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fileee GTC

Welcome to fileee! Below you will find our General Terms and Conditions (GTC). The GTC define the services we commit to and the rules that apply when using fileee. If you are a business customer, the following business terms and conditions apply to you.
SHORT DESCRIPTION FILEEE

ORGANISE DOCUMENTS WITH THE FILEEE APPS

We, the fileee team, want to establish a completely new way of dealing with documents and have developed corresponding apps for a wide range of devices. With fileee, you can digitally archive and organise your documents in one central location and access them from anywhere. Your personal assistant fileee automatically recognises all important information of the respective documents and enables you to create a clear structure with tags. With the help of fileee, documents can be found quickly and easily thanks to intelligent organisation and search functions. Synchronisation allows you to access and work with your documents and information on all your connected devices.

FILEEE AS A COMMUNICATION PLATFORM WITH OUR PARTNERS

With fileee Conversations, a solution for companies, fileee also includes an open communication platform. With this, you and participating companies can communicate directly, easily and securely with each other within fileee. So if you
  • either you have become aware of us through a tip from a company where you are a customer or interested party and would like to use fileee for its customer communication,
  • or downloaded a mobile app from a company with which you are a customer or prospect and which has used fileee as the technology for creating its mobile app,
then you may discover the logo of this company in the fileee applications, that fileee is designed in the colours of this company, or that some other things in fileee remind you of this company. We refer to these companies and organisations as "Partners" within our Terms of Use, and to such applications as "Partner Applications". These Terms of Use are provided independently by us, fileee GmbH, Windthorststraße 68, 48143 Münster, Germany. You therefore conclude a contract for the use of fileee directly with us. Irrespective of this, it may be that a special agreement between you and the "partner" in question is necessary for the use of fileee for communication with our "partners".

YOU DECIDE HOW YOU USE FILEEE

It is up to you to decide which functions of the fileee applications you 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 details 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"), 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 registering with 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 use all the possibilities of fileee, you need your own user account with fileee (fileee account). You have to register for this. The functions of "fileee light" are of course also included. After registering, however, you can use fileee much more extensively and archive and organise your documents via fileee. In addition to the functionalities of "fileee light", you will also receive a central electronic mailbox through which you can communicate centrally with all connected "partners".

WHO YOU CAN CONTACT WITH QUESTIONS

If you have questions about using fileee to communicate with our "partners", either contact the "partner" directly or use the fileee support forum; it is available 24 hours a day at fileee.com/support and also within the fileee apps. In the fileee support forum you can also find out about the additional possibilities after registering for fileee.
You can find a detailed functional scope of fileee at: https://www.fileee.com/features

§ 1 OBJECT OF REGULATION

  1. fileee provides the "customer" with a technical system via the Internet that consists of software and, if applicable, corresponding applications for (mobile) end devices and a storage space that is also provided online (hereinafter referred to as "system"). The "Customer" may use the "System" free of charge (for additional functions subject to a charge see below under 4.). The "Customer" may use the "System" for the duration of the contractual relationship with fileee. The scope of functions of the "System" is determined by the "Client" itself.
    fileee attaches great importance to protecting the privacy rights of its "customers" and therefore ensures that only data centres within the European Union are used. The data centre selected by fileee is certified for "Audited data centre management according to ISO 27001".
  2. "fileee light"
    fileee light" is an electronic communication platform. The "client" can use it to exchange information with a "partner" of fileee, 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 a real estate financing with a "partner". Registration for a separate fileee account is not required. The conclusion of the contract is governed by § 3 para. 1.
  3. "fileee free"
    If the "Customer" wishes to use further functionalities of fileee, registration with fileee is required. For this purpose, the "customer" must install a fileee app or the fileee app of a "partner" or visit the corresponding website of fileee or a partner. By means of this "system", the "customer" is then given the opportunity to organise documents with the fileee apps. In addition, beyond the functionalities of "fileee light", the customer receives a central electronic mailbox through which the "customer" can communicate centrally with all connected "partners".
  4. "fileee premium"
    In addition, the "Customer" has the option of expanding the scope of functions and the possibilities of use of the "System" by means of additional functions for which a charge is made (§ 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 methods of payment for the use of these additional functions are available here: https://www.fileee.com/personal-pricing 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" in question - the "customer" will find out whether he benefits from such special conditions at the latest when booking the additional function in question.
    These terms and conditions contain the general regulations and licensing provisions for the provision of the "System", which apply in each case to the contracts of fileee listed below. The ordering of apps for mobile end devices as well as the processing of paid in-app orders are additionally subject to the provisions of the operators of the respective app stores. In addition, some special features must be observed for these apps for mobile end devices; these are shown in each case below.

§ 2 COMPONENTS OF THE CONTRACT AND DEFINITIONS

  1. Scope of these GTC and defence clause
    The General Terms and Conditions of fileee apply exclusively. General terms and conditions of the "customer" do not become part of the contract. Additional supplementary terms and conditions for the use of fileee, which have been agreed between "Partner" and "Customer" or which "Partner" makes mandatory for the use of fileee for communication with "Customer", remain unaffected in the relationship between "Partner" and "Customer".
  2. Definitions
    1. "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".
    2. "Customer" is the user of the "Software" who is authorised as a contractual partner of fileee.
    3. "Third Party" means any other person to whom no rights to use the "System" have been granted by fileee.
    4. "Data" means data that the "Client" creates with the help of the "System" and/or processes by means of the contractually provided services and products of fileee.
    5. "Node" means the transfer point from the data centre of fileee to data networks that are not legally attributable to fileee, such as in particular the Internet.
    6. "System" means the "Software" and the storage space provided to the "Customer" as described in § 1.
    7. "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".
    8. "Maintenance windows" are the times during which, as a result of maintenance or repair work, the contractual services are not available to the "customer" as agreed or are only available to a limited extent at the "node".
  3. Special regulation for mobile apps
    If the "Customer" downloads a mobile fileee App, the following applies: This contract does not establish any legal relationship between the "Customer" and - in the case of Android Apps - Google Inc, Google Ireland Ltd, Google Commerce Ltd, Google Asia Pacific Pte. Ltd. or any other company of the Google group of companies (hereinafter "Google") and - in the case of iOS Apps - Apple Inc or any other company of the Apple group of companies (hereinafter "Apple").
    In particular, fileee is solely responsible to the "Client" for any maintenance or support services or bug fixes regarding the "Software".

§3 FORMATION OF THE CONTRACT AND WORDING OF THE CONTRACT

How the contract for the use of fileee comes about depends on the scope of functions the "customer" wishes to use:
  1. For the use of the functions of "fileee light", § 3 para. 1 applies to the conclusion of the contract.
  2. For the use of the functions of "fileee free", § 3 para. 2 applies to the conclusion of the contract. In this context, 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 the "customer" in turn wishes to suggest to a "partner" the use of fileee for communication (see para. 2 c.).
  3. For the activation of additional functions subject to a charge ("fileee premium"), § 3 para. 3 shall apply. The prerequisite for the use of "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". For this purpose, 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" can request the use of the functionalities of "fileee light" from the "partner".
    In order to start communication with the "Partner" via "fileee light", the "Client" does not have to provide fileee with any personal information. 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 "Client". In such a case, "fileee light" can only actually be used for communication between the "Client" and the "Partner" after such a further agreement has been concluded with the "Partner".
  2. Registration for "fileee free
    1. 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 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 a corresponding label (e.g. "Create account"). From this moment on, it is no longer possible to correct errors and entries of information relevant to 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 regularly changing the password for reasons of data security.
    2. 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 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" can apply to the "partner" for the use of the functionalities of "fileee free" and register for "fileee free" as described under § 3 para. 2 a. above.
    3. The "customer" would like to propose to a "partner" the use of "fileee free" to communicate with each other. 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) of the "partner" from selected "partners" or visit the corresponding website. To use "fileee free", the "customer" must then first register as described under § 3 para. 2 2 a. above.
      However, it is possible that the "Partner" in question requires a more extensive agreement with the "Client". In such a case, the partner application of "fileee free" can only actually be used for communication between the "customer" and the "partner" after such a further agreement has been concluded with the "partner".
      By the way: Communication with the "partner" is then not only possible via the "partner application", but also with the regular fileee applications.
  3. Adding additional functions for a fee ("fileee premium")
    The "Customer" has the option of activating subscriptions with additional functions for his own user account or for other user accounts ("Family") within the profile settings of the "Software".
    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 "Pricing" 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 enable free use for "customers" who are also customers of the "partner" in question - the "customer" will find out whether he benefits from such special conditions at the latest when booking the additional function in question. The invoice amount due can only be settled by the payment methods listed in the "Software". Payment methods not listed are not accepted. The "Customer" shall receive information on the accepted means of payment and the spatial restrictions on use of the "System" before the ordering process begins. When booking additional functions via in-app purchases and in the case of certain "partner applications", it may be that billing is carried out directly via the operator of the app store concerned or via the "partner" concerned; the "customer" will be informed of this during the ordering process.
    Activation takes place by clicking on the "Buy now" button or similar meaningful wording next to the respective selected additional function. The "customer" is then given the opportunity to correct input errors by cancelling and restarting the order process or via the editing function. Only after a further confirmation is the activation carried out directly in the programme and the "customer" can use the functionalities of the additional function.
    He will receive a confirmation email to the email address stored in the user profile. This confirmation email once again contains the General Terms and Conditions of fileee applicable to the use of the service as well as instructions on the right of withdrawal to which consumers are entitled (for more details, see § 17).
    Furthermore, fileee stores the text of the contract permanently and sends the order data and the GTC to the "Client" by e-mail upon request at any time.
    The "customer" also has the option of purchasing bonus documents, i.e. additional storage space, if he/she participates in the "Analysis Improvement" programme and allows fileee to analyse individual "data" and store them permanently to improve fileee's automatic document recognition. The use of the "Analysis Improvement" is absolutely voluntary and not mandatory for the use of fileee. Further information on the "analysis enhancement" can be found here.

§ 4 SURRENDER OF THE "SYSTEM

  1. fileee shall provide the "Client" with the "System" designated in the order for the term of this contract. The technical details result from the service description of the fileee system.
  2. The "System" is provided for the following contractual use: The "customer" may organise his own or other files by means of the "system". The scope of functions of the "System" results from the service description. The "System" is accessible with any commercially available, state-of-the-art browser. The system environment required for the operation of the apps results from the service description of the respective app stores.

§ 5 DATA TRANSPORT

  1. fileee owes an effort to ensure that the "data" and the "software" stored by the "customer" in accordance with the contract can be retrieved by the public via the World Wide Web to the extent agreed upon in terms of time, taking into account the agreed upon "maintenance windows" and "availabilities". In this context, the term "retrieved" means that the "customer" can load the "data" and the "software" into the main memory of his computer and has access to his own "data", which is stored and processed for him in the computer centre of fileee. fileee does not assume any responsibility for the success of the retrievability of "software" or "data", unless the network operated by fileee, including the interfaces to third party networks, is exclusively used. If the data transport is carried out via the Internet in accordance with the agreement, fileee only owes the feed of the signals into the publicly retrievable Internet in terms of success, but not that the "customer" can also retrieve the "data" at any time and from locations of his choice. The omnipresent, ubiquitous accessibility of the "software" and "data", which are kept in stock in the data centre for the "customer", cannot be guaranteed by fileee due to the structure of the Internet as well as the fact that it neither selects the operators and intermediaries of the data networks itself nor that there are factual possibilities of control for fileee.
  2. The availability of the "system" exists within the scope of fileee's technical and operational possibilities and therefore regularly around the clock (24/7), but in particular not during downtimes due to maintenance ("maintenance window") as well as times during which the data centre cannot be reached via the Internet due to technical or other problems that are beyond fileee's control (force majeure, fault of third parties, etc.).

§ 6 OBLIGATIONS OF THE CLIENT

  1. If the "customer" does not fulfil the aforementioned obligations in accordance with the contract, fileee is entitled to temporarily not provide the services incumbent upon it and may declare the termination of the contract without notice after prior warning. fileee is not in default as long as the "customer" does not provide the services incumbent upon it.
  2. The "Customer" shall in any case ensure that he has the necessary rights to disclose the information uploaded by him in the "System" to fileee and/or other users. Data protection or confidentiality interests of persons or companies may be affected. This applies in particular to personal data of third parties which the "Customer" processes by means of the "System".
  3. Should malfunctions occur during the use of the "System", the "Client" shall immediately notify fileee of such malfunctions. In any case, a malfunction notification by the "Customer" must contain the following information:
    1. Client name or username
    2. Place of performance (street, number, postcode, town)
    3. Description of the fault (sporadic or permanent)
    4. Performance impairment
    The "customer" can use the fileee help centre 24 hours a day to report faults; it can be reached at fileee.com/support and also within the fileee apps. In addition, the "customer" can report faults by e-mail to support@fileee.com.
  4. The "Client" is obliged to take necessary measures to ensure confidentiality when choosing his personal password to access the system by using a secure password consisting of numbers, letters and special characters. Also, we additionally recommend activating 2-factor authentication in the user profile.
  5. The "customer" is obliged to keep the access data provided to him secret from unauthorised "third parties" and to keep it safe from access by unauthorised "third parties" so that misuse of the data by "third parties" for access is impossible. The personal password must be changed regularly, for example once a year. "Third parties" who use the "customer's" Internet connection with his knowledge and will are not authorised to change the password. If the "customer" violates this obligation, he is obligated to refrain from further violations, to compensate fileee for damages incurred and still to be incurred, and to indemnify and hold fileee harmless from claims for damages and reimbursement of expenses by third parties caused by the violation. The indemnification obligation also includes the obligation to fully indemnify fileee from legal defence costs (court and lawyer fees, etc.). Other claims of fileee, in particular to block the contents and to terminate the contract for cause, remain unaffected.
  6. The "customer" is responsible for the immediate acknowledgement of electronically delivered messages. fileee does not owe any monitoring of the "customer's" usage activities in this regard. The "Customer" is obligated to keep the data entered during registration, in particular but not exclusively the contact data (including name, e-mail, telephone number), up to date. Therefore, the "customer" is obliged to change any change of the data immediately by changing the corresponding entry in the user profile. Should it not be possible for the "Client" to change the data in this way, the "Client" shall immediately send the changed data to fileee by e-mail.

§ 7 TEMPORARY SUSPENSION, RESERVATION

  1. For the protection of the "Customer", fileee will temporarily block access to the user profile if an incorrect password has been entered for the respective user name four (4) times in quick succession. The account is then no longer usable for a certain period of time. If the wrong password is entered again, the account will be blocked permanently. The use of fileee is then no longer possible until the "customer" sends an e-mail to the address support@fileee.com with the request to restore the account. Only then can the "customer" generate a new password via a link and continue using fileee.
  2. fileee is also entitled to temporarily interrupt the "customer's" access to the "system" if there is sufficient suspicion that the "customer" is storing illegal content in the media provided by fileee or distributing it with these media. Unlawful in the sense of this provision is, in particular, the use of the "System" for the processing of personal data of third parties, unless the consent of the person concerned has been obtained or a legal ground of permission applies.
  3. The blocking pursuant to paragraph 2 shall be lifted as soon as the suspicion is rebutted and/or a judicial and/or official decision has been made.
  4. The User is not permitted to intentionally return erroneous information to fileee during the inspection or supplementation of the information recognised by fileee's text analysis, as this may lead to a deterioration of the fileee Service. Should the User repeatedly deliberately submit erroneous information to fileee, fileee is entitled to partially or permanently block the User's access with prior notice.

§ 8 WARRANTY

  1. The warranty for the free use of the "System" shall be governed by the statutory provisions. fileee shall only be liable for gross negligence or malice and intent.
  2. In deviation from para. 1, the following warranty provisions apply to the chargeable additional features (§ 3 para. 3):
    1. The target state of the additional features results from the respective service description.
    2. In the event of material defects, fileee shall first provide warranty by means of supplementary performance. For this purpose, fileee shall, at its discretion, provide the "Client" with a new, defect-free version of the "Software" or remedy the defect; it shall also be deemed to be a remedy of the defect if fileee provides the "Client" with reasonable substitute solutions by delivering new software that avoid the effects of the defect, if their use is reasonable for the "Client".
    3. Defects in title: If a third party asserts claims that conflict with the contractual use of the "Software", the "Customer" shall inform fileee immediately. He hereby authorises fileee to conduct the dispute with the third party in and out of court on its own. fileee is obligated to defend the claims at its own expense and to indemnify the "customer" from all costs and damages associated with the defence against the claim, insofar as these are not based on a breach of duty on the part of the "customer".
    4. A termination of the "customer" pursuant to § 543 para. 2 sentence 1 no. 1 BGB (German Civil Code) due to non-granting of the contractual use is only permissible if fileee has been given sufficient opportunity to remedy the defect and this has failed. The rectification of defects shall only be deemed to have failed if it is impossible, if fileee refuses to rectify the defect or if it is unreasonably delayed, if there are reasonable doubts regarding the prospects of success or if the "customer" cannot reasonably be expected to do so for other reasons.
    5. The "customer" is not entitled to remedy defects himself and to demand compensation for the necessary expenses. The rights of the "customer" due to defects are excluded insofar as the "customer" makes changes to the "software" or has changes made to the "software" without the consent of fileee, unless the "customer" proves that the changes do not have any effects on the analysis and elimination of the defects that are unreasonable for fileee. The rights of the "customer" due to defects remain unaffected, insofar as the "customer" is entitled to make changes, in particular within the scope of exercising the right of self-remedy pursuant to § 536 a para. 2 BGB (German Civil Code), and these changes have been carried out professionally and documented in a comprehensible manner.
    6. The limits set out in § 9 shall apply to the payment of damages or reimbursement of futile expenses due to a defect.
    7. The limitation period for all warranty claims is 12 months and begins at the point in time at which the "customer" was aware of the defects or should have been aware of the defects without gross disregard of the due diligence required in the course of business; the same period applies to other claims, regardless of their nature, against fileee. This does not apply to claims for damages that are asserted as a result of a defect in the software that was caused intentionally or by gross negligence, in the case of fraudulent concealment of the defect, in the case of damage to life, limb and health as well as damage that arises as a result of a breach of warranty promises. The statutory limitation periods apply here, as well as for claims under the Product Liability Act.
  3. Special regulation for mobile apps
    1. Regulations for Android apps
      Without prejudice to the foregoing warranty rules, all "customers" of the "Software" have the right to notify Google within 48 hours of purchase and request a refund of the consideration paid for the additional features for which a charge has been made. Any further rights arising from the terms and conditions of the payment processors remain unaffected.
      Furthermore, Google is not liable for the quality of the "Software" and is also not the addressee of any warranty claims and/or claims for damages of the "Customer". Any other support requests or warranty claims, in particular claims for damages due to such damages that are to be derived from a malfunction of the "Software", are to be directed exclusively to fileee or asserted against fileee. In the case of chargeable additional features, fileee assures to respond to a support request of the "customer" within three working days at the latest. According to Google's developer guidelines, possibly existing shorter response times in favour of the "Client" remain unaffected.
    2. Regulations for iOS apps
      Without prejudice to the foregoing warranty rules, all "customers" of the "Software" have the right to notify Apple and request a refund of the consideration paid for the "Software" if the "Software" is not of the agreed quality. Furthermore, Apple is not liable for the quality of the "Software" and is not the addressee of any warranty claims of the "Customer". Any other warranty claims, in particular claims for damages due to such damages which are to be derived from a malfunction of the "Software", are to be asserted exclusively against fileee.

§ 9 LIABILITY

  1. The use of the "System" is free of charge. Liability on the part of fileee is therefore excluded, unless damage has arisen due to the contractual use of the free content and/or services of fileee and fileee has acted intentionally or fraudulently or with gross negligence.
  2. If and to the extent that the "Customer" uses additional features for the "System" (§ 3 para. 3) against payment, the following provisions shall apply with regard to liability:
    1. fileee shall not be liable for any loss of data or damage resulting from the "Customer" not being able to work productively with the "System", insofar as such damage results from the "Customer" having failed to back up the "Software" and the "Data" processed with it within reasonable periods of time using a means that corresponds to the respective current and proven state of the art.
    2. Liability for claims for damages or reimbursement of expenses for whatever legal reason shall be limited for damages caused by negligence to the contract-typical damage foreseeable for the parties at the time of conclusion of the contract. The same applies to claims for reimbursement of expenses or damages which are asserted as a result of a defect caused by negligence. The aforementioned claims shall become statute-barred 12 months after the "customer" has become aware of the damage or could have become aware of it without gross negligence. With regard to damages resulting from injury to life, limb and/or health and/or the breach of a warranty promise and/or caused by gross negligence or intent, the statutory provisions on the limitation period shall remain unaffected. The provisions of the Product Liability Act shall also remain unaffected.

§ 10 HIGHER POWER

  1. If fileee is prevented from fulfilling its obligations due to the occurrence of unforeseeable, extraordinary circumstances which it cannot avert despite exercising reasonable care, e.g. in the event of operational disruptions, official interventions, power supply difficulties, virus attacks, DDoS attacks, strike or lockout, whether these circumstances occur in the area of fileee or in the area of its suppliers, the period for the performance of the service shall be extended to a reasonable extent, however, by a maximum period of eight weeks, provided that the performance is not definitively rendered impossible. If a performance is excluded even after the expiry of the aforementioned period due to the same uninterrupted force majeure event, this shall be deemed to be impossible.
  2. If the delivery or service becomes impossible for longer than 8 weeks due to the above-mentioned circumstances, fileee will be released from its service obligations. The right of the client to terminate the contract/withdraw from the contract if it would otherwise suffer unreasonable disadvantages remains unaffected.

§ 11 GRANTING OF RIGHTS TO "DATA" OF THE "CLIENT".

  1. The "customer" grants fileee the non-transferable and non-exclusive right, limited in time to the duration of the contract, to reproduce contents (texts, images, data, databases, etc.) provided by the "customer" that are subject to industrial property rights (copyright, trademark rights, etc.) for the purposes of this contract on a sufficient number of backup copies for data backup purposes.
  2. If the "customer" participates in the fileee "Analysis Improvement" programme, he grants fileee the further right with regard to individual "data" released individually by the "customer" to read and evaluate these permanently and also beyond the end of the contract. These rights of fileee are exclusively limited to the purpose of expanding the automatic document recognition of the "software". For the data protection provisions, see § 14 of these GTC.

§ 12 LICENSING TERMS FOR THE "SOFTWARE

  1. The subject matter of these provisions is the "Software" designated in the respective individual contract in the version current at the time of conclusion of the contract. These provisions apply to all versions of the "Software", including full versions, upgrades and updates.
  2. The "Customer" is not entitled to modify, remove or circumvent the "Software" including attached property right notices, in particular copyright notices or trademarks, as well as serial numbers, licence codes or security mechanisms.
  3. Within the framework of the respective individual contract, the "customer" shall receive the non-exclusive right to privately use the "software" provided to him/her for the intended execution of the application for his/her own use. Spatially, the rights of use are transferred limited to Europe.
  4. "Third parties" may only be provided access to the "System" for commercial use with the express consent of fileee. The subletting of the "software" is prohibited.
  5. Special regulation for mobile apps
    The rights of the "Customer" shall be subject to further territorial restrictions going beyond paragraph 3 insofar as the "Customer" represents that he is not a national of a state on which the US government has imposed an embargo or which has been classified by the US government as supporting terrorism. The "Customer" further represents that it is not on any list published by the U.S. government that prohibits or restricts business dealings with such persons.

§ 13 TERM OF CONTRACT AND TERMINATION

  1.       
    1. The usability of the free versions "fileee light" and "fileee free" is agreed for an indefinite period.
    2. 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" may also terminate the use of "fileee free" by deregistering his user profile.
    3. fileee can only declare such a termination by setting a deadline that reasonably takes into account the interests of the "Client" in securing its "Data" stored with fileee elsewhere 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 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 "Client".
  3. The right of each contractual party to terminate the contract extraordinarily and without notice in case of good cause remains unaffected. An important reason for fileee exists in particular in every case in which the "customer" violates essential contractual obligations, in particular the contractual obligation to observe the law when using the contractual services of fileee and does not immediately stop this violation even after a warning or notification of the blocking of the contents by fileee.
  4. When the termination takes effect, the authorisation to use the terminated user profile ends. Therefore, fileee is permitted to block the corresponding user name and/or password.
  5. After the expiry of 30 days following the termination of participation by the "customer", fileee is entitled to irretrievably delete all "data" created within the scope of the use of fileee's services. Any longer legal or other retention periods for all or certain data stored by the "Customer" remain unaffected by this.
  6. Special regulation for Android apps
    The "Customer" is entitled to make any number of new installations of the "Software". This shall not apply if and to the extent the "Software" has been permanently removed from the Google Play Store by Google or fileee due to (i) the alleged or actual infringement of copyrights, trademark rights, patent rights, trade secret rights or product design rights or other industrial property rights of any person, (ii) the alleged or actual defamation, (iii) the alleged or actual infringement of personal rights or exploitation rights of third parties or (iv) the other alleged or actual infringement of applicable laws by the "Software"; a reinstallation shall then no longer be possible.

§ 14 DATA PROTECTION

You can find information about our privacy policy at
https://www.fileee.com/datenschutzbestimmungen/ and at
https://www.fileee.com/sicherheit/.
Any further powers to collect personal data of the "customer" or technical information about the devices used by the "customer" resulting from the terms of use of Google or Apple in favour of Google or Apple, respectively, shall remain unaffected hereby. fileee hereby declares that it is not responsible for these data collections by Google or Apple, respectively. fileee has no influence on the type and scope of the collection, processing and use of this data by Google or Apple, respectively.

§ 15 SECRECY

  1. fileee warrants to the "Client" that during the term of this Agreement it will treat all information, documents and "data" brought to its attention by the "Client" or coming to its attention in the course of the cooperation ("Confidential Information") as trade secrets entrusted to it and will not disclose or exploit them to third parties. This shall not apply as long as and insofar as this information, documents and "data" are
    1. fileee were already known beforehand without any obligation to maintain secrecy, or
    2. are or become generally known without the fault of one of the parties, or
    3. are lawfully communicated or provided to one of the parties by a third party without a duty of confidentiality or have been released in writing for disclosure by the company providing the information, or
    4. are required to be disclosed pursuant to statutory or administrative provisions or on the basis of an unappealable court decision, if the disclosing party is notified of this requirement without delay and the scope of the disclosure is limited as far as possible.
  2. These provisions apply in full to all employees of fileee.
  3. If the "Client" participates in the fileee "Analysis Improvement" programme, fileee's obligation to maintain confidentiality shall apply for an unlimited period of time even beyond the end of the contract.

§ 16 CANCELLATION POLICY

  1. If you are a consumer (i.e. a natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to your commercial nor to your self-employed professional activity), you are entitled to a statutory right of withdrawal when concluding a distance selling contract, which fileee informs you about below in accordance with the statutory model. Please note that in the case of an in-app purchase, you have a right of withdrawal within the respective app store, e.g. Apple App Store or Google Play Store. A sample cancellation form can be found in § 16.2.
    - START OF CANCELLATION POLICY -
    Right of withdrawal
    You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.
    To exercise your right of withdrawal, you must send us
    fileee GmbH
    Windthorststraße 68
    48143 Münster
    Germany
    Email: support@fileee.com
    by means of a clear declaration (e.g. an e-mail or fileee conversation) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
    To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
    Consequences of revocation:
    If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
    If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.
    - END OF THE CANCELLATION POLICY -
  2. According to the legal regulation, fileee informs about the model withdrawal form as follows:
    Sample cancellation form
    (If you wish to revoke the contract, please complete and return this form).
    To:
    fileee GmbH
    Windthorststraße 68
    48143 Münster
    support@fileee.com
    - I (*) hereby withdraw from the contract concluded by me (*) for the purchase of the following goods (*)/provision of the following service (*)
    - Ordered on (*)/received on (*)
    - Name of consumer(s)
    - Address of consumer(s)
    - Signature of consumer(s) (only for communication on paper)
    - Date
    (*) Delete as applicable.

§ 17 GENERAL / FURTHER CONSUMER INFORMATION

  1. The contractual 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 law of the Federal Republic of Germany shall apply to all legal relationships arising from this contractual relationship. This shall not apply insofar as this choice of law would deprive the "customer" of special rights to which he would be entitled under the law of the country in which he is domiciled.
  4. If the "customer" does not have a place of jurisdiction within Germany, the registered office of fileee is agreed as the place of jurisdiction for all disputes arising in the context of the execution of this contractual relationship. fileee is, notwithstanding the foregoing, also entitled to bring an action before the court that has jurisdiction for the registered office of the "customer".
  5. Special regulation for mobile apps
    The parties agree and acknowledge that Google is a third party beneficiary of this Agreement with respect to Android Apps and Apple is a third party beneficiary of this Agreement with respect to iOS Apps, and that Google or Apple, as the case may be, shall be entitled to enforce claims under this Agreement against the "Customer" as a third party beneficiary.

History

24 June 2020: Public GTC
25 March 2020: Public GTC
8 June 2018: Public GTC
8 August 2016: Public GTC
28 March 2016: Public GTC
27 July 2015: Public GTC
1 March 2012: Public GTC
Münster, 16 March 2021
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