General Terms of Use transfer.army

§ 1 Scope of application

  1. The­se gene­ral­terms of use (“Terms”) app­ly to the con­trac­tu­al rela­ti­ons­hip bet­ween us, black­dot GmbH, Gewer­be­park Cité 4, 76532 Baden-Baden (also: “black­dot”) and the user of the ser­vice offe­red in accordance with § 2 (“User”).
  2. The­se con­di­ti­ons app­ly exclu­si­ve­ly to any use of the ser­vice; black­dot does not accept any con­flic­ting con­di­ti­ons of the user, unless black­dot has pre­vious­ly agreed to them in wri­ting.

§ 2 Scope of services

  1. Black­dot allows the user to use the web-based ser­vice transfer.army. This ser­vice enab­les the encryp­ted upload of tech­ni­cal­ly sui­ta­ble files for pri­va­te, in par­ti­cu­lar non-com­mer-cial, use on ser­vers ope­ra­ted by third par­ties on behalf of black­dot, which can then be retrie­ved for a cer­tain peri­od of time. For this pur­po­se, black­dot makes sto­rage space avail­ab­le to the user on data ser­vers in an exter­nal com­pu­ter cent­re of a third par­ty pro­vi­der for the sto­rage of the data collec­ted with the soft­ware. The user can upload and down­load files during the agreed dura­ti­on (“Plat­form”).
  2. As long as the Ser­vice is offe­red, the User may upload files to the Plat­form (“Upload”), by selec­ting files on his com­pu­ter or hard­ware envi­ron­ment via the cor­re­spon­ding func­tion on the Plat­form and uploading the files to the Plat­form via the Upload func­tion. The pre­sen­ta­ti­on of the soft­ware on the plat­form does not con­sti­tu­te a legal­ly bin­ding offer by black­dot, but merely a non-bin­ding invi­ta­ti­on to the user to sub­mit an offer. The user sub­mits this offer to black­dot by cli­cking on the “Upload” but­ton, ack­now­led­ging the­se terms of use and taking note of the pri­va­cy noti­ce. The soft­ware ope­ra­ted by black­dot gene­ra­tes a down­load link (“down­load link”) upon suc­cess­ful upload of the data to the plat­form and trans­mits it to the user. The uploading of the rele­vant file and the trans­mis­si­on of the asso­cia­ted down­load link shall be deemed accep­t­ance with regard to the respec­ti­ve data con­cer­ned and the con­tract shall thus be con­clu­ded.
  3. The down­load link con­sists of the down­load ID and the pass­word. Both are auto­ma­ti­cal­ly gene­ra­ted during the upload and pas­sed on to the user. Black­dot only gets know­ledge of the respec­ti­ve down­load ID. The indi­vi­du­al­ly gene­ra­ted pass­word is only com­mu­ni­ca­ted to the user. Black­dot never has unen­cryp­ted access to the files at any time and the­re­fo­re can­not view the con­tents of the files unen­cryp­ted or decrypt the files. A suc­cess­ful upload of data to the plat­form without the user recei­ving a down­load link is tech­ni­cal­ly impos­si­ble. With the down­load link, the user can down­load the files to his PC for a cer­tain peri­od of time.
  4. The use of the plat­form is only per­mit­ted wit­hin the scope of the inten­ded use (§ 6).
  5. The sto­rage peri­od of data on the plat­form shall be 14 days, begin­ning from the time of com­ple­ti­on of
    the upload of the respec­ti­ve file and rece­i­pt of the down­load link (“Term”). At the end of the run­ti­me,
    the files are auto­ma­ti­cal­ly dele­ted irre­triev­a­b­ly.

§ 3 Scope of Services and Restrictions and Impairments of the Possibility of Use

  1. The upload and the pos­si­bi­li­ty of down­loading the files uploa­ded by the user depends on the tech­ni­cal
    access to the ser­vice of the exter­nal com­pu­ter cent­re of the ser­vice pro­vi­der com­mis­sio­ned by
    black­dot. Black­dot is enti­t­led to sub­con­tract the ser­vices under this Agree­ment to a third par­ty.
  2. The­re is no right of the user to access files out­side the pos­si­bi­li­ty of down­loading the files via the
    down­load link.
  3. Black­dot points out to the user that (e.g. through actions by third par­ties not affi­lia­ted with black­dot
    or other influ­en­ces out­side the sphe­re of influ­ence of black­dot) the pos­si­bi­li­ty of use can be restric­ted
    or impai­red. The pos­si­bi­li­ty of use may also be restric­ted or impai­red due to the soft­ware or hard­ware
    of the user. A afo­re­men­tio­ned or com­pa­ra­ble impairment or restric­tion of use has no effect on the
    con­trac­tual­ly owed ser­vice.

§ 4 Warranty

  1. Black­dot pro­vi­des the cur­rent ver­si­on of the plat­form. Black­dot makes no spe­cial assuran­ces and
    makes no gua­ran­tees or decla­ra­ti­ons regar­ding the qua­li­ty or sui­ta­bi­li­ty, in par­ti­cu­lar the plat­form, the
    soft­ware ope­ra­ted for the pur­po­se of exe­cu­ting the con­tract and the soft­ware envi­ron­ment for the
    indi­vi­du­al pur­po­ses of the user as well as com­pa­ti­bi­li­ty with all other soft­ware or hard­ware pro­ducts.
  2. Black­dot gua­ran­tees an avai­la­bi­li­ty of the plat­form in the form of access to the data stored in the data
    cen­ter at the trans­fer point (i.e. at the rou­ter end­point of the data cen­ter com­mis­sio­ned by black­dot) of
    99% in the calen­dar year average. Non-avai­la­bi­li­ty wit­hin the mea­ning of the pre­vious sen­tence shall
    be assu­med if the soft­ware is not avail­ab­le to the user due to cir­cum­s­tan­ces for which black­dot is
    respon­si­ble. Such non-avai­la­bi­li­ty shall not be assu­med, in par­ti­cu­lar, if the soft­ware is not avail­ab­le
    due to
    1. Misu­se or use con­tra­ry to con­tract by the user,
    2. plan­ned and announ­ced main­ten­an­ce work on the com­pu­ter cent­re,
    3. tech­ni­cal pro­blems out­side blackdot’s sphe­re of influ­ence (e.g. Inter­net con­nec­tion out­side the data cen­ter) or
    4. for­ce majeu­re

    is not avail­ab­le.

  3. Black­dot does not adopt the con­tent of the uploa­ded files as its own and accepts no respon­si­bi­li­ty for the trans­mit­ted con­tent.
  4. In all other respects, the sta­tu­to­ry war­ran­ty pro­vi­si­ons shall app­ly.

§ 5 Liability

  1. Lia­bi­li­ty for defects alrea­dy pre­sent at the time of con­clu­si­on of the con­tract is exclu­ded accord­ing to § 536a BGB (Ger­man Civil Code).
  2. Black­dot is liable without limi­ta­ti­on for intent and gross negli­gence, inclu­ding its vica­rious agents.
    Lia­bi­li­ty for dama­ges resul­ting from inju­ry to life, body or health and for dama­ges based on the
    absence of a war­ran­ted cha­rac­te­ris­tic shall remain unaf­fec­ted.
  3. Black­dot shall only be liable for slight negli­gence if an obli­ga­ti­on is breached, the obser­van­ce of
    which is essen­ti­al for achie­ving the pur­po­se of the con­tract or is of par­ti­cu­lar impor­t­ance (“car­di­nal
    obli­ga­ti­on”). In case of vio­la­ti­on of a car­di­nal obli­ga­ti­on, blackdot’s lia­bi­li­ty is limi­ted to the dama­ge
    typi­cal­ly fore­see­ab­le wit­hin the scope of this con­tract.
  4. For loss or dama­ge of data, black­dot is liable in accordance with § 690 BGB only for the care
    cus­to­ma­ry in its own affairs, but always for intent and gross negli­gence.’
  5. In the event of lia­bi­li­ty for loss or dama­ge of data in the event of slight negli­gence, this shall be
    limi­ted to the typi­cal cost of reco­very that would have been incur­red if back­up copies had been made
    regu­lar­ly and in accordance with the risks invol­ved.
  6. Black­dot is only liable to the user. Lia­bi­li­ty towards other third par­ties is exclu­ded.
  7. Other­wi­se, the sta­tu­to­ry pro­vi­si­ons shall app­ly. In par­ti­cu­lar, the sta­tu­to­ry lia­bi­li­ty under the Pro­duct
    Lia­bi­li­ty Act remains unaf­fec­ted.

§ 6 Obligations of the user and intended use

  1. The user acts on his own respon­si­bi­li­ty when using the plat­form. Howe­ver, he is pro­hi­bi­ted from
    using the plat­form con­tra­ry to its inten­ded use.
  2. The publi­ca­ti­on and making acces­si­ble of files with ille­gal con­tent or the publi­ca­ti­on and making
    acces­si­ble of files which are pro­tec­ted by trade­mark, copy­right or other legal rights and for the
    publi­ca­ti­on or making acces­si­ble of which the user does not have the cor­re­spon­ding aut­ho­ri­sa­ti­on of
    the hol­der of the indus­tri­al pro­per­ty right is regar­ded as impro­per use.
  3. The user under­ta­kes not to use the plat­form to publish and make acces­si­ble ille­gal con­tent on the
    Inter­net. Ille­gal con­tent inclu­des in par­ti­cu­lar files with the fol­lowing con­tents:
    1. glo­ri­fy­ing vio­lence
    2. harm­ful to young peop­le
    3. child por­no­gra­phic
    4. racist
    5. inflamma­to­ry
    6. punis­ha­ble accord­ing to the StGB (Ger­man Penal Code) or other cri­mi­nal secon­da­ry laws
    7. is com­pa­ra­ble to the terms men­tio­ned abo­ve.
  4. The user under­ta­kes not to use the plat­form to publish or make acces­si­ble on the Inter­net files who­se
    con­tent is pro­tec­ted by trade­mark law, copy­right or any other pro­per­ty right and who­se publi­ca­ti­on or
    making acces­si­ble the user is not enti­t­led to.
  5. The user under­ta­kes to inform black­dot immedia­te­ly by noti­fy­ing the down­load ID if he is of the
    jus­ti­fied assump­ti­on that a file to be spe­ci­fi­cal­ly named by him and uploa­ded to us infrin­ges the rights
    of third par­ties, in par­ti­cu­lar trade­mark rights, copy­rights or other pro­per­ty rights, or is other­wi­se not
    used as inten­ded.

§ 7 Procedure in the event of improper use of the platform

  1. Black­dot is not obli­ged to con­ti­nuous­ly check the con­tent of the files uploa­ded to the plat­form and
    can­not do so due to the encryp­ti­on of the data without pro­vi­ding the pass­word.
  2. If black­dot beco­mes awa­re that the user is con­tra­vening the inten­ded use, black­dot shall be enti­t­led
    and obli­ged to block or dele­te the files in accordance with the sta­tu­to­ry pro­vi­si­ons after veri­fi­ca­ti­on,
    pro­vi­ded that the veri­fi­ca­ti­on does not result in the inten­ded use.
  3. Black­dot may request the user to com­ment on suspec­ted impro­per use wit­hin a short peri­od of time
    befo­re black­dot blocks access to the files. If, as a rule, a con­ta­ct to the user is not pos­si­ble, the
    blo­cking and, if necessa­ry, dele­ti­on takes place with know­ledge of con­cre­te law brea­kings or offen­ces
    accord­ing to § 6 in the con­text of a balan­ce of inte­rests. In this case and in the case of the request for
    comments, the user con­cer­ned can pro­ve that the­re is no infrin­ge­ment. If, wit­hin this peri­od, the user
    does not suc­ceed in pro­ving the lega­li­ty of the publis­hed and acces­si­ble files or, in the case of
    alle­ged­ly infrin­ged indus­tri­al pro­per­ty rights, does not sub­mit a cor­re­spon­ding decla­ra­ti­on by the
    alle­ged­ly inju­red third par­ty that he tole­ra­tes the rele­vant con­tents, the data will be blo­cked and
    dele­ted. The same app­lies if the inspec­tion by black­dot shows that the pro­duct has not been used as
    inten­ded.
  4. For the dura­ti­on of the blo­cking or dele­ti­on of the data, the user has no claim to the pos­si­bi­li­ty of
    down­loading the data uploa­ded by him.
  5. If black­dot is cal­led upon by third par­ties to remo­ve files that are alle­ged­ly or actual­ly not inten­ded
    for use, black­dot is enti­t­led to block and dele­te them. As far as is tech­ni­cal­ly pos­si­ble and rea­son­ab­le,
    black­dot will check the legi­ti­ma­cy of the com­p­laint immedia­te­ly after beco­m­ing awa­re of it.
  6. If an exami­na­ti­on by black­dot reve­als that the file uploa­ded by the user has ille­gal con­tent or is
    other­wi­se not used as inten­ded, black­dot is enti­t­led to block and dele­te the file befo­re the end of the
    term, even if the lega­li­ty of the con­tent of the file is later estab­lis­hed.

§ 8 Termination of the contract

  1. The con­tract ends at the end of the sto­rage term.
  2. The right to extra­or­di­na­ry ter­mi­na­ti­on remains unaf­fec­ted.

§ 9 Place of jurisdiction for entrepreneurs

Inso­far as the user is not a con­su­mer but an entre­pre­neur, Baden-Baden is agreed as the exclu­si­ve
place of juris­dic­tion for all legal dis­pu­tes ari­sing from this con­tract.

§ 10 Applicable law

The law of the Federal Repu­blic of Ger­ma­ny is agreed upon.

Sta­tus: May 2019