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CIB doXicloud is an offer of CIB Software GmbH, Elektrastr. 6a, 81925 Munich, Germany, hereinafter referred to as CIB.
§ 1 Object of Contract and Scope
(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.
(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.
§ 2 Scope of services
(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 Obligations 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.
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 Storage of Original Documents, Backup Copies
§ 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 para. 2 does not apply in case of injury to life, body, and health.
§ 7 Uploaded Files
§ 8 Costs
§ 9 Modification of Services
§ 10 Data Protection and Secrecy
(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.
§ 12 Severability Clause
§ 13 Applicable Law
§ 14 Place of Jurisdiction
Date: November 2022
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 hints. In particular, you can also ask us whether and which data we have stored about you.
You can request order information, corrections, deletions and blockages of your data from us by e-mail (firstname.lastname@example.org). The same applies to revocations of granted consents.