§ 1 Scope of application
- 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
- 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”).
- 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.
- The use of the platform is only permitted within the scope of the intended use (§ 6).
- 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
- 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.
- There is no right of the user to access files outside the possibility of downloading the files via the
- 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
- 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.
- 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
- Misuse or use contrary to contract by the user,
- planned and announced maintenance work on the computer centre,
- technical problems outside blackdot’s sphere of influence (e.g. Internet connection outside the data center) or
- force majeure
is not available.
- Blackdot does not adopt the content of the uploaded files as its own and accepts no responsibility for the transmitted content.
- In all other respects, the statutory warranty provisions shall apply.
§ 5 Liability
- Liability for defects already present at the time of conclusion of the contract is excluded according to § 536a BGB (German Civil Code).
- 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.
- 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.
- 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.’
- 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.
- Blackdot is only liable to the user. Liability towards other third parties is excluded.
- 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
- The user acts on his own responsibility when using the platform. However, he is prohibited from
using the platform contrary to its intended use.
- 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.
- 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:
- glorifying violence
- harmful to young people
- child pornographic
- punishable according to the StGB (German Penal Code) or other criminal secondary laws
- is comparable to the terms mentioned above.
- 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.
- 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
- 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.
- 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.
- 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
- 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.
- 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.
- 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
- The contract ends at the end of the storage term.
- 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