1. Subject matter of the Terms and Conditions of Licensing and Use
These Terms and Conditions of Licensing and Use apply to all agreements (“Usage Agreements”) between stashcat GmbH (“Provider”) and the users (“Users”) of the “stashcat” messenger service (“Portal”) including all associated services, applications and functions (“Services”). Users within the meaning of these Terms and Conditions of Licensing and Use are not consumers as defined in section 13 German Civil Code (BGB).
These Terms and Conditions of Licensing and Use govern the provision of the Portal by the Provider and the use of the Portal by duly registered Users. A usage agreement with the Provider comes into effect on completion of the registration process (see clause 4). The subject matter of this usage agreement is the free use of the Portal.
The Portal is a platform provided by the Provider via which duly registered Users can contact each other and communicate. Users can create individual personal profiles and use the additional services available on the Portal from time to time within the parameters of the respective availability. Further information about the Services can be found under clause “3. Services available on the Portal, modification of the Services”.
Use of the platform is provided exclusively for the purposes of a closed organisation. An organisation is a closed unit within which the Users of the contractual partner (“Customer”) are aggregated. A Customer may operate multiple organisations. The User is allocated to an organisation or specifies one on registration. Use is only permitted for purposes pertaining to the organisation.
The Provider reserves the right to use standard methods to review the data supplied during the registration process and to delete the corresponding access retrospectively if the Terms and Conditions of Licensing and Use have been breached.
The User’s usage authorisation is restricted to access to the Portal as well as to use of the respective Services available on the Portal. Compliance with these Terms and Conditions of Licensing and Use is a precondition for the grant of a usage authorisation.
The User is himself responsible for ensuring that the necessary technical prerequisites are in place for contractually compliant usage of the Services within the User’s sphere of responsibility. The Provider is not obliged to provide any advice to the Users in this respect.
Further information about the Provider can be found in the Imprint.
2. Usage rights
The User shall receive a simple, time-limited, non-transferrable, non-licensable usage right to use the Portal including associated Services.
Unless expressly otherwise agreed with the Provider, the User is not entitled to obtain any more extensive business secrets by way of observation, examination, dismantling or tests (“Reverse Engineering”). This is without prejudice to section 69d German Copyright Act (UrhG).
3. Services available on the Portal, modification of the Services
The Provider generally provides the Services available on the Portal on the basis of time-limited use. Such Services may include for instance the provision of data, written pieces, audio-visual documents, information and other content as well as the option to set up individual user profiles and to contact other Users via personal messaging. The scope and content of the Services are defined via the respective contractual agreements as well as the respective functionalities available on the Portal from time to time.
Any entitlement to use the free services available on the Portal only exists to the extent of the Provider’s technical and operational capabilities. The Provider undertakes to ensure that its Services can be used without disruption as far as possible. At the same time, technical faults (such as interruption of the power supply, hardware and software errors, technical issues in the data cables) and necessary maintenance work may give rise to temporary restrictions or interruptions.
The Provider is entitled to modify Services provided on the Portal, to make new Services available and to discontinue the Services at any time unless doing so would be unreasonable for the User. The Provider shall take the User’s legitimate interest into account when doing so.
4. Registration, handling of access data
Users must register in advance in order to use the Services available on the Portal. The registration process on the Portal is divided into multiple steps. The individual steps and ways to register are described in detail below: Step 1: Registration by a User – The User enters his first name and surname and full address using the company’s contact information. – In the next step, the User can complete the registration and specify his email address and a password. Step 2: Registration of additional Users Users who are already registered can add other Users in multiple ways: – Invitation using a registration key and self-registration by the User himself. – Creation of a user account in the administration area and provision of a registration letter or a registration email.
In any event, the User is obliged to check that the data specified on registration is correct and complete. To this extent, the User warrants that all data provided or confirmed by him is truthful and complete. The User shall make any changes to his personal details (in particular contact details) via the dialog boxes provided on the Portal. The User additionally agrees to be contacted by the Provider via the contact details (email, telephone number) specified during the registration process.
Each User may only register once and may only specify one user profile. The User selects a password during the registration process. Users shall keep passwords and access data secret and secure them with due care.
It is not possible in technical terms for the Provider to establish with certainty whether a User registered on the Portal is actually the person that the User claims to be. To that extent, the Provider provides no warranty for the actual identity of a User. Each User should therefore satisfy himself of the identity of another User.
It is the responsibility of the User to ensure that he does not share access to the Portal and that only the User uses the Services available on the Portal. If there are grounds to fear that unauthorised third parties have acquired knowledge of the User’s access data or will obtain it, the Provider must be informed without delay. The User shall be liable for all use and/or other activity performed using his access data in accordance with the statutory provisions.
5. Deregistration of the User, deletion of data and content
The User may terminate his participation in the Portal at any time by deregistering via the dialog boxes available on the Portal and deleting his account.
Once deregistration has taken place, the User may no longer use his account.
The Provider is entitled to irrevocably delete all data arising in connection with use on the expiry of 30 calendar days following the User’s deregistration and on the expiry of any statutory retention periods.
The Provider further reserves the right to delete the communication data arising in the course of the usage (including files and documents and other content) in the following cases: a) If the User is inactive for a period of 60 calendar days. b) The Provider is entitled at any time and without prior notice to delete content from the Portal that is unlawful and/or that breaches the Terms and Conditions of Licensing and Use of which it becomes aware.
6. Responsibility for Users’ content, data and/or information
The Provider assumes no liability for the content, data and/or information provided by Users of the Portal, nor for content on external linked websites (hereinafter referred to collectively as “Third-Party Content”).
The Provider performs no review of the completeness, accuracy and legality of the Third-Party Content and therefore assumes no responsibility or warranty for the completeness, accuracy, legality and topicality of the Third-Party Content. This also applies to the quality of the Third-Party Content and its suitability for a specific purpose as well as to the extent that the Third-Party Content is located on linked external websites.
7. Posting of Users’ own content
The Users may post content to the Portal in accordance with the following provisions, thereby making it available to other Users.
Each time content is posted, the User grants to the Provider a simple, free usage and exploitation right to the respective content as follows: a) the right to store the content on the Provider’s server as well as to make it publicly available by displaying the content on the Portal, b) the right to process and disseminate the concept, provided this is necessary for the provision or publication of the respective content.
If the User deletes the content he placed on the Portal, the foregoing usage and exploitation right granted to the Provider shall lapse.
The data used to secure and potentially reconstruct the data supplied to the Provider is the sole responsibility of the User.
The User has full responsibility for the content posted by him. The Provider shall not perform a review of the completeness, accuracy, legality and topicality, quality and suitability for a specific purpose. The User thus declares and warrants to the Provider that he is the sole holder of all rights to the content posted on the Portal or is otherwise authorised (e.g. via an effective authorisation from the holder of the rights) to post the content on the Portal and to grant the usage and exploitation rights pursuant to clause “7.2. Posting of Users’ own content” above.
8. Protection of the content, copyright
The content available on the Portal is primarily protected by copyright or other protective rights and in each case is the property of the Provider, the other Users or other third parties that have provided the respective content. The User may only use this content in accordance with these Terms and Conditions of Licensing and Use and also within the scope defined on the Portal.
Any form of use and exploitation of the content reproduced on the Portal not permitted under German copyright law requires the prior written consent of the rights holders.
9. Prohibited activities
The Users may only use the Portal and the associated Services subject to compliance with the applicable laws and regulations. For that reason, any activities performed on the Portal or in connection with it and the Services that breach applicable law, infringe third-party rights or violate the principles of the protection of minors are prohibited. The User must refrain in particular from the following acts: a) misusing or permitting others to misuse the Portal, in particular posting, disseminating, offering and advertising content, services and/or products that are pornographic or breach laws for the protection of minors, data protection legislation, ethical principles and/or other laws and/or that are fraudulent; b) the use or publication of or linking to an external website with content that could offend or defame other Users, companies or third parties; c) the use, provision and dissemination of content, services and/or products that are protected by law (e.g. by copyright or laws governing trademarks, patents, registered designs or utility models) or that are encumbered with third-party rights without express authorisation to do so. d) the attempt to retrieve information or data by the User himself or via unauthorised third parties or to intercept or permit third parties to intercept programs operated by the Provider or to access the Provider’s data networks without authorisation.
Additionally, the User must refrain in particular from the following activities, irrespective of any potential breach of the law, when posting his own content in the Portal as well as communicating with other Users (e.g. by sending personal messages, taking part in group discussions): a) spreading viruses, Trojans and other malicious files; b) sending junk or spam emails and chain letters; c) disseminating salacious, offensive, sexual, obscene or defamatory content or information or communication as well as content, information or communication that is capable of promoting or supporting racism, fanaticism, hatred, physical violence or unlawful acts (in each case explicitly or implicitly); d) harassing other Users, e.g. by making personal contact multiple times with no or with an adverse reaction from the other User as well as promoting or supporting such acts of harassment; e) prompting other Users to disclose passwords or personal data for commercial or unlawful or illegal purposes; f) disseminating and/or permitting the public reproduction of content available on the Portal, unless the User is expressly authorised to do so by the respective originator or such is expressly provided as a functionality on the Portal; g) advertising, offering, selling goods or services that are protected by law; h) performing or promoting anti-competitive acts, including progressive advertising (e.g. chain, snowball or pyramid systems).
The User must similarly refrain from any act that is capable of impairing the smooth operation of the Portal, in particular by overloading the Provider’s systems.
If the User becomes aware of any illegal, improper, contractually non-compliant or otherwise unauthorised use of the Portal, he shall notify the Provider accordingly. The Provider shall review the matter and where relevant initiate suitable measures.
Should unlawful or criminal acts be suspected, the Provider is entitled, and may also be obliged, to review the User’s activities and where relevant to take appropriate legal steps. This may include referring a matter to the law enforcement authorities.
10. Blocking access
The Provider may block the User’s access to the Portal temporarily or permanently if there are concrete indications that the User is or has been in breach of these Terms and Conditions of Licensing and Use and/or prevailing law, or if the Provider otherwise has a legitimate interest in imposing such a block. When deciding on whether to impose a block, the Provider shall take reasonable account of the User’s legitimate interests.
In the event of a temporary or permanent block, the Provider shall block the access permission and notify the User accordingly via email.
In the event of a temporary block, the Provider shall reactivate the access permission on expiry of the blocking period and shall notify the User accordingly by email. A permanently blocked access permission may not be reactivated. Permanently blocked Users are permanently excluded from participating in the Portal and may not re-register on the Portal.
11. Data protection
Liability, irrespective of the legal grounds, shall only attach to the Provider in cases of intent or gross negligence. The foregoing limitations of liability shall not apply in the event of personal injury, statutory liability under product liability legislation and a guarantee assumed by the Provider vis-à-vis the User.
The foregoing limitations of liability shall also apply directly vis-à-vis the employees, representatives and vicarious agents of the Provider.
12. Closing provision
These Terms and Conditions of Licensing and Use are governed exclusively by the law of the Federal Republic of Germany subject to the exclusion of the UN Convention on the Sale of Goods. The sole place of jurisdiction is Essen, Germany.
Should any individual provisions of these Terms and Conditions of Usage and Licensing be or become ineffective, the effectiveness of its remaining provisions remain unaffected.