Terms of Use CIB doXicloud

CIB doXicloud is an offer of CIB Software GmbH, Elektrastr. 6a, 81925 Munich, Germany, hereinafter referred to as CIB. These terms of use apply to the use of the doXicloud application, as well as to all contracts concluded in this context between CIB and the users, irrespective of the place of use of the app. The contractual language of this Terms is German. The English translation of the Terms of Use is only provided for your convenience. These Terms of Use are available on the website www.cib.de/en/termsofuse-doxicloud/ as well as in the CIB doXicloud App so the user can view them anytime or download, save and read them on their pc, smartphone or other device.

§ 1 Subject matter of the contract and scope of application

(1) CIB doXicloud App is a Multicloud application. The Multicloud allows you to directly access different Clouds through a single application. Through the CIB doXicloud App you can use the clouds of different providers, in particular CIB doXisafe, as well as CIB doXima, Dropbox, Google Drive and One Drive.

In addition to accessing the clouds, the doXicloud app offers you numerous options for using your various clouds more efficiently. For example, all clouds connected to the app can be searched for titles with the help of a search function.

Furthermore, the app allows you to save files from the cloud on your smartphone, share, send and delete documents and photos from the cloud. You can also upload files to the clouds. This is done by using your smartphone camera or accessing the photos and documents stored in your smartphone.

More information on how to use CIB doXicloud and its functions can be found at www.cib.de. www.cib.de.

(2) No login or registration is required when installing or using the doXicloud app. However, registration with CIB doXisafe is recommended in order to use all functions of the app.

(3) The user’s internet connection, maintaining network connection as well as the procurement and provision of the hardware and software required for the use of the platform is not subject of these Terms of Use. In order to use CIB doXicloud, the user is responsible for their own Internet access and all necessary technical equipment, and for all fees incurred in this connection.

(4) These terms of use are applicable to all usage agreements between CIB and users of the doXicloud service. By downloading doXicloud app the user accepts these terms of use. Details regarding the conclusion of the contract may vary regarding the distribution platform used (e.g. Google Play) and are explained in the terms of use of the respective distribution platform.

§ 2 Scope of Service

(1) CIB enables the sharing, editing and management of documents in the Multicloud within the scope of these Terms of Use.

(2) CIB grants the customer the non-transferable, non-exclusive, non-sublicensable and worldwide right to use the CIB doXicloud service for the purposes of the user agreement for the duration of the respective user agreement. The user is entitled to use CIB doXicloud exclusively for his own purposes and is not entitled to exploit CIB doXicloud commercially vis-à-vis third parties.

(3) CIB is entitled to use subcontractors for the contractual provision of services.

§ 3 Rights and duties of the user

(1) When using the CIB doXicloud app, the user is obliged to comply with all statutory provisions and not to infringe the rights of third parties (in particular personal rights and copyrights). The user indemnifies CIB from all claims of third parties, which refer to a culpably offending use of the platform by the user. If concrete facts substantiate the suspicion of an infringement, CIB is entitled, subject to all other rights or claims, to temporarily block the relevant contents.

(2) The user shall use the doXicloud services exclusively in accordance with applicable law and these terms of use. In particular, the user shall ensure that the content made available or distributed by him via and within the scope of use of the doXicloud services does not infringe any rights of third parties (e.g. personal rights, right in one’s own image, copyrights, trademark, etc.) and does not violate applicable law in any other way (e.g. regulations for the protection of minors). If the contents entered, made publicly accessible or disseminated by the user are personal data of third parties, the user is responsible for ensuring that the persons concerned have agreed to this use. The user will not hinder or spy on other users of doXicloud when using the apps, will not use the apps for purposes other than those intended or will use them in a way that disrupts or overloads their technical processes.
In particular, the following is inadmissible:

To make publicly accessible or disseminate content that contains programs or data that could damage the hardware or software of CIB or other users (e.g. viruses, worms, Trojans, etc.);
To make content publicly accessible, to distribute it by e-mail or in any other way which is harassing, defamatory, threatening, obscene, hateful, racist or in any other way legally objectionable;
To impersonate any other person in the services, e.g. a representative of CIB who is otherwise responsible for the service, or to impersonate a non-existent relationship with such persons;
To make content publicly accessible, to distribute it by e-mail or in any other way which the user is not entitled to pass on (e.g. due to confidentiality obligations or similar);
To make contents publicly accessible, to distribute them by e-mail or in any other way which infringe the rights of third parties, in particular patents, trademarks, copyrights, including the rights of photographers, etc., business secrets or other property rights;
To make commercial advertising, junk mail, mass e-mail (‘spam’), chain letters or pyramid schemes publicly accessible and/or to distribute them by e-mail or in any other way;
Using the doXicloud app for illegal activities or within the scope of illegal activities;
To disrupt the technical operation of the services or to interrupt the normal course of a communication;
To interfere with the services or the servers or networks connected to the services and thereby impair or interrupt their function or violate regulations, procedures or other rules for the use of networks connected to the Services.

(3) The user himself is responsible for a proper backup of the contents created or published, stored, transmitted or received with the help of the CIB doXicloud services. Legal or other reasons may necessitate the submission of originals of the documents uploaded. The customer is therefore recommended to make a backup copy of the uploaded documents on his own systems or to store the originals of the documents before uploading them with the CIB doXicloud. CIB is not responsible for the operation of third-party cloud storage services that users may use to store content created with the doXicloud app.

§ 4 Retention of source documents, backup copies

The service simplifies the access and exchange of documents. It is not a data backup solution. It is therefore the responsibility of the user to keep the source documents safe and, if necessary, to make backup copies. In the event of a loss of data on the portal, CIB shall not be liable for any damage or expense arising from the fact that the source documents (or backup copies thereof) are no longer available.

§ 5 Release from Liability

The user indemnifies CIB from all claims, including claims for damages, asserted by other users or other third parties, including authorities, against CIB due to an infringement of their rights by the content uploaded by the user in or via CIB doXicloud. The user shall bear all reasonable costs, including reasonable costs incurred for legal defense, incurred by CIB due to the violation of rights of third parties by the user. All other rights of CIB, in particular to block the documents and content, to terminate the contract without notice and to claim damages from CIB, shall remain unaffected. The user has the right to prove that CIB actually incurred lower costs.

The above obligations shall only apply if the user is responsible for the infringement in question, i.e. if they have committed it knowingly or deliberately or have violated the due diligence.

§ 6 Limitation of liability for services provided free of charge

(1) CIB endeavours to ensure that the CIB doXicloud app is available without interruptions and that sharing, and saving are error-free. CIB does not accept any responsibility for the result of scanning and changing documents. Furthermore, no responsibility is assumed that the CIB doXicloud app is suitable for the user’s purposes, error-free and secure. CIB is not obliged to provide updates and bug fixes.

(2) If the user suffers damage because of using the services provided free of charge with doXicloud, CIB shall only be liable to the extent that the damage has arisen because of the use of the free services in accordance with the contract and only in the event of intent (including fraudulent intent) and gross negligence.

(3) This limitation of liability in paragraph 2 does not apply in case of injury to life, body and health.

§ 7 Uploaded Files

The User agrees that he or she shall be responsible for any documents and data that the User uploads or transmits through CIB doXicloud. The User shall be responsible for the content of such documents and data.

§ 8 Costs

The doXicloud app is currently free of charge regarding the scope of services described on www.cib.de CIB reserves the right to offer the functions of the doXicloud service for a fee or to add functions for a fee in the future.

§ 9 Modification of services

CIB is entitled at any time to change services provided free of charge on the portal, to make new services available free of charge or against payment and to discontinue the provision of free services. In doing so, CIB shall take into account the legitimate interests of the users.

§ 10 Data protection and confidentiality

(1) When using the CIB doXicloud app, data and information about the user such as frequency of use, crash reports and usage behaviour may be stored.

(2) When processing and using personal customer data (hereinafter “data”), CIB shall comply with the applicable data protection regulations, in particular the Federal Data Protection Act and the Basic Data Protection Regulation. Further information on the handling of data can be found in the data protection declaration.

§ 11 Changes of the Terms of Use

CIB reserves the right to change these terms of use at any time, with effectiveness also within the existing contractual relationships. Users will be notified of such changes by means of a notice on the website www.cib.de/en/ and the CIB doXicloud app at least 30 calendar days prior to the planned change taking effect. If the user does not object within 30 days of receipt of the notification and if the use of the services continues even after the expiry of the objection period, the changes shall be deemed to have been agreed as effective from the expiry of the period. In case of objection the contract will be continued under the previous conditions. Within the notification of change CIB shall inform the user of their right of objection and of the consequences.

§ 12 Severability Clause

Should any provision of these terms of use be or become invalid, this shall not affect the legal validity of the remaining provisions. In place of the invalid provision, a valid provision shall be deemed to have been agreed which comes closest in economic terms to the provision intended by the parties.

§ 13 Applicable Law

These Terms of Use are governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

§ 14 Place of Jurisdiction

The exclusive place of jurisdiction for all disputes arising from these Terms of Use shall be the registered office of the Service Provider, insofar as such an agreement on the place of jurisdiction is permissible.

Date: November 2022

Contact

Responsible authority in the sense of the Federal Data Protection Act (BDSG) and at the same time service provider in the sense of the Telemedia Act (TMG) is the CIB software GmbH. also see our imprint.

We are happy to receive enquiries, suggestions or comments. In particular, you can also ask us whether and which of your data we have stored.

You can request order information, corrections, deletions, and blockages of your data from us by e-mail (support@cib.de). The same applies to revocations of granted consents.