German AGB. The German version shall prevail.

§1 Definitions

Unless otherwise indicated, the expressions mentioned in the text are defined as follows:

  • Cryptomator: refers to the application that can be installed on the Customer’s devices and is used for client-side encryption of data. The encrypted data is stored in a location chosen by the user.
  • Vaults: are the storage locations created in Cryptomator, which can contain any number of encrypted documents and folders. Each Vault is protected by an individual key.
  • Cryptomator Hub: is software which, in the context of this Agreement, the Provider makes available for operation on the Customer’s Infrastructure. Cryptomator Hub is used to manage access to Vaults and the associated storage of metadata, but not to store the encrypted Vault contents.
  • Customer’s Infrastructure: refers to the hardware and software operated by the Customer itself or provided for the Customer by third parties (in particular servers, operating system, container platform, database and identity provider) on which the Customer installs and operates Cryptomator Hub.
  • Instance: is the copy of Cryptomator Hub installed and operated by the Customer on its Infrastructure.
  • License Key: is the character string provided by the Provider with which the Customer unlocks, in its Instance, the contractually agreed scope of functions as well as the number of booked Seats.
  • Users and Groups: can be created in Cryptomator Hub or imported via external software such as Active Directory. Users or Groups can be granted access to one or more Vaults using Cryptomator Hub.
  • Active Users: have been given access to at least one Vault directly or indirectly through a Group membership.
  • Seats: refers to the contractually agreed maximum number of Active Users. Each Active User occupies one Seat.

§2 Subject of Contract

The subject of the agreement is the granting of the use of the software “Cryptomator Hub” (hereinafter referred to as the “Software”) for operation on the Customer’s Infrastructure, limited in time to the duration of the contract. The Software is provided at the Customer’s option

a) against payment, by provision of a License Key with the agreed scope of functions and the agreed number of Seats, or b) free of charge, as a Community Edition limited in its scope of functions and in the number of Seats.

In both cases, the provision of the resources required for operation is incumbent upon the Customer.

§3 Services of the Provider; Software

3.1 The Provider makes the most current version of the Software available to the Customer for retrieval in electronic form (in particular as container images). Installation and operation of the Software are carried out by the Customer on its Infrastructure. The Software is designed to be used together with the Cryptomator application, also provided by the Provider, which is used to encrypt data on local storage space selected by the Customer or provided by third parties.

3.2 The Provider shall provide the Customer with a License Key in electronic form at the latest upon request. The Customer shall manage the access data of the Users itself with the help of the admin account of its Instance. The Customer may increase or decrease the number of Seats as required. Additional Seats are charged pro rata for the current billing period; a reduction is credited pro rata and offset against the next payment or invoice. The Provider shall ensure that the number of booked Seats is usable in a timely manner via the License Key.

3.3 Furthermore, the Provider shall provide the Customer with user documentation in electronic form after conclusion of the contract. The current version of this documentation can be viewed online at any time during the use of the Software and describes the contractually owed quality of the Software.

3.4 The Provider may update and further develop the Software at any time and, in particular, adapt it due to a changed legal situation, technical developments or to improve IT security. In doing so, the Provider shall give due consideration to the Customer’s legitimate interests and inform the Customer in good time of any necessary updates. In the event of a significant impairment of the Customer’s legitimate interests, the Customer shall have a special right of termination.

3.5 The Provider shall not owe any adaptation to the Customer’s individual needs or IT environment, unless the parties have agreed otherwise.

3.6 The Provider may provide its services and support through third parties as subcontractors. It shall be liable for the performance of services by subcontractors as for its own actions.

§4 Scope and Rights of Usage

4.1 The Software is provided to the Customer exclusively in electronic form for installation and operation on its Infrastructure.

4.2 The Customer shall receive simple, i.e., non-sublicensable and non-transferable rights to the most current version of the Software, limited in time to the term of the contract, to install the Software on its Infrastructure, to operate it and to use it for its intended purpose in accordance with the contractual provisions. The Customer may only use the Software for its own purposes. This does not include the use of the products for third parties, for example as a service provider or any other transfer or brokerage of use to third parties.

4.3 The Customer is not entitled to have user accounts used by more than one natural person at a time (“account sharing”).

4.4 Unless otherwise agreed or required by mandatory law or preceding terms of use, the Customer is not entitled to

  1. copy the Software beyond what is necessary for the contractual use, neither in whole nor in part;
  2. modify, correct, adapt, translate, improve or otherwise make derivative developments to the Software;
  3. rent, lend, sell, license, transfer or otherwise make the Software available to third parties;
  4. reverse engineer, decompile, disassemble or otherwise attempt to decipher the source code of the Software, in whole or in part, without authorization;
  5. circumvent or violate any security devices or protection mechanisms contained in or used for the Software;
  6. take any action that is likely to cause damage to the Software or the Provider’s systems;
  7. remove, delete, obliterate, alter, obscure, translate, combine, add to or otherwise modify any trademarks, documentation, warranties, disclaimers or other rights, such as intellectual property, marks, notices, labels or serial numbers, associated with the Software or Documentation;
  8. use the Software in a way that violates applicable law and/or the rights of third parties;
  9. use the Software for purposes of benchmarking or competitive analysis of the Software, for the development, use or provision of a competing software product or service, or for any other purpose that is detrimental to the Provider; and/or
  10. use the Software for or in connection with the design, construction, maintenance, operation or use of hazardous environments, systems or applications or other safety-critical applications, or otherwise use the Software in a manner that could result in physical harm or serious property damage.

4.5 Insofar as components of the Software are provided under an open source license, the respective open source license terms shall take precedence over the provisions of this § 4. In all other respects, the Customer does not receive any right to the source code of the Software.

§5 Support

5.1 The Provider shall set up a support service for inquiries of the Customer regarding functions of the Software. Requests can be made via email in German or English to [email protected]. The requests will be processed in the chronological order of their receipt.

5.2 The support does not cover problems with or damage to the Software, insofar as these were caused by

  1. negligence, misuse or improper operation on the part of the Customer;
  2. operation, use or storage/hosting of the Software not in accordance with the Provider’s specifications;
  3. modifications to the Software not made or approved by the Provider;
  4. actions of third parties;
  5. third party products; and/or
  6. force majeure.

5.3 Furthermore, the support does not cover the Customer’s Infrastructure or its setup, protection and operation.

§6 Obligations of the Customer

6.1 The Customer shall protect the License Key transmitted to it as well as the access data to its Instance against access by third parties and keep them safe in accordance with the state of the art. The Customer shall ensure that use only occurs to the contractually agreed extent. The Provider shall be notified immediately of any unauthorized access.

6.2 Furthermore, the Customer is obliged to keep the recovery key generated by the Software during the creation of the Vault safe. It is pointed out that recovery of encrypted data without the key is technically impossible. Accordingly, the recovery key is the only means by which the Customer can recover its data in the event of a failure.

6.3 The Customer is obligated not to use the provided Software for the storage or processing of data, the use of which violates applicable law, official orders, third party rights or agreements with third parties.

6.4 The Customer shall check the data for viruses or other harmful components before storing them or using them in the Software and shall use state-of-the-art measures (e.g., virus protection programs) for this purpose.

6.5 The Customer shall regularly make appropriate data backups on its own responsibility.

6.6 The Customer operates the Software on its Infrastructure on its own responsibility. It is responsible in particular for providing and securing that Infrastructure as well as for installing the updates and security updates provided by the Provider in a timely manner.

§7 Reference Marketing / Logo Use

7.1 Upon conclusion of the contract, the Customer grants its express consent that the Provider may name and use the Customer as a reference customer (including case studies, work references, success stories, etc.) in digital and analog form, free of charge and unlimited in terms of time and content, using the company mark (esp. logo) and the company name for marketing purposes.

7.2 The Customer may revoke the consent to reference marketing at any time by sending an email to [email protected]. The revocation is only valid for the future.

§8 Customer Communication

8.1 If the Customer has separately consented (e.g., as part of the order), the Provider may contact the persons designated by the Customer as points of contact (in particular the person who obtained the license and the designated technical contact) by email or telephone for feedback requests, user research interviews, questions regarding feature usage, and case study inquiries. Any such outreach shall remain reasonable in scope and frequency.

8.2 The consent under § 8.1 may be revoked at any time by sending an email to [email protected]. The revocation is only valid for the future and does not affect communications required for the provision of the Software or support (§ 3, § 5).

§9 Warranty

9.1 With regard to the granting of the use of the Software, the warranty provisions of the German “Mietrecht” shall apply (§§ 535 ff. BGB).

9.2 The Customer shall notify the Provider of any defects without undue delay.

9.3 The warranty for only insignificant reductions in the suitability of the service is excluded. The strict liability according to § 536a para. 1 BGB for defects that already existed at the time of conclusion of the contract is excluded.

9.4 For the provision free of charge pursuant to § 2 lit. b, the provisions on loan for use (§§ 598 ff. BGB) shall apply accordingly instead of § 9.1.

§10 Liability

10.1 The parties shall be liable without limitation in the event of intent, gross negligence and culpable injury to life, body or health.

10.2 The Provider shall only be liable for indirect and consequential damages as well as for lost profits, additional personnel costs, useless expenses and omitted savings, etc. in the event of intent and gross negligence.

10.3 Notwithstanding the cases of unlimited liability according to § 10.1 and liability for consequential damages pursuant to § 10.2, the parties shall be liable to each other in case of slightly negligent breach of duty only in case of breach of essential contractual obligations, i.e., obligations the fulfillment of which enables the proper execution of the contract in the first place or the breach of which endangers the achievement of the purpose of the contract and the compliance with which the other party may regularly rely on, however, limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract.

10.4 If the Customer violates its obligation to properly back up data, the Provider’s liability for loss of data shall be limited to the amount of damage that would have occurred even if the Customer had properly and regularly backed up the data.

10.5 The Provider shall not be liable for damages based on the Customer not adequately securing its Infrastructure or not installing provided updates and security updates in a timely manner.

10.6 The above limitations of liability shall not apply to liability under the German Product Liability Act (Produkthaftungsgesetz) or to guarantees given in writing by one of the parties.

10.7 § 10 shall also apply in favor of employees, representatives and bodies of the parties.

10.8 For the provision free of charge pursuant to § 2 lit. b, the Provider shall only be liable for intent and gross negligence (§ 599 BGB). § 10.1 remains unaffected.

§11 Deficiencies in Title; Indemnification

11.1 The Provider warrants that the Software does not infringe any third-party rights. The Provider shall indemnify the Customer against all claims of third parties due to infringements of property rights for which the Provider is responsible in connection with the contractual use of the Software upon first request and shall reimburse the Customer for the costs of an appropriate legal prosecution. The Customer shall inform the Provider without undue delay of any claims asserted against it by third parties on the basis of the contractual use of the Software and shall grant the Provider all necessary powers of attorney and authority to defend the claims.

11.2 The Customer shall be solely responsible for all content and processed data used by it or its Users and any legal positions required for this purpose. The Provider does not take note of any content of the Customer or its Users and does not check the content used with the Software.

11.3 The Customer warrants that the content and data stored in its Instance, as well as their use, do not violate applicable law, official orders, third-party rights or agreements with third parties. The Customer shall indemnify the Provider against claims asserted by third parties on the basis of a violation of this clause upon first request. In this context, the Customer also agrees to indemnify the Provider against any liability and any costs, including possible and actual costs of legal proceedings, in the event that a claim is made against the Provider by third parties, including employees of the Customer personally, as a result of alleged acts or omissions of the Customer. The Provider shall notify the Customer of the claim and, to the extent legally possible, give the Customer the opportunity to defend the asserted claim. At the same time, the Customer shall immediately provide the Provider with all information available to it regarding the facts that are the subject of the claim. Any further claims for damages of the Provider shall remain unaffected.

§12 Community Edition; Test Phase

12.1 Irrespective of the right of withdrawal (§ 15), the Customer, i.e., both the consumer and the entrepreneur, shall be entitled to use the Software for 30 days free of charge and without obligation for both parties (hereinafter “test phase”). During the test phase, the Customer shall in particular have no claim to unrestricted functional scope of the Software.

12.2 In addition, the Provider provides a Community Edition of the Software free of charge, limited in its scope of functions and in the number of Seats. The provisions on remuneration (§ 13) do not apply to its use; there is no claim to support (§ 5).

§13 Remuneration and Payment Conditions

13.1 The Customer can view the prices for the Software and services on the website (https://cryptomator.org/pricing/). Unless otherwise agreed (individual agreement, discount campaign or similar), the Customer shall - after expiry of the test phase (§ 12) - pay the fee per booked Seat stated there at the conclusion of the contract to the Provider for the chosen billing period, irrespective of how many Seats are actually occupied by Active Users.

13.2 Depending on the model chosen, invoices shall be issued either for one month or for twelve months in advance. Unless otherwise agreed (individual agreement, discount campaign or similar), the invoice shall be due for payment immediately.

13.3 In the event of late payment, interest on arrears shall be due at the statutory rate. In case of a delay in payment of more than 30 days, the Provider is entitled to temporarily deactivate the License Key and to suspend the provision of updates and support until the overdue invoice has been paid.

13.4 The Provider reserves the right to make an adjustment of the price even during an ongoing contract period. An adjustment can be made both in the form of a price increase and a price reduction. A price increase is only envisaged if cost-increasing circumstances occur that make proper maintenance significantly more difficult without this being compensated for by an increase in the price. Circumstances for which a price increase is considered are: cost-intensive adaptations in the Software (development costs) justified by legal changes (e.g., concerning data protection); increased costs for copyright-protected contents or costs for the legal examination of the Provider’s cooperation partners. The Provider shall inform the Customer of any price adjustment as soon as possible, but no later than three months before it takes effect, and shall explain the cost-increasing or cost-reducing factor in more detail. A price adjustment only takes effect at the beginning of a billing period. The Customer may terminate the contractual relationship existing with the Provider in the event of a price adjustment in accordance with the applicable regulations (§ 14). In the event that the Provider, through no fault of the Customer, notifies the Customer at a time when the Customer is no longer able to comply with the ordinary notice period until the effective date of the price adjustment, the Customer may terminate the contractual relationship as of the effective date of the price adjustment.

§14 Contract Duration and Termination

14.1 The Agreement shall enter into force after the Customer’s request and provision of the License Key by the Provider and shall be concluded for an indefinite period of time.

14.2 The contract may be terminated by either party with a notice period of one month to the end of the current billing period. If the Customer is a consumer, the Customer may instead terminate at any time with a notice period of one month. If the contract ends before the end of a billing period paid in advance, the Provider shall refund pro rata the fee attributable to the period after the end of the contract.

14.3 The right to terminate without notice for good cause remains unaffected. In any case, the termination must be made in text form.

14.4 The License Key loses its validity upon termination of the contractual relationship. After termination of the contractual relationship, the Customer shall uninstall the Software and irretrievably delete all copies of the Software in its possession. The use of the Community Edition (§ 12.2) as well as rights arising from open source licenses (§ 4.5) remain unaffected.

§15 Withdrawal

If the Customer is a consumer, he has a right of withdrawal.

Right of Withdrawal

You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Skymatic GmbH, Am Hauptbahnhof 6, 53111 Bonn, email: [email protected], fax: 02241 / 2667424) of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post or an email). You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of Withdrawal

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (except for additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

Sample Revocation Form

The legislator provides the following model withdrawal form in Annex 2 to Article 246a § 1 (2) sentence 1 number 1 and § 2 (2) number 2 EGBGB:

To:
Skymatic GmbH
Am Hauptbahnhof 6
53111 Bonn
Germany
Email: [email protected]
Fax: 02241 / 2667424

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):

Ordered on (*) / received on (*): __________________
Name of the customer: __________________
Address of the customer: __________________
Signature (only in the case of paper-based notice): __________________
Date: __________________

(*) Delete as applicable.

Special Notes: Exclusion or Premature Expiration of the Right of Withdrawal

The right of withdrawal does not apply to contracts for the delivery of digital content that is not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which is clearly tailored to the personal needs of the consumer.

The right of withdrawal expires prematurely if

  • the Provider begins with the execution of the contract (§ 356 para. 5 BGB),
  • after the Customer, as a consumer, has expressly consented to the commencement of the execution of the contract before the expiry of the revocation period (§ 356 para. 5 no. 1 BGB), and
  • the Customer as a consumer confirms his knowledge of the loss of the right of withdrawal (§ 356 para. 5 no. 2 BGB).

§16 Data Protection; Confidentiality

16.1 The parties shall comply with the applicable data protection provisions applicable to them in each case.

16.2 Since the Software is operated on the Customer’s Infrastructure, the Provider regularly has no access to personal data of the Customer. If and to the extent that the Provider nevertheless has access to personal data of the Customer in the context of the provision of services, in particular in the context of support (§ 5), the parties shall conclude a corresponding order processing agreement prior to the start of the processing and attach these GTC as an annex. In this case, the Customer is a controller and the Provider is a processor. In this case, the Provider shall process the relevant personal data solely in accordance with the provisions set forth therein and in accordance with the Customer’s instructions.

16.3 The Provider undertakes to maintain confidentiality about all confidential information (including business secrets) that it learns in connection with this Agreement and its performance and not to disclose, pass on or otherwise use such information to third parties. Confidential information is information which is marked as confidential or the confidentiality of which is evident from the circumstances, irrespective of whether it has been communicated in written, electronic, embodied or oral form. The confidentiality obligation does not apply if the Provider is obligated to disclose the confidential information by law or by virtue of a final or legally binding decision of an authority or court. The Provider undertakes to agree with all employees and subcontractors on a provision similar in content to the preceding paragraph.

§17 Out-of-Court Dispute Resolution as well as Information According to § 36 VSBG

The Provider is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

§18 Changes to these Terms

18.1 The Provider is entitled to amend these Terms with effect for the future insofar as this is necessary for a valid reason and does not unreasonably disadvantage the Customer. A valid reason exists in particular in the event of changes in the legal situation or in supreme court case law, official orders, technical developments of the Software (§ 3.4), the introduction of new functions or services, and to close regulatory gaps that have arisen subsequently.

18.2 Changes that materially affect the main contractual obligations of the parties, in particular the type and scope of the services owed, the remuneration, and the contract duration and termination, are excluded. Price adjustments are governed exclusively by § 13.4.

18.3 The Provider shall notify the Customer of the intended changes in text form (e.g., by email to the email address provided when obtaining the license) no later than six weeks before they take effect. The notification shall contain the amended provisions and the date on which they take effect.

18.4 The changes shall be deemed approved if the Customer does not object to them in text form before they take effect. In the notification, the Provider shall specifically inform the Customer of the right to object, the deadline, and the consequences of failing to object.

18.5 If the Customer objects, the contract shall continue under the previous terms; the right of both parties to ordinary termination (§ 14) remains unaffected. In addition, the Customer may terminate the contract with effect from the date on which the changes take effect.

§19 Final Clauses

19.1 Should individual provisions of this Agreement be invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties shall replace such provisions by effective and feasible provisions which correspond as closely as possible to the meaning and economic purpose as well as the intention of the parties at the time of conclusion of the contract. The same shall apply in the event of a gap in the contract.

19.2 There are no oral or written collateral agreements to this contract. Amendments to this contract and its annexes must be made in text form, unless they are made in accordance with § 18.

19.3 German law shall apply to the exclusion of the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods of 11.4.1980 (UN Sales Convention).

19.4 The place of jurisdiction for all disputes arising from or in connection with this contract shall be Bonn, insofar as the Customer is a merchant, a legal entity under public law or a special fund under public law. Any exclusive place of jurisdiction shall have priority.