fileee TOS

Welcome to fileee! You will find our General Terms and Conditions hereinafter. These General Terms and Conditions comprise our duties towards our users and the conditions under which the use of fileee is permitted.

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:

“fileee light”

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.

§ 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”

If the “customer” wishes to use further functions of fileee, registration with fileee is required. 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”.

4. “fileee premium”

In addition, the ” customer ” has the possibility to extend the scope of functions and the possibilities of using the ” system ” by additional functions with costs (§ 3 par. 3). These additional functions are used for 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/. 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 – if a “customer” benefits from such special conditions, he will find out at the latest when booking the additional function concerned.

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”.

2. Definitions

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”.
b. “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. For the use of the functions of “fileee free”, § 3 para. 2 applies to the conclusion of the contract, whereby some special features must be observed for the conclusion of the contract if the “customer” wishes to use fileee at the suggestion of a “partner” (see para. 2 b.) or if the “customer” in turn wishes to propose the use of fileee for communication to a “partner” (see para. 2 c.).

c. For the activation of additional functions with costs (“fileee Premium”) § 3 Para. 3 applies. fileee Premium” is the registration for “fileee free”.

1. use of “fileee light”

The “partner” proposes to the “customer” the conclusion of a contract for the use of “fileee light”. To do this, he sends 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 apply to the “partner” to use the functionalities of “fileee light”.

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 the general terms and conditions of fileee and save them permanently.

It is also possible that the “partner” in question requires a more extensive agreement with the “customer”. In such a case, “fileee light” can only be used for communication between the “customer” and the “partner” once such a more extensive agreement has been concluded with the “partner”.

2. registration for “fileee free”

a. In the first step, the “customer” logs on 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 also use his access data for the web portals of these other providers to register with fileee. In any case, the “Customer” must confirm that he/she is aware of the GTC and the data protection regulations before registering. He concludes this process by confirming a button with the corresponding label (e.g. “Create account”). From this moment on, it is no longer possible to correct errors and entries that are 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 conclusion of the contract. fileee recommends a regular change of the password for data security reasons.

b. The “partner” proposes to the “customer” the conclusion of a contract for the use of fileee. To do this, he sends the “customer” an invitation to use “fileee free”. If the customer accepts the invitation, he can register as described under § 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 “fileee free” functionalities and register for “fileee free” as described in § 3 paragraph 2 a..

c) The “customer” would like to propose to a “partner” the use of “fileee free” for communication among themselves. For this purpose, 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) from selected “partners” or visit the corresponding website. In order to use “fileee free”, the “customer” must first register as described under § 3 para. 2 2 a. above.

However, it is possible that the “partner” in question requires a more far-reaching agreement with the “customer”. In such a case, the partner application of “fileee free” can only be used for communication between the “customer” and the “partner” after conclusion of such a more extensive agreement with the “partner”.

By the way: 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 set up in the “Software”.

These additional functions are used for a fee. Payment can be made monthly or for a longer period in advance (e.g. annually). . Prices and information on possible methods of payment for the use of these additional functions can be found on the website in the “Premium” section, as well as 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 – if a “customer” benefits from such special conditions, he will find out 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 are not accepted. The “Customer” receives information on the accepted means of payment and the spatial restrictions of use of the “System” prior to the start of the order process. When booking additional functions via in-app purchases and certain “partner applications”, it may be the case that billing takes place directly via the operator of the relevant app store or via the relevant “partner”; the “customer” is informed of this during the ordering process.

The activation is done by clicking on the button “Buy now” or similarly meaningful formulation next to the selected additional function. The “customer” then has the option of correcting input errors by canceling and restarting the order process or via the processing function. Only after a further confirmation the activation takes place directly in the program, and the “customer” can use the functionalities of the additional function.

The user receives a confirmation e-mail to the e-mail address stored in the user profile. This confirmation e-mail contains once again the general terms and conditions of fileee applicable for the use as well as an instruction about the consumer’s right of withdrawal.

fileee also saves the contract text permanently and sends the “customer” the order data and the general terms and conditions by e-mail at any time upon request.

The “customer” also has the option of purchasing bonus documents, i.e. additional storage space, if he participates in the “analysis improvement” program and allows fileee to analyze individual “data” and save them permanently to improve the automatic document recognition of fileee. The use of the “Analysis Improvement” is absolutely voluntary and not absolutely necessary for the use of fileee. Further information on “Analysis Improvement” can be found

§ 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 DATENTRANSPORT

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”, in any case, has to make sure that he has obtained any required permission to disclose the information uploaded in the System to fileee and/or other users. This especially applies to data protection and secrecy obligations towards natural or legal persons as well as for personal data the “customer” may process by using the System.

3. In the event of a malfunction of the System, the “customer” shall notify fileee respectively without undue delay. Such notification has to contain at least 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 support@fileee.com.

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 support@fileee.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. The access must be unblocked as soon as the probable cause has been refuted and/or a court and/or an administrative decision has/have been issued.

4. The user is not allowed to add wrong information intentionally while adjusting the results of the textanalysis because adding those wrong information can deteriorate the textanalysis of fileee. Should the user intentionally add wrong information several times fileee can block the access to the fileee system 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.

2. If the “customer” participates in the “Analysis Improvement”, he gives fileee the right to permanently and beyond the term of contract read-out and analyze singular “Data”, individually released by the “customer”. These rights of fileee are exclusively limited to the purpose of expanding the automatic document recognition of the “Software”. Please see § 14 for the data privacy policy of these TOS.

§ 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.

3. The “customer” is granted the non-exclusive right to use the Software as designated in the respective agreement for his private operations. The territorial terms of use are restricted to Europe.
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 VERTRAGSDAUER UND KÜNDIGUNG

1.

a. The use of the free versions “fileee light” and “fileee free” is agreed for an indefinite period.

b. The “customer” can terminate the use of these functionalities at any time by a corresponding declaration to fileee or – with regard to communication with a “partner” – also by a declaration to this “partner”. The “customer” can also terminate the use of “fileee free” by logging out of his user profile.

c. fileee can only declare such a termination by setting a deadline which takes into account the interests of the “customer” in another backup of his “data” stored at fileee or in maintaining the possibility of communication with a “partner” in an appropriate manner.

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 of time. 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) at the end of a calendar month. Fees paid in advance shall 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. An important reason exists for fileee in particular in every 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 to use the terminated user profile ends when the termination takes effect. The fileee is therefore allowed to block the corresponding user name and/or password.

5. fileee is entitled to irretrievably delete all “data” arising from the use of the services of fileee after 30 days after termination of participation by the “customer”. Any longer legal or other retention periods for all or certain data stored by the “Customer” shall remain unaffected.

6. Special regulation for Android apps
The “customer” has the right to reinstall the “software” as often as he likes. This does not apply if (i) an allegation of infringement, or actual infringement, of any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person, (ii) an allegation of defamation or actual defamation, (iii) an allegation of violation, or actual violation, of any third party’s right of publicity or privacy, or (iv) an allegation or determination that such Product does not comply with applicable law.

§ 14 Data Privacy

Information regarding our Data Protection and Privacy Policy can be found under the following URLs:

https://www.fileee.com/security
https://www.fileee.com/privacy-policy

Any other extensive powers to collect personal data of the “customer” or technical information about used devices of the “customer” will not be affected. Fileee is not responsible for the collection of personal data from Google or Apple.

§ 15 Secrecy

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 a provision of these Terms and Conditions be or become invalid the other provisions shall remain in force.

3. The laws of the Federal Republic of Germany shall govern these Terms and Conditions and the contractual relationship of the parties. This does not apply if the choice of law wo uld withdraw any right of the „customer“ which he is entitled due to his place of residence.

4. The place of jurisdiction for all disputes, which arise in the course of the execution of this contractual relationship, shall be fileee’s place of business if the “customer” is a merchant in accordance with the German Commercial Code (Handelsgesetzbuch), a legal entity under public law, or a special fund under public law and unless binding law constitutes the exclusive jurisdiction of another court. Notwithstanding the aforementioned, fileee may also bring its claims to the court at the “customer’s” place of business.

5. Special regulations for mobile applications
The contracting parties agree that Google and Apple are third party beneficiaries and that Google and Apple are allowed to enforce claims towards the “customer” due to this contract.

History

June 8th, 2018: Öffentliche AGB
August 8th, 2016: Öffentliche AGB
March 28th, 2016: Öffentliche AGB
July 27th, 2015: Öffentliche AGB
March 1st, 2012: Öffentliche AGB



, 8. June 2018