The customer must indemnify Tutao against claims from third parties arising from the customer's culpable conduct or attributable third-party actions, including bearing all associated costs.
The document allows charging fees for account blocking/unblocking and holds customers liable for third-party costs arising from their conduct, creating financial risk without clear cancellation/refund terms.
The document prohibits users from infringing third-party IP (Clause 7.5) but does not explicitly state who owns the user's emails/content. It lacks a clear DMCA agent designation or takedown procedure in this excerpt.
The document grants Tutao broad discretion to block accounts for payment defaults without notice or appeal, imposing fees for unblocking, which creates significant access harm.
The document references German and European laws but does not specify jurisdiction for disputes or arbitration clauses, which are likely in the Terms of Service.
This excerpt focuses on contractual obligations rather than privacy practices. It mentions data accuracy requirements (Clause 6.1) and data loss liability limits (Clause 10.4), but lacks transparency on data collection, sharing, or retention periods. As a German entity, GDPR applies, but these specific clauses do not detail GDPR rights.
Liability is significantly capped. Tutao is only liable for foreseeable damages (10.3) and excludes lost profit (10.5). Liability for data loss is strictly limited to recovery costs (10.4), excluding consequential damages. Force majeure exempts liability (9.3).