SaaS Terms and Conditions and Cancellation Policy for the use of DATAFIX FileTresor

(1) The provider will provide the customer with a data transfer solution, referred to hereinafter as the contractual software.
(2) Our license terms apply to all our offers and services, insofar as they have been included in the contract.
(3) Consumers within the meaning of § 13 of the German Civil Code (BGB) are all natural persons who enter into a legal transaction that cannot be attributed to their business or their professional economic activity.
(4) Entrepreneurs within the meaning of § 14 BGB are all natural legal persons or entities or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

(1) The contract is concluded with DATAFIX Informations- & Web-Technologie UG (with limited liability), Am Eichgarten 16a, 12167 Berlin, Germany.
(2) On the website, the customer can choose between 3 packages and submit a quote request. The provider then sends the customer a non-binding offer by e-mail or makes it available on the website. In that process, the customer can, in each case by means of clearly visible links, read

• these terms and conditions and
• the privacy policy.

(3) Upon acceptance of the offer by the customer, the contract is concluded and the monthly payment becomes due. After the conclusion of the contract, the customer will receive the access data and the invoice by e-mail.
(4) The provider does not offer contracts for customers from the United States of America.
(5) The language of the contract is German.
(6) A written contract is kept and stored by the provider, although a contract can also be concluded orally. Contracts on the provider‘s website are not stored.

(1) The fees are based on the offer made by the provider. All of the provider prices are shown in euros and are net prices, without VAT.
(2) The customer may choose between the following payment methods:

• PayPal, in which case the payment will be made according to the agreement between the customer and PayPal; further information can be found in the terms and conditions of PayPal.
• Apple Pay, in which case the payment will be made according to the agreement between the customer and Apple Pay; further information can be found in the terms and conditions of Apple Pay.
• Credit card, in which case the billing will occur after the provider will have accepted the contract.
• Direct debit, in which case the payment will be debited after the provider‘s order confirmation

(3) If the customer is in default with the payment, the provider has the statutory rights, especially those pursuant to § 288 BGB. Customers are advised that they will be in default of payment no later than 30 days after receiving the invoice.
(4) If the customer is in default with the payment, the provider may refuse the services by temporarily blocking the customer‘s access to the software.

(1) These terms and conditions govern the temporary use by the customer of the contractual standard software in its version at the time the contract is concluded.
(2) The software is provided by the provider as an SaaS solution. The customer can use the software, which is stored and executable on the servers of the provider or a third party commissioned by the provider, via an internet connection for the duration of the contract.
(3) With FileTresor, the user can securely upload and download confidential documents and data online. For this purpose, a profile with an individual organization area is created with FileTresor. In the organization area, data and documents can be received securely by employees from the own organization and/or other organizations. The exact scope of functions of the contractual software can be found in the description on the provider‘s website.
(4) The data and documents are stored by the provider in encrypted form only. A decryption of the data and documents by the provider is not possible.
(5) Payment is due on a monthly basis. The contract is concluded for an indefinite period and may be terminated by either party with 30 days‘ notice toward the end of the month.

(1) The provider shall make the software permanently available to the customer for use at the router exit of the data center, where the server with the software is located („handover point“). The provider‘s obligation includes the software in its current version, the computing power required for its use and the necessary storage space on a server that can be accessed via the internet, as well as dial-in logistics for the customer. The provider does not owe the data connection between the customer‘s IT systems up to the transfer point as defined.
(2) The provider may temporarily restrict or completely block the use of the site, in particular for maintenance, servicing and improvement as well as for other reasons necessary for the provider‘s or the software‘s operations. In doing so, the provider will take into account the average interests of the customer as far as possible (e.g. when determining maintenance times). In the event of urgent disruptions, the provider also has the right to remove errors during normal business hours.
(3) The customer is requested to notify the provider of functional failures or malfunctions of the software as quickly and precisely as possible.
(4) If the provider is unable to provide the service due to force majeure, the provider‘s obligation to provide the service shall be suspended for as long as the impediment to performance persists.
(5) If the impediment to performance lasts for more than one week, the customer shall have the right to terminate the contract without notice if the performance of the contract is no longer of interest to the customer as a result of the impediment.

(1) The customer can obtain help from the provider regarding the operation of the software (support). This is initially provided in the form of instructions. Furthermore, the customer can contact the provider electronically via the contact form if the user has questions about the use and function of the software that go beyond the instructions.
(2) The customer is only entitled to support services currently offered by the provider.
(3) The provider may make the provision of support dependent on the customer‘s sufficient authentication.
(4) If the provider offers electronic support, the customer grants the provider access to all the customer‘s system components for support purposes. If a remote access connection will be required, the provider will provide this and the associated efforts free of charge. The customer has no right to claim own expenses connected with the remote access connection and the provision of support, like connection charges, costs for administrators, compensation for working hours or similar, from the provider.

(1) The customer may not use the cloud software excessively or in a spamming manner. The customer must take all precautions to rule out illegal, spamming or otherwise excessive use.
(2) The customer is not allowed to use or infect the software or the server, on which the software is run, with malware (viruses, worms or Trojan horses etc.) or to permit such type of use negligently.
(3) Customers must personally ensure that the content uploaded by them does not violate applicable laws and legal provisions, public decency and the rights of third parties; in particular, name, personality, copyright, trademark and data protection rights must be observed. Furthermore, the user is also obligated not to upload any content to the provider‘s site that violates provisions of the Criminal Code or the Interstate Treaty on the Protection of Minors in the Media.
(4) Unless explicitly agreed, the customer is not allowed to pass on, sublease, sublicense or otherwise resell the software.
(5) Customers are liable for all members of their organization to whom they have provided access to the contractual software.
(6) Customers are responsible for backing up their own data and documents. In case of loss, the data and documents cannot be restored.

Consumers within the meaning of § 13 BGB have a right of cancellation.

Right of CancellationYou have the right to withdraw from this contract within fourteen days without providing reasons. The 14 days are counted from the day of the conclusion of the contract. To exercise the right of cancellation, you must inform us, DATAFIX Informations- & Web-Technologie UG (haftungsbeschränkt), Am Eichgarten 16 A, 12167 Berlin, Deutschland, e-Mail: sales@datafix-software. de, unequivocally about the decision to cancel this contract (for example by letter, fax or e-mail). For that purpose, you may but don‘t have to use the attached standard cancellation form. The cancellation notice is deemed to have been issued in due time if you e-mail off the notice about exercising the right to cancellation before the end of the deadline.

Consequences of the cancellationIf you withdraw from this contract, we must refund all payments, which we have received from you, without delay and no later than fourteen days from the day on which we have received the cancellation notice for this contract. For the refund, we will use the same payment method that you used for the original transaction, unless otherwise and explicitly agreed with you. In neither case will we charge you any fees in connection with this refund.

Sample cancellation form for your convenience
Our address for your cancellation:
DATAFIX Informations- & Web-Technologie UG (limited liability), Sales Department
Am Eichgarten 16 A, 12167 Berlin, Germany

Our email address for your cancellation: sales@datafix-software.de

Your details for cancellation:

• Hereby, I/we cancel my/our contract about the provision of the following services: 
  SaaS software FileTresor
• Ordered on /received on
• Name of the consumer(s)
• Address of the consumer(s)
• Signature(s) of the consumer(s) (only when using paper form)
• Date

(1) The customer has the unabridged rights under the statutory law on liability for defects.
(2) The provider‘s potential strict liability for initial defects pursuant to § 536a BGB is waived. The provider is only liable for initial defects if the provider knew or should have known of the defect and failed to inform the customer accordingly.
(3) The customer is kindly asked to report potential defects in detail and in a comprehensible manner. It would be helpful if the customer details the steps that led to the defect, the way the defect materialises as well as the defect‘s effects.
(4) The customer has no rights for defects if the contractual software does not work properly for the only reason that the customer is using it under conditions not agreed or with a system not agreed or in an illegal manner or if the customer has amended the software (or had it amended by a third party) in a detrimental way, if this is the reason for the defect.

(1) The provider is liable without limitation for premeditated or grossly negligent acts as well as culpable injury to life, limb or health or violations of the Product Liability Act or in the case of a promised feature, whatever the legal basis.
(2) The provider is not liable for slightly negligent breaches of non-essential contractual obligations. In the case of a breach of non-essential contractual obligations, the provider‘s liability is limited to the typical losses foreseeable at the time of the conclusion of the contract. Essential contractual obligations are such obligations that protect legal positions of the customer which are essential to the contract, which the contract has to guarantee to the customer according to the content and purpose of the contract, as well as obligations, the performance of which is necessary for the proper performance of the contract to be possible and of which the customer could usually rely on them being fulfilled.

(1) For the contract, contractual data are collected in accordance with Art. 6 para. 1 (b) GDPR (for example name, address and e-mail address, possibly also services used and all other electronically or for the purpose of storage transmitted data, which are required for the performance of the contract), insofar as they are required for the conclusion, negotiation or amendment of a contract.
(2) The contractual data will only be passed on to third parties insofar as it is necessary to perform the contract (in accordance with Art. 6 para. 1 (b) GDPR), for the overwhelming interest in an effective performance (in accordance with Art. 6 para. 1 (f) GDPR) or if consent has been given (in accordance with Art. 6 para. 1 (a) GDPR) or if there is another statutory permission. The data will not be passed on to a country outside of the EU, unless the EU Commission has determined a similar level of data protection as in the EU, consent has been provided or standard contractual provisions have been agreed with the third-party provider.
(3) Persons concerned have the right, at any time, to:

• revoke a consent granted in accordance with Art. 7 para. 3 GDPR. The data processing based on this consent may then no longer be carried out, but the revocation does not affect the lawfulness of the data processing carried out up to that point;
• request information in accordance with Art. 15 GDPR on the personal data processed, including information on the purposes of the processing, the category of personal data, the categories of recipients to whom the data have been or will be disclosed, the expected storage period, the origin of the data, if not collected here, as well as on automated decision making including profiling and the existing rights about which information is provided here;
• demand that inaccurate or incomplete personal data be rectified without delay in accordance with Article 16 GDPR, in particular if the purpose of the processing has ceased to exist, if necessary consent has been withdrawn, if there is no other legal basis or if the data processing is unlawful;
• demand that the stored personal data be deleted in accordance with Art. 17 GDPR, unless the processing is necessary in the exercise of the right to freedom of expression, for the fulfilment of a contract, for reasons of public interest or for the assertion or defence of legal claims;
• demand that the processing of personal data be restricted in accordance with Art. 18 GDPR if the accuracy of the data is disputed or if the processing is unlawful and deletion is refused and the data are no longer needed, but the person concerned needs them in order to assert, exercise or defend rights or has lodged an objection to the processing in accordance with Art. 21 GDPR;
• require that the data provided be handed over or transferred to a third person in a structured, common and machinereadable format;
• file a complaint with the competent supervisory authority in accordance with Art. 77 GDPR, if the processing of personal data is not lawful; the competent authority is usually the supervisory authority of the place of habitual residence or workplace of the person concerned or of the registered office of our company; object in the case of the personal data being processed on the basis of legitimate interests in accordance with Art. 6 para. 1 sentence 1 (f) GDPR, if there are reasons for doing so which arise from the special situation of the person concerned.

(4) If the person concerned has registered for the newsletter with their e-mail address, the provider will use the e-mail address of the person concerned for their own advertising purposes in addition to the performance of the contract and advertising for similar products. The person concerned can unsubscribe free of charge at any time by clicking on the unsubscribe link in any e-mail or by sending an informal message.
(5) The data will generally only remain stored as long as the purpose of the respective data processing requires it. Storage beyond that time is possible if it is necessary to pursue legal claims or for legitimate interests or in cases of a statutory obligation to store the data for longer (for example tax-law requirements to maintain records, statute of limitations).
(6) The files and documents sent by the customer are transmitted and stored in encrypted form.

(1) Online dispute resolution in accordance with Art. 14 para. 1 ODR Regulation: The European Commission provides a platform for online dispute resolution (ODR), which the customer may find at ec.europa.eu/consumers/odr/. The provider is neither compelled nor willing to participate in such a dispute resolution.
(2) If the customer is a business, jurisdiction lies with the court at the provider‘s registered seat of business. The provider may however also sue customers at the court in whose district their domicile or business address is.
(3) If serious reasons that cannot be influenced lead to an unforeseeable change in the circumstances regulated in these Terms and Conditions (i.e. in particular not in the main services), and if the interests of the provider of the Terms and Conditions in having them amended outweigh the interests of the contractual partner, the provider of the Terms and Conditions shall be entitled to amend these Terms and Conditions, unless there is already a statutory provision in place to govern the specific required amendment.

Status of the General Terms and Conditions and Cancellation Policy 10 May 2023
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