Terms & Conditions
1. Introduction
We are The Good Cloud and privacy and digital autonomy are our core values. Here You can find information about the use of our services. These Terms and the Privacy Statement govern the relationship between The Good Cloud as provider of services and You as the user. These documents are legally binding, so please read them carefully. If You have any questions regarding our services or these documents, don’t hesitate to contact us. You can find our contact information in article 2.
2. Definitions
2.1 Account: the account You create, as described in article 5.1.
2.2 Agreement: the agreement under which The Good Cloud provides You with the Service, concluded by acceptance of these Terms and the Privacy Statement by (i) a countersigned separate document or (ii) Your online registration for the Service.
2.3 The Good Cloud, TGC, We, Our or Us: Good Cloud B.V., located at Savannahweg 66, Utrecht, registered at the Chamber of Commerce under number 72357177. Contact: support@thegood.cloud.
2.4 You, Your: the party with whom The Good Cloud has concluded the Agreement.
2.5 Terms: these General Terms and Conditions.
2.6 Service: the service provided by The Good Cloud to You, as described in article 3.1.
2.7 Privacy Statement: the privacy statement as stated here.
3. The Service
3.1 The Good Cloud offers hosting of open‑source software. The core software offered is Nextcloud. For consumers, the options and storage capacities are listed on our website. For corporate customers, standard or tailor‑made solutions may be agreed in a separate countersigned document. The Service is made available to You after the Agreement is concluded. During registration, We ask You to create an email address and password to activate the Service. Our Service is designed to maximise Your privacy and keep You in control of Your data.
3.2 For a full overview of the features included in the Service, please visit https://thegood.cloud. We may use third parties to offer certain additional options.
4. Offer and acceptance
4.1 You can use the electronic ordering process on www.thegood.cloud to purchase the Service or we create the Service for You after written or online signed acceptance of a quotation made by The Good Cloud.
4.2 You are responsible for the accuracy of all data provided to The Good Cloud.
4.3 The Good Cloud explicitly rejects the applicability of any other terms and conditions.
4.4 The Agreement commences when Your acceptance of both the Agreement and these Terms is received by The Good Cloud.
4.5 After the Agreement has been concluded, The Good Cloud will provide the Service as soon as possible. In case You are a person not acting in the exercise of a profession or business, You agree that The Good Cloud may start the Service during the statutory cancellation period and that You must pay for work performed if You terminate during that period. Consumers acting outside a profession or business have the right to withdraw from the Agreement within thirty (30) days of conclusion without giving reason, unless the Service has already commenced with the consumer’s explicit consent.
5. Use of the Service
5.1 To use Our Service, You must create an Account via www.thegood.cloud. You create an email address and password for verification. Any optional personal data You provide will be processed in line with our Privacy Statement (Annex I).
5.2 The Good Cloud treats all communication confidentially and does not check, open, or view the contents of Your data.
5.3 You shall not use the Service to:
5.3.1 Share Your login credentials with anyone else;
5.3.2 Impersonate or pretend affiliation with any person or entity;
5.3.3 Try to access any non‑public areas of the Service;
5.3.4 Send or distribute viruses, malware, spam, phishing emails, unsolicited promotions, or advertisements;
5.3.5 Attempt to probe, scan, compromise or test the vulnerability of the Service or any related network;
5.3.6 Send, store or make available any content that is unlawful, infringes third‑party rights, promotes hate, or otherwise conflicts with the well‑being of individuals or groups.
If The Good Cloud concludes, after receiving relevant information, that You have violated these Terms, We may suspend or delete Your Account without notice or refund.
5.4 If You suspect unauthorised access to Your Account, contact Us immediately at help@thegood.cloud with relevant information.
5.5 The Good Cloud may block or remove Accounts without warning if You violate these Terms, which may result in loss of data.
5.6 The Good Cloud may report and hand over information about You or Your use of the Service to authorities if We have reason to assume the Service is used for criminal activities or if required by law.
6. Subscription fee, payment and termination
6.1 The subscription fee is paid in advance as agreed in the Agreement and includes any optional services and VAT.
6.2 To minimize data collection, The Good Cloud uses trusted payment provider Mollie (www.mollie.com). Other payment service providers may be added in the future. You are responsible for ensuring sufficient balance for payment.
6.3 The Good Cloud may increase its fees with at least thirty (30) days’ notice before renewal. You may terminate before the new rates apply if You do not agree. This does not apply to annual inflation corrections.
6.4 If You fail to pay on time, Your Account (and any custom domain) will be suspended until payment is received. The Good Cloud will send reminders by email, the first at least one month before renewal is due. Your Account will be deleted 30 days after non‑renewal. All formal communications are deemed delivered when emailed to Your registered address.
6.5 You can terminate Your Account at any time through the dashboard. Verification will be required. No refunds apply.
6.6 Upon termination, all data are permanently deleted. The Good Cloud is not liable for any resulting damage.
6.7 Provisions that by their nature are intended to survive termination shall remain in effect.
7. Performance and use of the Service
7.1 The Good Cloud strives to maintain availability above 99% per calendar month, excluding maintenance and force majeure.
7.2 The Service is provided “as‑is” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement.
7.3 The Good Cloud is not responsible for damages to You, third parties, or computer systems arising from or related to the use of the Service.
7.4 You are responsible for Your own backups. The Good Cloud makes no individual backups and only keeps general backups for disaster recovery.
8. Indemnity and Liability
8.1 The Good Cloud is not liable for any damages arising from data transferred, stored, or submitted through the Service, regardless of legal basis.
8.2 The Good Cloud is not liable for damage resulting from an attributable failure, unlawful act, or other cause, including the impossibility of using the Service.
8.3 You shall indemnify The Good Cloud and its employees against any claims arising from Your use of the Service or violation of these Terms, including claims relating to emails sent by the Service through Your Account.
8.4 The above limitation does not exclude liability for intentional or gross negligence by The Good Cloud (“own acts”).
8.5 The Good Cloud’s liability for indirect losses, including consequential loss, lost profits, or data loss, is excluded.
8.6 The total compensation for damages shall not exceed:
• Consumers: EUR 100 per incident.
• Businesses: the amount paid in the preceding twelve (12) months, capped at EUR 1,000.
8.7 Any claim for damages must be submitted within thirty (30) working days of the incident, by registered letter with details of the damage.
8.8 The Good Cloud is not liable for damages caused by force majeure as described in article 9.4.
9. Failures and force majeure
9.1 The Good Cloud may temporarily disable the Service for maintenance, modification, or improvement, preferably outside office hours. We are not liable for resulting damage.
9.2 We may modify systems or functionality from time to time to improve performance or fix errors. Major functional changes will be notified. No compensation is due for inconvenience caused by such adjustments.
9.3 In the event of unavailability, The Good Cloud will inform You of the expected duration.
9.4 Neither Party is required to fulfil obligations if prevented by force majeure under Article 6:75 of the Dutch Civil Code. Force majeure includes failures of the internet, DDoS attacks, power outages, strikes, war, flooding, import or export restrictions, or supplier failure.
9.5 If force majeure lasts longer than thirty (30) days, either Party may terminate the Agreement without liability.
10. Intellectual property rights
10.1 All intellectual property rights relating to materials, software, designs, documentation, and reports developed or provided under the Service are owned exclusively by The Good Cloud or its licensors.
10.2 You acquire only non‑exclusive, non‑transferable usage rights within the scope of the Agreement.
10.3 You may not remove or alter copyright or confidentiality notices from materials provided.
10.4 You warrant that no third‑party rights oppose the materials or data You provide to The Good Cloud.
10.5 Each Party retains rights to its own data and materials. The other Party may not exploit such data beyond what is agreed.
10.6 Neither Party may claim rights to the intellectual property of the other.
11. Confidentiality
11.1 Both Parties shall treat all confidential information as such and ensure that their employees and third parties do the same. The existence and content of the Agreement are confidential.
11.2 Confidential information may only be used for performance of the Agreement.
11.3 Confidentiality does not apply to information that was public or lawfully obtained from third parties.
11.4 Each Party may disclose information if legally required, notifying the other Party where possible.
11.5 The Good Cloud shall not access Your stored data unless necessary for service performance or required by law.
12. Processing of personal data
12.1 You are responsible for fulfilling all obligations under data‑protection law (e.g., GDPR).
12.2 For Your personal data required to use the Service, The Good Cloud acts as processor; for consumer accounts, The Good Cloud acts as controller.
12.3 For business customers hosting third‑party data, You act as controller and The Good Cloud as processor under Annex I.
12.4 You warrant lawful processing and indemnify The Good Cloud against related claims or fines. The Good Cloud maintains a public list of sub‑processors and will notify You of intended additions.
13. Applicable law and jurisdiction
All rights and obligations are governed by the laws of the Netherlands. Disputes fall under the courts of Amsterdam, unless otherwise required by mandatory law. For consumers, this choice of forum does not limit Your rights under EU consumer‑protection law.
14. Revisions of the Terms
14.1 The Good Cloud may amend these Terms from time to time.
14.2 Amendments also apply to existing Agreements, thirty (30) days after publication or notice, unless of minor importance (which apply immediately).
14.3 If You do not accept an amendment, You may terminate the Agreement within ten (10) working days after it takes effect.
15. Final provisions
15.1 If any provision is invalid, the remainder shall remain in force; Parties will replace invalid provisions with legally valid ones reflecting the original intent.
15.2 Both Parties shall promptly inform each other in writing of changes in contact or bank details.
15.3 You cannot transfer rights or obligations without prior written consent. However, We may transfer our rights without Your consent.
15.4 Complaints regarding performance must be submitted in writing to support@thegoodcloud.nl. Parties shall first attempt an amicable solution. Consumers may also use the EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr.