Terms of use and license conditions stashcat

(Version 07/2024)

This text shall be governed by and construed in accordance with the laws of Germany. It shall be executed in both German and the English language. In the event of any inconsistency between the German and the English version the German version shall prevail.

Unless otherwise indicated, the personal designations used in these terms of use and license conditions refer to all genders.

• I. Definition

1. The provider is the respective institution (e.g. employer).
2. User is the authorized user of the messenger service "stashcat".
3. Portal means the messenger service "stashcat" including the associated services, applications and functions.
4. Technical service provider is stashcat GmbH.
5. Administrator means the user selected by the provider to manage the portal.
6. Third-party content is content, in particular information and data, to which the user does not have the only rights (e.g. linking of websites, uploading of data/databases).
    

• II. Subject of the terms of use and license conditions
  1. These terms of use and license conditions apply to the use of the messenger service stashcat including all associated services, applications and functions ("Services"). The stashcat messenger service including the associated services, applications and functions are products and/or services of stashcat GmbH.
  2. Users within the meaning of these terms of use and license conditions are not consumers within the meaning of § 13 BGB (German Civil Code).
  3. These terms of use and license conditions regulate the provision of the portal by the provider and the use of the portal by the duly registered user. By completing the registration process (see section III. " Registration, handling with access data"), a contract of use is concluded between the user and the provider. The object of the contract of use is the use of the portal free of charge for the purposes agreed with the provider.
  4. With the portal, the provider provides a platform through which duly registered users can communicate with each other. Users can create individual personal profiles and use the other free services currently available on the portal as they become available. Further information on the services can be found under section IV "Services available on the portal, changes to services".
  5. The portal is provided exclusively for use within the scope of the provider's purposes. Use is only permitted for matters relating to the provider.
  6. If a user violates the terms of use and license conditions, the provider is authorized to block and/or delete the user's access to the portal.
  7. The user's authorization of use is limited to accessing the portal and using the services provided on the portal.
  8. The provider is responsible for creating all technical requirements that the user needs to use the services correctly in accordance with the contract.
  9. The legitimate interests of users are always safeguarded.

• III.  Registration, handling with access data
  1. The registration process on the portal is divided into the following steps:

Step 1: Registration by a user - administrator

To register, the user enters their first and last name, e-mail address, company contact information and a password. Successful registration creates a user profile. 

Step 2: Registering additional users

The administrator has various options for adding other users:

• • • Invitation by means of a registration key and self-registration by the user or
    • Creation of a user profile via the administration area and provision of a registration letter or registration e-mail.
  • The user first enters their first and last name, e-mail address, company contact information and a password. The user is obliged to check and warrants the data provided during the registration is complete and accurate. The user warrants that the data provided is true and complete. Changes to personal data must be made by the user via the dialogs provided on the portal. The user agrees to be contacted by the provider using the contact information.
  • Each user may only register once and only create one user profile. Passwords and access data must be kept secret by the user and must be carefully secured.
  • The provider does not guarantee the actual identity of a user due to the lack of verification options. Each user is responsible for verifying the identity of another user.
  • If there is any suspicion that unauthorized third parties have obtained or will obtain knowledge of a user's access data, the provider must be informed immediately. The user shall be liable for any use and/or other activity carried out under his/her access data in accordance with the statutory provisions.

• IV. Services available on the portal, changes to services
  1. The provider makes the services on the portal available for use for a limited period. Such services may include, for example, the provision of data, contributions, image and audio documents, information and other content. Users also have the option of creating individual user profiles and contacting other users. The content and scope of the services are determined by the respective contractual agreements between the provider and the provider's technical service provider, and otherwise by the functionalities currently available on the portal.
  2. A claim to the use of the free services available on the portal only exists within the scope of the technical and operational possibilities of the provider's technical service provider and/or the provider itself. The provider endeavors to ensure that its services can be used uninterrupted. However, temporary restrictions or interruptions may occur due to technical faults (e.g. interruption of the power supply, hardware and software errors, technical problems in the data lines) and necessary maintenance work.
  3. The provider is entitled to change services provided on the portal at any time, to make new services available and to discontinue the provision of services. The provider shall inform users of this in good time in advance. In exceptional cases (e.g. the occurrence of a security risk), the prior notification of users is not required. In this case, the provider will inform users immediately.

• V. Posting of own content by users
  1. Users may post content on the portal and make it available to other users, subject to the following provisions.
  2. By posting content, the user grants the provider and, if necessary, the provider's technical service provider a simple, free-of-charge right of use and exploitation of the respective content,

1. to store the content on the server of the provider or the provider's technical service provider and to make it publicly accessible by displaying the content on the portal,
2. to edit and reproduce the content insofar as this is necessary for the provision or publication of the respective content.
   1. If the user deletes the content he has uploaded to the portal, the right of use and exploitation granted to the provider or the technical service provider above shall expire.
   2. The user is responsible for the backup and possible reconstruction of the data transmitted to the provider or the provider's technical service provider.
   3. The user is responsible for the content posted by him. The provider or its technical service provider does not check the content for completeness, correctness, legality, topicality, quality and suitability for a specific purpose.
   4. The user therefore declares and guarantees to the provider that he is the sole owner of all rights to the content he has posted on the portal, or that he is otherwise authorized (e.g. by effective permission from the rights holder) to post the content on the portal and to grant the rights of use and exploitation in accordance with section V. 2 "Posting of own content by users".
   5. The provider reserves the right to edit, block or remove content already posted (including private communication content, messages) without prior notice if the posted content has led to a violation of section IX. "Copyrights/rights of third parties and/or section X. "Forbidden activities" or if there are concrete indications of such a violation.
       

• VI. Responsibility for user content, data and/or information
  1. The provider's technical service provider accepts no responsibility for the content, data and/or information provided by users or for third-party content, unless this is stipulated by law.
  2. The provider's technical service provider does not check third-party content for completeness, accuracy and legality and therefore assumes no responsibility or warranty for the completeness, accuracy, legality and timeliness. This also applies with regard to the quality of the third-party content and its suitability for a specific purpose, and also insofar as it concerns third-party content on linked external websites.
• VII. Responsibility for third-party tools

1. Applications from external service providers (third-party tools) are also made available via the portal. The respective external service providers are generally responsible for these third-party tools.
2. The provider's technical service provider assumes no responsibility for third-party tools, unless this is required by law.

• VIII. Rights of use for the portal and available services
  1. Depending on the agreement, the user receives a simple, time-limited or unlimited, non-transferable, non-sublicensable right to use the portal, including the associated services.
  2. If one of the services contains open-source components, the relevant license conditions must be complied with. These will be made available to the user in advance on request.
  3. The user is not entitled to obtain trade secrets by observing, examining, reverse engineering or testing („Reverse-Engineering“), unless the services provided are publicly available. § 69d UrhG (German copyright law) remains unaffected.
  4. If the Provider provides the User with additions, updates, upgrades, etc. that replace a previously provided version of the Portal and/or associated services, these new versions shall be subject to the provisions of these Terms of Use and License Conditions. In this case, the User's rights under these Terms of Use and License shall expire with respect to a previously provided version, even without an express request for return or deletion.
  5. If the right of use ends, e.g. by leaving the provider's organization, the user is obliged to immediately refrain from using the portal provided, including all services, and to delete them from their end device. This also applies to all copies made by the user for this purpose. Completion must be confirmed to the provider in writing upon request.

• IX. Copyrights/rights of third parties

The content available on the portal is predominantly protected by the copyright and other intellectual property rights of the technical service provider, the provider and the other users or other third parties who have made the respective content available. The user may only use this content in accordance with these terms of use and license conditions and within the framework specified on the portal.

• X. Prohibited activities
  1. The user may only use the portal and the associated services subject to compliance with the applicable laws and regulations. Therefore, any activities on or in connection with the portal and the services that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors are prohibited. In particular, the user is prohibited from the following actions:

1. to use or allow the portal to be used improperly, in particular the posting, distribution, offering and advertising of pornographic content, services and/or products that violate youth protection laws, data protection laws, common decency and/or other laws and/or fraudulent content, services and/or products;
2. the use, publication or linking on an external website of content that insults or defames other users, companies or third parties;
3. the use, provision and distribution of content, services and/or products that are legally protected (e.g. by copyright, trademark, patent, design or utility model law); or are encumbered with third-party rights without being expressly authorized to do so.
4. the attempt to retrieve information or data without authorization, or to intervene in programs operated by the provider or have them intervened in, or to penetrate data networks of the provider or its technical service provider without authorization, either by oneself or by unauthorized third parties.
   1. Furthermore, the user is prohibited from the following activities in particular, irrespective of any violation of the law, when posting his/her own content on the portal and when communicating with other users (e.g. by sending personal messages or participating in group discussions):

1. the spread of viruses, Trojans and other malicious files;
2. the sending of junk or spam e-mails and chain letters;
3. the dissemination of lewd, offensive, sexually explicit, obscene or defamatory content or information or communication as well as content or information or communication that is likely to promote or support racism, fanaticism, hatred, physical violence or unlawful acts (in each case explicitly or implicitly);
4. the harassment of other users, e.g. through repeated personal contact without or contrary to the reaction of the other user, as well as the promotion or support of such harassment;
5. requesting other users to disclose passwords or personal data for commercial or illegal and/or unlawful purposes;
6. the distribution and/or public reproduction of content available on the portal, unless this is expressly permitted to the user by the respective author or expressly made available as a functionality on the portal;
7. the advertising, offering or distribution of legally protected goods or services;
8. engaging in or promoting anti-competitive activities, including progressive advertising (e.g. chain, snowball or pyramid schemes).
   1. The user is also not allowed to take any action that is able to impair the smooth operation of the portal, in particular to place an excessive load on the systems of the provider or its technical service provider.
   2. Should the user become aware of any illegal, abusive, non-contractual or otherwise unauthorized use of the portal, he/she shall inform the provider of this. The Provider shall investigate the matter and take appropriate action if necessary.
   3. If there is a suspicion of illegal or punishable acts, the provider is entitled and, if necessary, obliged to check the activities of the users and, if necessary, to take appropriate legal action. This may also include forwarding the facts of the case to the criminal prosecution authorities.

• XI. Blocking of access
  1. The provider reserves the right to block the user's access to the portal in the event that there are concrete indications that the user is violating or has violated these terms of use and license conditions and/or applicable law, or if the provider has another legitimate interest in blocking access.
  2. If there is a block, the provider blocks the access authorization and notifies the user of this by e-mail.
  3. In the event of a block, the provider reactivates the access authorization after the blocking period has expired and notifies the user by email.

• XII. Deregistration of the user, deletion of data and content
  1. The user can terminate his/her participation in the portal at any time by logging out via the dialogs provided on the portal.
  2. Once the user has logged out, they may no longer use their access.
  3. The provider is entitled to irretrievably delete all data created in the course of use 30 calendar days after the user has logged off, unless longer statutory retention periods apply.
  4. The provider reserves the right to irretrievably block/delete the communication data (including files, documents and other content) generated in the course of use in the following cases:

1. If the user is inactive for a period of 60 calendar days.
2. In the case of illegal content and/or content that violates the terms of use and license conditions, at any time without prior notice.

• XIII. Data protection
  1. Personal data collected in the context of the use of the portal and the stashcat services are processed exclusively in accordance with the applicable legal provisions, in particular the EU General Data Protection Regulation 2016/679 (GDPR). The provider's privacy policy provides detailed information on this.
  2. The provider is responsible under data protection law. As a technical service provider, stashcat GmbH is the data processor of the Provider with regard to the processing of personal data. If the provider activates additional, external third-party functions and services via the portal, the provider is also responsible for these.
  3. Some of the processing of personal data described in these terms of use and license conditions - in particular III. "Registration, handling of access data" and XI. "Blocking of access" - may be carried out by the provider's technical service provider. If the provider passes on data to its technical service provider, the latter has been contractually bound to data protection in advance and may only use the data to fulfill its task. The technical service provider is bound by the instructions of the provider and has suitable technical and organizational measures in place to protect the rights of data subjects. It guarantees an appropriate level of data protection.
  4. In individual cases, data may be passed on in connection with official inquiries, court orders and legal proceedings if this is necessary for legal prosecution or enforcement. If legally possible, the provider will inform the user about the disclosure.
  5. When using the portal and the services, the user undertakes to fully comply with the statutory provisions relating to the handling of personal data.
  6. In particular, the user is obliged to maintain the confidentiality of personal data. The user himself must ensure the security and confidentiality of the access data and passwords he uses. The User shall inform the Provider immediately of any unauthorized use of the Service or unauthorized access to the Service.
  7. If the user is subject to telecommunications secrecy pursuant to § 3 TDDDG (Law on data protection and the protection of privacy in telecommunications and digital services), he must observe this. Telecommunications secrecy applies to the content of telecommunications and its detailed circumstances, in particular the fact of whether someone is or was involved in a telecommunications process. Telecommunications secrecy also extends to the detailed circumstances of unsuccessful connection attempts.

1. Liability
   1. The provider shall only be held liable - irrespective of the legal grounds - in cases of intent or gross negligence. The above limitations of liability do not apply to personal injury, to statutory liability under the Product Liability Act and to a guarantee provided by the provider to the user.
   2. The above limitations of liability also extend to the provider's employees, representatives and vicarious agents.

• XV. Final provision
  1. These terms of use and license conditions are subject exclusively to the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is the registered office of the provider.
  2. In the event that any individuals provision of these terms of use and license conditions is or become invalid, this shall not affect the validity of the remaining provisions.
  3. The provider has the right to change these terms of use at any time in accordance with the following provisions:

1. The Provider is authorized to change individual provisions of these terms of use if there is a valid reason for doing so and the change is necessary for the continuation of the contract and is reasonable for the customer or user. A valid reason in this sense exists, among other things, if a change in the legal situation or supreme court rulings or doubts of interpretation that have arisen make it necessary to amend the provisions concerned. A valid reason also exists if a change in market conditions or other legal, economic or technical framework conditions has occurred that was not foreseeable at the time the contract was concluded and could not be influenced by the provider, which leads to a disruption of the contractual equivalence relationship and makes it necessary to adjust the conditions in order to restore equivalence.
2. The provider shall notify the user of the pending changes in text form (e-mail) at least six weeks before the planned entry into force of the amended terms and conditions. The user is entitled to object to the changes within 6 weeks of receipt of the notification. If the user does not object within this period and continues to use the portal after expiry of the objection period, the amended terms of use shall be deemed to have been agreed. The provider shall inform the user of his right of objection and the consequences of not exercising it in the notification of change.
   1. In addition to these terms of use and license conditions, other rules of conduct of the provider may also apply, insofar as these do not contradict these conditions.