Terms of Use CIB doXiview

Change of the terms of use

We will be changing our terms of use on 01/08/2023. In particular, we have made the following changes:

  • For the time being, no uploaded data will be used for AI training, section 3 no. 2 and section VIII.
  • Adjustment and updating of § 1
  • Adjustment of the limitation of liability in § 6 (formerly clause V.)

The amendment to the Terms of Use shall be effective as of 01.08.2023. Unless you object to the amendment by 31.07.2023, the updated Terms of Use shall be deemed to be effectively agreed as of 01.08.2023. You can send your objection to support@cib.de

The old terms of use can be accessed for comparison under the following link: https://doxiview-intern.cib.de/doxiview-home/terms-de.html

CIB doXiview is an offer of CIB software GmbH, Elektrastraße 6a, 81925 Munich Germany, hereinafter referred to as CIB.

For the use of the web application CIB doXiview, available under the following link: https://doxiview.cib.de/doxiview-home, the following terms and conditions apply.

These Terms of Use are available on the website https://www.cib.de/termsofuse-doxiview/ so that the user can view them at any time and download, save and read them on his PC, smartphone or other devices.

§ 1 Subject matter of the contract and scope of application

(1) CIB doXiview is an application for viewing PDFs on the Internet. Furthermore, CIB doXiview can be used for editing PDFs, such as filling in and signing PDFs. In addition, images can be converted to and from PDF. More information on the use of doXiview and its functions can be found at https://www.cib.de/doxiview/ and https://doxiview.cib.de/showcase.

(2) Login/registration or installation is not required for use.

(3) The connection of the user to the internet, the maintenance of the network connection as well as the procurement and provision of the hardware and software required for the use of the web application is not subject of these terms of use. In order to be able to use CIB doXiview, the user must therefore provide Internet access and all technical devices required for this on his own responsibility and bear the fees incurred in this connection himself.

(4) These terms of use apply to all contracts of use between CIB and the user of the free CIB doXiview web application. By uploading a file to the web application the user agrees to the validity of these GTC.

§ 2 Rights of use and scope of services

(1) CIB grants the customer the non-transferable, non-exclusive, non-sublicensable and worldwide right to use the doXiview service for the purposes of the user contract for the duration of the respective user contract.

(2) The user is entitled to use CIB doXiview exclusively for his own purposes. An authorisation for commercial use or further exploitation is not granted.

(3) Users may be natural persons of unlimited legal capacity; other persons require the consent of a legal representative.

(4) Deviating from this, the respective licence conditions of the open source software apply to the integrated software libraries.

(5) CIB is entitled to use subcontractors for the contractual performance of services.

§ 3 Rights and duties of the user

The user shall use the doXiview services exclusively in accordance with applicable law and these terms of use. In particular, the user shall ensure that the content made accessible or disseminated by him via and within the framework of the use of the CIB doXiview services does not infringe any rights of third parties (e.g. personal rights, rights to one's own image, copyrights, trademark rights, etc.) and does not violate applicable law (e.g. youth protection regulations) in any.

§ 4 Retention of source documents, backup copies

The Service is for the viewing and editing of documents. It is the user's responsibility to keep the source documents and processed documents safe and to save them after processing.

§ 5 Release from Liability

(1) The user shall indemnify CIB against all claims, including claims for damages, asserted by third parties, including public authorities, on the basis of an infringing use of the doXiview service by the user.

(2) The user shall bear all reasonable costs, including reasonable costs incurred for legal defence, incurred by CIB due to the infringement of third party rights by the user. The user has the right to prove that CIB actually incurred lower costs.

(3) The aforementioned obligations shall only apply insofar as the user is responsible for the infringement in question, i.e. insofar as the user has committed the infringement knowingly or intentionally or has disregarded the due care required in the course of trade.

§ 6 Limitation of liability for services provided free of charge

(1) CIB endeavours to ensure that CIB doXiview is available without interruptions and that the display and processing of documents are error-free. CIB accepts no responsibility that CIB doXiview is suitable for the user's purposes, is free of errors and is securely available. CIB is not obliged to update and correct errors.

(2) If the user suffers damage as a result of using the services provided free of charge with CIB doXiview, CIB shall only be liable insofar as the damage has arisen as a result of the use of the free content and/or 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

(1) The user agrees that he or she is responsible for any documents and data that the user uploads or transmits via CIB doXiview.

Der Nutzer gewährt CIB und den zur Serviceerbringung eingesetzten Subunternehmern das nicht-ausschließliche Recht, die Inhalte und Bearbeitungen ausschließlich zur Nutzung und Bereitstellung des CIB doXiview-Dienstes. Insbesondere darf CIB die Dateien und Bearbeitungen vervielfältigen, verarbeiten, verändern und in anderer Form anzeigen.

§ 8 Costs

(1) The CIB doXiview service is currently free of charge with regard to the scope of services described on www.cib.de/doXiview/.

(2) CIB reserves the right to offer the use of the CIB doXiview service in the future for a fee or to expand it with functions for which a fee is charged.

§ 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 CIB doXiview the user only uploads files which he wants to transfer to CIB servers. It is technically necessary for the use of the service that the data are transferred to the server. All documents and texts are automatically deleted from the server immediately after processing.

(2) CIB will observe the applicable data protection regulations, in particular the Federal Data Protection Act, when processing and using personal customer data (hereinafter "data"). More detailed information on the handling of data can be found in the data protection provisions of CIB at https://www.cib.de/en/privacy-policy/

§ 11 Changes of the Terms of Use

CIB reserves the right to amend these Terms of Use at any time with effect also within the existing contractual relationships. CIB shall inform the users of such changes by means of an announcement on the website https://www.cib.de/termsofuse-doxiview/ at least 30 calendar days before the planned entry into force of the change. If the user does not object within 30 days of receipt of the notification and continues to use the services even after expiry of the objection period, the changes shall be deemed to have been agreed with effect from the expiry of the period. In the event of an objection, the contract shall be continued under the previous conditions, insofar as this is possible. CIB shall inform the user of his right to object and of the consequences in the notice of amendment.

§ 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 as close as possible to the economic purpose 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: June 2023

Contact

Responsible in the sense of the German Federal Data Protection Act (BDSG) and at the same time service provider in the sense of the German Telemedia Act (TMG) is CIB software GmbH, cf. our imprint https://www.cib.de/en/legal-advice/

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 also request information, corrections, deletions and blocking of your data from us by e-mail (support@cib.de). The same applies to revocations of consent given.

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