Welcome to fileee! Below you will find our General Terms and Conditions for Business Customers. The general terms and conditions define which services we commit ourselves to and which rules apply when using fileee. If you are a private customer, these TOS apply to you.
SHORT DESCRIPTION FILEEE
ORGANIZE DOCUMENTS WITH THE FILEEE APPS
We, the team of fileee, want to establish a completely new way of managing your documents and have developed various applications for your electronic devices. fileee will let consumers and smaller enterprises
store and organize their documents in digital form at one central spot that is accessible from any place you want. Your personal fileee assistant recognizes any important information contained in the documents and will make
possible structuring your documents with tags. Intelligent organization and search options will make it easy to find back any document in the fileee system. fileee allows synchronization of various devices in order to make your documents accessible from any of your registered devices. For further details about the functionalities of fileee visit our website: www.fileee.com.
FILEEE AS A PLATFORM FOR COMMUNICATION WITH OUR PARTNERS
With our C2B-Platform, a solution for enterprises, we offer a platform for communication within fileee. With this platform you and participating companies can securely and directly communicate through fileee. If you
- either become aware of fileee because you are a costumer or prospect of a company that wants to use fileee for their customer communication
- or if you have downloaded a mobile app of a company as a customer or prospect and the company has used the fileee technology to create their mobile app
you might see the company’s logo in the fileee applications or that fileee has been branded in the company’s colors or you might see something else that reminds you of this company. We call those companies and organizations “partners” and those applications “partner applications”. The terms of service (TOS) are independently provided by us, the fileee GmbH, Windthorststraße 68, 48143 Münster. For the usage of fileee you conclude a contract with us. Notwithstanding the above, it might be that there is a requirement of additional agreements between you and our “partner” for the usage of fileee to communicate with our “partner” concerned.
YOU DECIDE HOW YOU WANT TO USE FILEEE
You decide which functionalities of the fileee applications you want to use:
If you want to use fileee exclusively as an electronic mailbox for communication with one of our “partners” (e.g. to transmit a name change or new contact data to the “partner”, to chat with a “partner”, to change an exemption order with a “partner” or to plan real estate financing with a “partner”), then not all provisions of these GTC are relevant for you. Pay attention to the term “fileee Light”, because that is what we call this form of using fileee. Other regulations (e.g. for registration at fileee) do not apply if you only want to use the communication functions of “fileee Light”.
“fileee” with registration (fileee account)
If you want to make use all functionalities of fileee, you need an user account at fileee (fileee account). For this you have to register. The functions of “fileee light” are of course also included. After registering, you can use fileee even more extensively and archive and organize your documents via fileee. In addition to the functionalities of “fileee light”, you will receive a central electronic mailbox via which you can communicate centrally with all connected “partners”.
WHO YOU CAN CONTACT IF YOU HAVE ANY QUESTIONS
If you have questions about using fileee to communicate with our “partners”, either contact the relevant “partner” directly or use the support forum of fileee; it is available 24 hours a day at www.fileee.com/support/ as well as within the fileee apps. In the support forum of fileee you can also find more information about the additional functionalities after registering for fileee.
For further details about the functionalities of fileee visit our website: www.fileee.com/features.
§ 1 SUBJECT OF THE AGREEMENT
1. fileee provides the “customer” with a technical system via the Internet consisting of software and, if applicable, corresponding applications for (mobile) devices and a storage space also provided online (hereinafter referred to as “system”). The “customer” can use the “system” free of charge (for additional functions with costs see below under 4.). The “customer” can use the “system” for the duration of the contractual relationship with fileee. The functional scope of the “system” is determined by the “customer” himself.
fileee attaches great importance to the protection of the personal rights of “customers” and therefore ensures that data centers are used exclusively within the European Union. The data center selected by fileee is certified for “Tested data center management according to ISO 27001”.
2. “fileee light”
fileee light” is an electronic communication platform. Via these, the “customer” can exchange information with a “partner” of fileee, e.g. to transmit a change of name or new contact data to the “partner”, to chat with a “partner”, to change an exemption order with a “partner” or to plan a real estate financing with a “partner”. A registration for an own fileee account is not necessary. The conclusion of the contract is governed by § 3 para. 1.
3. “fileee free”
“fileee free” may only be used for registration. The active use of “fileee free” by business customers is not permitted.
4. “fileee premium”
Registration is required first. The “customer” must install a fileee app or the fileee app of a “partner” or visit the corresponding website of fileee or a partner. Using this “system”, the “customer” is then given the opportunity to organize documents with the fileee Apps. In addition to the functionalities of “fileee light”, the customer receives a central electronic mailbox via which the “customer” can communicate centrally with all connected “partners”.
In addition, the “Customer” has the option of extending the scope of functions and the possible uses of the “System” by adding additional functions subject to a charge (§ 3 Para. 3).
The use of these additional functions is subject to payment of a fee. Payment can be made monthly or for a longer period in advance (e.g. annually). The prices and possible payment methods for the use of these additional functions are available here: https://www.fileee.com/premium/?lang=en. Some “partners” grant special conditions for the use of these auxiliary functions or even make the free use possible for “customers”, who are at the same time customer of the concerned “partner” – whether a “customer” profits from such special conditions, he experiences at the latest with the reservation of the concerning auxiliary function.
The present provisions contain the general regulations and licensing provisions for the provision of the “system”, which apply to the contracts of fileee listed below. The ordering of apps for mobile devices and the processing of paid in-app orders are additionally subject to the provisions of the operators of the respective app store. In addition, some special features must be taken into account for these apps for mobile devices; these are described below.
§ 2 PARTS OF THE AGREEMENT AND DEFINITIONS
1. Scope of application of these TOS and defence clause
The general terms and conditions of fileee apply exclusively. General Terms and Conditions of the “Customer” shall not become an integral part of the contract. Additional supplementary conditions for the use of fileee, which have been agreed between “partners” and “customers” or which make “partners” mandatory for the use of fileee for communication with “customers”, remain unaffected in the relationship between “partners” and “customers”.
a. “Software” means the (computer) programs provided, namely the web server application “fileee” and the mobile applications for mobile end devices in their respective versions provided to the “Customer”.
“The “customer” is the user of the “software” who is entitled to use the software as a contractual partner of fileee.
c. “third parties” are anyone else who has not been granted any rights to use the “system” by fileee.
d. “Data” are data that the “customer” creates with the help of the “system” and/or processes using the services and products provided by fileee under the contract.
e. “Node” is the transfer point from the data center of fileee to data networks that are not legally assigned to fileee, in particular the Internet.
f. “System” is the “Software” and the storage space provided to the “Customer” as described in § 1.
g. “availability” means the availability of the contractual services at the “node”, scaled to the current availability per month, less the agreed interruptions such as in particular the “maintenance windows”.
h. “Maintenance windows” are the times during which, as a result of maintenance or repair work, the contractual services are not available to the “customer” at the “node”, as agreed, or only to a limited extent.
3. Special regulations for mobile applications
If the “customer” downloads a mobile fileee-application he does not enter a contract with Google Inc., Google Ireland Ltd., Google Commerce Ltd., Google Asia Pacific Pte. Ltd. or any other corporation of the Google group of companies (in the following “Google”) or Apple Inc. or any other corporations of the Apple group of companies (in the following “Apple”).
Only fileee and no other company is responsible for maintenance- and support-services or error- handling towards the client regarding the “software”.
§3 CONCLUSION OF THE AGREEMENT AND CONTRACTUAL TEXT
How the contract for the use of fileee is concluded depends on the scope of functions the “customer” wishes to use:
a. For the use of the functions of “fileee light”, § 3 para. 1 applies to the conclusion of the contract.
b. The conclusion of the contract §3 paragraph 2 and 3. applies to the use of the fee-based functionalities of “fileee Premium”.
1. Use of “fileee light”
The “Partner” proposes to the “Customer” the conclusion of a contract for the use of “fileee light”. For this purpose, he shall send the “Customer” an invitation to use “fileee light”. The invitation does not have to be issued personally, but can also be a general invitation, e.g. to visit a website, on which the “customer” himself can request the use of the “fileee light” functionalities from the “partner”.
In order to start communication with the “Partner” via “fileee light”, the “Customer” does not have to provide any personal information to fileee. However, the “customer” must accept the present General Terms and Conditions of fileee. The “customer” can view fileee’s general terms and conditions and save them permanently.
It is also possible that the respective “partner” may request a further agreement with the “customer”. In such a case, “fileee light” can only be actually used for communication between the “customer” and the “partner” after the conclusion of such a further agreement with the “partner”.
2. registration for “fileee free
a. In the first step, the “customer” logs in and registers. He enters his e-mail address and assigns a secure password for access to fileee. Access to fileee can also be provided via web portals of other providers; in these cases, the “customer” can initially use his access data for the web portals of these other providers to register with fileee. In any case, the “Customer” must have the opportunity to read the GTC and the data protection regulations before registering. He concludes this process by confirming a button with a corresponding label (e.g. “Create account”). From this moment it is no longer possible to correct errors and entries of data relevant for the conclusion of the contract. The contract is concluded. For the sake of clarity, it should be noted that the password and user name can in principle be changed at any time, even after the contract has been concluded. fileee recommends that the password be changed regularly for reasons of data security.
b. The “Partner” proposes to the “Customer” the conclusion of a contract for the use of fileee. For this purpose, he sends the “Customer” an invitation to use “fileee Premium”. If the customer accepts the invitation, he can register as described in § 3 para. 2 a. above. The invitation does not have to be issued personally, but can also be a general invitation, e.g. to visit a website, on which the “Customer” himself can apply to the “Partner” for the use of the functionalities of “fileee Premium” and register for “fileee Premium” as described under § 3 para. 2 a. for this purpose.
c. The “Customer” would like to suggest to a “Partner” the use of “fileee Premium” for communication with each other. The “customer” can find participating “partners” within fileee and request communication with them. The “customer” can also download a “partner application” (mobile app, web application) of the “partner” from selected “partners” or visit the corresponding website. In order to use “fileee Premium”, the “Customer” must first register as described in § 3 para. 2 2 a. above.
However, it is possible that the “partner” in question may require a more extensive agreement with the “customer”. In such a case, the partner application of “fileee Premium” can only be actually used for communication between the “Customer” and the “Partner” after the conclusion of such a further agreement with the “Partner”.
By the way: A communication with the “partner” is then not only possible via the “partner application”, but also always with the regular fileee applications.
3. Booking additional functions with costs (“fileee Premium”)
The “Customer” has the option of activating individually named subscriptions with additional functions for use within the profile settings which are set up in the “Software”. The order of such additional functions requires the confirmation of the registration data according to paragraph 2 by the “customer” and in particular also the determination whether the “customer” wants to use fileee exclusively for private or (also) for purposes of his business.
The use of these additional functions is subject to payment of a fee. Payment can be made monthly or for a longer period in advance (e.g. annually). Prices and information on possible payment methods for the use of these additional functions can be found on the website in the “Premium” section, as can information on the spatial usage restrictions of the “System”. Some “Partners” grant special conditions for the use of these additional functions or even allow free use for “Customers” who are also customers of the “Partner” concerned – whether a “Customer” benefits from such special conditions is communicated to him at the latest when booking the additional function concerned. The invoice amount due can only be paid by the payment methods listed in the “Software”. Payment methods not listed will not be accepted. The “Customer” receives information on the accepted means of payment and the spatial usage restrictions of the “System” before the start of the ordering process. When booking additional functions via in-app purchases and certain “partner applications”, billing may be made directly via the operator of the relevant app store or via the relevant “partner”; the “Customer” will be informed of this during the ordering process.
The activation takes place by clicking on the button “Buy now” or similar meaningful formulation next to the selected additional function. The “customer” then has the option of correcting input errors by aborting and restarting the order process or via the editing function. Only after a repeated confirmation the activation takes place directly in the program, and the “customer” can use the functionalities of the auxiliary function.
He will then receive a confirmation e-mail to the e-mail address stored in the user profile. This confirmation e-mail once again contains the General Terms and Conditions of fileee applicable to use as well as an instruction on the consumer’s right of withdrawal.
fileee also stores the contract text permanently and sends the “customer” the order data and the general terms and conditions on request at any time by e-mail.
With the “Analysis Improvement” program, the “Customer” can also actively contribute to the improvement of the automatic functions of the “Software” by authorizing fileee to fully read and permanently store individual “Data” uploaded to the “System” for each “Data”. For this, the “Customer” receives free bonus documents, i.e. additional free storage space on the “System”. By releasing the “data” for the purpose of “improving the analysis”, the “customer” declares that he has all the rights necessary for this and that he has complied with all the data protection regulations concerning this release. The use of the “analysis improvement” is absolutely voluntary and not mandatory for the use of fileee. Further information on “Analysis Improvement” can be found here.
§ 4 LETTING OF THE “SYSTEM”
1. fileee leaves the “system” designated in the order to the “customer” for the term of this contract. The technical details result from the Service Description of the fileee system.
2. The “system” shall be left for the following contractual use: The “customer” may use the “system” to organize his own or third-party files. The functional scope of the “system” is derived from the Service Description . The “system” is accessible with any standard, state-of-the-art browser. The system environment required for the operation of the apps results from the performance description of the respective App Store.
§ 5 DATA TRANSPORT
1. fileee is obligated to undertake reasonable efforts to make sure the accessibility of the “customer’s” Data and the Software in the world-wide-web via the Internet or any other network agreed in the order within the agreed times of performance and considering the agreed Availability and the Inspection Windows. “Accessible” shall mean that the “customer” can load the Data and the Software into the RAM of his computer and thereby access the Data stored and processed in the fileee data center. fileee shall, however, not be held responsible for the successful access in the event that the “customer” does not only use fileee’s own data network including the ports to third party data networks. If access shall be granted using the Internet, fileee shall, therefore, only be obliged to route the signals into the publicly accessible Internet, but shall not be held responsible for the “customer’s” ability to access such Data at any time and at any place. The omnipresent and ubiquitous access to the Data and the Software stored in the fileee data center cannot be warranted by fileee due to the structure of the Internet itself and the fact that fileee neither chooses the operators or agents of third party data networks nor has any factual power of control regarding these data networks and/or their operators or agents.
￼Upon confirmation the additional feature will be activated directly in the program and the “customer” may use the additional functionalities. The “customer” will receive a respective confirmation to the e-mail address entered within the registration procedure containing the applicable General Terms and ￼Conditions of fileee and the information on the consumer right of withdrawal.
2. The Availability of the System shall usually be granted in a 24/7 mode but only within fileee’s technical and operational possibilities. The System will, therefore, not be available during the Inspection Windows as well as in the event of technical or other interruptions beyond fileee’s control (force majeure events, third party faults etc.) cutting off the data center from the Internet.
§ 6 CUSTOMER'S DUTIES
1. If the “customer” does not fulfill his duties to co-operate set out hereinafter fileee reserves the right to refrain from executing its contractual obligations. fileee is entitled to extraordinary termination of the agreement if the “customer” still does not fulfill his co-operation duties after receiving a formal warning. If the “customer” is in breach of his co-operation duties, fileee will not be in default.
2. The “Customer” must in any case ensure that he has the necessary rights to make the information uploaded by him in the “System” known to the fileee and/or other users. Data protection or confidentiality concerns of persons or companies may be affected. This applies in particular to personal data of third parties which the “Customer” processes using the “System”. The aforementioned duties of inspection and due diligence of the “Customer” shall apply in particular if the “Customer” permanently provides fileee “Data” for the purpose of “Improvement of Analysis”.
3. If there should be disturbances during the use of the “system”, the “customer” will inform fileee of these disturbances immediately. In any case, a malfunction report of the “Customer” must contain the following information:
a. “Customer’s” name or user name
b. Place of performance (address, postal code, town),
c. Description of the malfunction (temporary or permanent),
d. Impact of the malfunction (i.e “What can we tell about the malfunction?”).
The “customer” can use the support portal for said notification that is available under the URL: https://fileee.zendesk.com/home 24 hours a day. The “customer” may also notify fileee about a defect by sending an e-mail to firstname.lastname@example.org.
4. When creating a personal password for the access to the System, the “customer” is obliged to observe the required secrecy measurements by creating a secure password containing numbers, letters and special characters.
5. The “customer” is obliged to keep confidential the provided access data and to store a forementioned data safely in order to avoid any access to either the data or the server by unauthorized Third Parties. The “customer” has to change the personal password on a regular basis, e.g. once a year; this right must not be granted to any Third Party using the “customer’s” Internet connection with the “customer’s” knowledge and will. In the event of a breach of these obligations the “customer” is obliged to omit a further breach, to compensate fileee from any damages incurred or incurring in the future by that particular breach and to indemnify fileee from any Third Party claims for damages or reimbursement of expenditures arising out of the particular breach; this includes the obligation to indemnify fileee from any costs for the legal protection connected with the particular breach, including but not limited to court and attorney’s fees. fileee, however, reserves all other rights, especially to block the “customer’s” access and to extraordinary termination of the agreement.
6. The “customer” shall be solely responsible for the observance of his electronic mail accounts used for the transmission of electronic messages. fileee does not bear an obligation to monitor the “customer’s” respective activities. The “customer” is obliged to keep up-to-date the information entered within the registration procedure, including but not limited to the contact details (name, email address, phone number). Therefore, the “customer” is obliged to edit his user data without undue delay in the event said information has changed. Should the “customer” not be able to edit his user data, he is obliged to submit the respective new data to fileee by e-mail.
§ 7 TEMPORARY BLOCKING, RESERVATION OF RIGHTS
1. To protect the “customer”, fileee will temporarily block the access to a user account if, within a short space of time, an incorrect password has been entered for the respective user name four consecutive times. In such event the account will not be accessible for a span of time. If an incorrect password is entered when attempting to login for the first time after the unblocking, the account will be permanently blocked. To reactivate the account, the “customer” has to write a respective e-mail to the address email@example.com containing a request for the unblocking. Only thereafter, the “customer” may create a new password following a link and reactivate his account.
2. Furthermore, fileee reserves the right to temporarily block the “customer’s” access to the System in the event of a probable cause of the illegal upload of content by the “customer” or the illegal processing of Data. For the avoidance of doubt, an illegal use within the meaning of this section shall be given in the event that the “customer” uses the System for the processing of personal data of Third Parties without their consent or if not legally permitted.
3. fileee may exclude the “Customer” from further participation in the “Analysis Improvement” if there is sufficient suspicion that the “Customer” has provided fileee with “Data” for the purpose of “Analysis Improvement” on a permanent basis, without the “Customer” having the necessary rights to do so, or without the “Customer” having been authorized under data protection law to do so.
4. The suspension referred to in paragraph 2 shall be lifted as soon as the suspicion is confirmed and/or a judicial and/or administrative decision has been taken.
5. The user is not permitted to intentionally return incorrect information to fileee during the check or supplement of the information recognized by fileee’s text analysis, as this can lead to a deterioration of the fileee service. Should the user repeatedly deliberately transmit incorrect information to fileee, fileee is entitled to block the user’s access partially or permanently with prior notice.
§ 8 WARRANTY
1. For the free use of the System, fileee bears the warranty obligations in accordance with the respective provisions of the law, i.e. fileee’s obligations are limited to gross negligent, willful and fraudulent behavior.
2. For the additional payable features (§ 3 (3)), the following warranty provisions shall apply in deviation from section 1 above:
a. The target condition of the additional features is set out in the respective performance description.
b. fileee is obligated to subsequent performance in the event of a defect. Subsequent performance may be carried out at fileee’s discretion by either handing over new software free of defects or rectifying the defect; the provision of a workaround circumventing the defect shall be deemed a rectification of the defect, but only if the acceptance thereof would be reasonable for the “customer”.
c. Defect of title: In the event a third party asserts a claim barring the contractual use of the Software, the “customer” shall immediately notify fileee respectively. He hereby authorizes fileee to carry on the dispute judicially or extra-judicially alone. fileee is obligated to ward off the claims at its own costs and to indemnify the “customer” from all costs and damages related to the defense against the claims insofar as these costs and damages have not been caused by the “customer’s” breach of duty.
d. The right to terminate due to the non-granting of the contractual purpose (§ 543 (2) 1 German Civil Code – Bürgerliches Gesetzbuch) is only permitted if fileee has had adequate opportunities but, however, failed to cure the defect, if the elimination of the defect is impossible, if fileee refuses or unacceptably delays execution, if the prospects of success can be reasonably doubted or if adherence to the agreement is unacceptable for the “customer” due to any other reason.
e. The “customer” does not have the right to eliminate the defects himself and then
request compensation for the thereby incurred expenditures. The “c ustomer’s” warranty rights shall be excluded if the “customer” has modified or let be modified the Software without fileee’s consent and cannot prove that such modification does not have an unreasonable impact on fileee’s ability to analyze and rectify the defect. However, the “customer’s” rights shall remain unaffected in the event that the “customer” was entitled to carry out a modification, especially in accordance with the lessee’s right to remedy a defect himself (§ 536a (2) German Civil Code – Bürgerliches Gesetzbuch), and if such modification has been carried out with due care and is reasonably documented.
f. For any claims for damages or the reimbursement of expenditures the limitations set out in § 9 below shall apply.
g. The statute of limitation for all warranty claims is 12 months and shall begin with the end of the year in which the “customer” knows the defect or gross negligently does not know; the same statute of limitation shall apply for any other claim asserted against fileee. This shall not apply for claims for damages due to a defect of the Software that was caused willfully or gross negligently, if the defect was fraudulently concealed, if damages were incurred to life, limb or health, or in the event of a breach of a guarantee; in these cases, the statute of limitation in accordance with the provisions of the law shall apply; this shall also apply for claims based on the German Product Liability Act (Produkthaftungsgesetz).
3. Special regulations for mobile applications
a. Regulations for Android-Apps
Every “customer” has the right to request reimbursement for the additional functions of the “software” from Google within 48 hours. Any other rights regarding the general terms of the payment-processor are not affected. Furthermore, Google is not responsible for the quality of the “software” and is not the right recipient for any warranty-services or claims for damages. Every support and warranty-services, especially problems and error reports of the “software”, should be communicate directly with fileee. Fileee guarantees to answer requests regarding the chargeable additional functions within three working days. According to the developer – guidelines of Google every other reaction-time will not be affected from this.
b. Regulations for iOS-Apps
Every “customer” has the right to request reimbursement for the additional functions of the “software” from Apple if the “software” does not meet the agreed quality.
Furthermore, Apple is not responsible for the quality of the “software” and is not the right recipient for any warranty-services or claims for damages. “software” and is not the right recipient for any warranty-services or claims for damages. Every support and warranty-services, especially problems and error reports of the “software”, should be communicate directly with fileee.
§ 9 LIABILITY
1. The use of the system is free of charge. Therefore, fileee’s liability for the contractual use of free services shall be excluded unless damages have been incurred due to fileee’s willful, fraudulent or gross negligent behavior.
2. If and to the extent that the “customer” uses additional and payable features of the System (§ 3 (3)), the liability shall be governed by the following provisions:
a. fileee shall not be held liable for damages due to the loss of data or for damages incurred because the “customer” cannot productively use the System if these damages were caused due to the fact that the “customer” has neglected to secure the Software and any Data processed with the Software in reasonable periods of time using methods in accordance with the respective current and established state of technology.
b. The liability for claims for negligently caused damages or the reimbursement of expenditures – regardless of their origin – shall be limited to the amount typical for the agreement and foreseeable for the parties at the time the agreement was concluded. The same shall apply for claims for damages or the reimbursement of expenditures that arise out of a negligently caused defect. The statut e of limitation for the afore-described claims is 12 months and shall begin with the end of the year in which the “customer” knows the defect or gross negligently does not know. This shall not apply for claims for damages that were caused willfully or gross negligently, if damages were incurred to life, limb or health, or in the event of a breach of a guarantee; in these cases, the statute of limitation in accordance with the provisions of the law shall apply; this shall also apply for claims based on the German Product Liability Act (Produkthaftungsgesetz). Due to the almost limitless possibilities of different hardware and software configurations of computers and mobile devices, fileee cannot warrant the compatibility of the additional features to any and all possible individual configurations of the “customer’s” devices. Therefore, the compatibility is only warranted for the configuration(s) set out in the performance description.
§ 10 FORCE MAJEURE
1. If fileee is obstructed in the fulfillment of its obligations through unforeseeable and extraordinary circumstances that cannot be averted with due diligence, for example interruption of operations, regulatory interferences, power supply problems, virus attacks, DoS attacks, strikes or lock-outs, the delivery period shall be extended for a reasonable time and for a maximum period of eight weeks if the delivery or service does not become an impossibility of performance. This shall apply in the event that such circumstances affect either fileee or one of its suppliers. A contractual performance shall be deemed impossible if its execution is hindered by the same and uninterrupted event of force majeure for a period of time extending eight weeks.
2. If it becomes impossible to deliver or provide the services due the circumstances specified above for a period of time extending eight weeks, fileee shall be freed from its obligation to carry out contractual performance. The “customer’s” right to cancel or rescind the agreement shall remain unaffected if, otherwise, the “customer” would incur unreasonable detrimental impacts.
§ 11 GRANTING OF RIGHTS OF USE TO CUSTOMER'S WORKS
1. For the purposes of creating data backups the “customer” grants fileee the non-transferable, non- exclusive, non-perpetual right to reproduce contents stored by the “customer” that can be subject to intellectual property rights (texts, pictures, data, databases etc.) in an adequate number of backup copies.
§ 12 LICENSE TERMS FOR THE SOFTWARE
1. Subject of these license terms is the Software described in the agreement in the version current at the time the agreement is concluded. These license terms shall also apply to any other version of the Software, including new versions, upgrades and updates.
2. The “customer” does not have the right to change, to remove or to circumvent any references to intellectual property rights from the Software, particularly but not limited to any copyright notices or trademarks as well as any serial numbers, license codes or protection mechanisms.
4. The “customer” may only grant Third Parties the rights of use for commercial purposes with fileee’s express consent. The sub-letting of the Software is prohibited.
5. Special regulations for mobile applications:
The „customer“ insures that he is no member of a state that is subjected to an US embargo or that is classified as a terrorism-supporting country. The „customer“ also insures that he is not registered on any USA prohibition list.
§ 13 TERM AND TERMINATION
a. The usability of the free versions “fileee light” is agreed for an indefinite period of time.
b. The “Customer” may terminate the use of these functionalities at any time by making a corresponding declaration to fileee or – with regard to communication with a “Partner” – also by making a declaration to this “Partner”. The “customer” can also terminate the use of “fileee Premium” by unsubscribing his user profile.
c.fileee can only declare such a termination by setting a time limit which takes into account the interests of the “customer” in securing his “data” stored with fileee elsewhere in an appropriate manner or in maintaining the possibility of communication with a “partner”.
2. If “additional functions” are activated, the following applies: The contract for the use of the respective “additional function” is concluded for an indefinite period. Each party has the right to terminate the contract by declaration in text form (e-mail or other electronic declaration, also directly within the fileee applications) to the end of a calendar month. Prepaid fees will not be refunded in the event of termination by the “Customer”.
3. The right of each contracting party to terminate the contract extraordinarily and without notice for good cause remains unaffected. For fileee, an important reason exists in particular in any case in which the “customer” violates essential contractual obligations, in particular the contractual obligation to observe the right when using the contractual services of fileee and not to immediately remedy this violation even after a warning or notification of the blocking of the contents by fileee.
4. The right of use for the terminated user profile ends when the termination takes effect. The fileee is therefore permitted to block the corresponding user name and/or password.
5. 30 days after termination of participation by the “customer”, fileee is entitled to irretrievably delete all “data” created within the framework of the use of the services of fileee. Any longer statutory or other retention periods for all or certain data stored by the “Customer” shall remain unaffected by this. Until the expiry of this period, the “Customer” has the possibility at any time to download all “data” stored in the “system” of the fileee in a common format and thus to ensure access to the digitised documents also in the future.
6 Special regulation for Android Apps:
The “Customer” shall be entitled to carry out any number of new installations of the “Software”. This does not apply if and to the extent that the “Software” has been permanently removed from the Google Play Store due to (i) the alleged or actual infringement of copyrights, trademarks, patents, trade secrets or product design or other industrial property rights of any person, (ii) the alleged or actual defamation, (iii) the alleged or actual infringement of personality rights or exploitation rights of third parties or (iv) other alleged or actual infringement of applicable laws by the “Software” by Google or fileee; a new installation is then no longer possible.
§ 14 DATA PRIVACY
fileee points out that the storage of personal data in the “system” constitutes order data processing within the meaning of Article 28 DSGVO and § 62 BDSG. fileee offers the “customer” the conclusion of a corresponding agreement on order data processing. In view of the responsibility of the “customer” for the lawful handling of personal data entrusted to him, fileee strongly recommends the conclusion of this agreement.
§ 15 SECERECY
1. fileee assures the “customer” that all information, documents and data that fileee receives or gains knowledge of from the “customer”, or that come to the attention of fileee within the course of the co- operation (“Confidential Information”) will be treated as entrusted company secrets and shall not be given to Third Parties or otherwise exploited. This shall not apply as long as and insofar as this information, these documents and data
a. were known to fileee before the obligation of non-disclosure was entered into or
b. are publically known or become publically known without either party being responsible for the information becoming publically known or
c. was passed on or provided lawfully to the receiving party by a Third Party that was given consent by the disclosing Party in writing to disclose the confidential information or
d. must be disclosed in accordance with provisions of law, or administrative regulations, or in accordance with an uncontestable court decision if the receiving party informs the
disclosing party immediately of the obligation and limits the scope of the disclosure as far as possible.
2. The provisions of this section shall be applicable without exception for all fileee employees commissioned with the execution of the agreement.
3. If the “customer” participates in the “Analysis Improvement”, fileee’s obligation of secrecey applies indefinitely, even beyond the term of contract.
§ 16 GENERAL PROVISIONS
1. contract language is German.
2. Should any provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected thereby.
3 The parties agree that the laws of the Federal Republic of Germany shall apply to all legal relationships arising from this contractual relationship.
4. if the “customer” has no place of jurisdiction within Germany or if the “customer” is a merchant, a public corporation or a special fund under public law, Frankfurt am Main shall be agreed as the place of jurisdiction for all disputes arising within the framework of the execution of this contractual relationship. fileee shall also be entitled, notwithstanding this, to bring an action before the court having jurisdiction for the registered office of the “customer”.
5. special regulation for mobile apps:
The parties agree and acknowledge that Google is the third party beneficiary of this Agreement with respect to Android Apps and Apple is the third party beneficiary of this Agreement with respect to iOS Apps, and that Google and Apple are entitled to enforce any claims under this Agreement against the “Customer” as the third party beneficiary.
- 13. November 2019: Business TOS
- 01. September 2016: Business TOS
Münster, 13. November 2019