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General terms and conditions

§ 1 General
a) Scope

These terms and conditions apply to all business relations between Stackfield GmbH, Nußbaumstr. 4, 80336 München, represented by its Managing Director: Mr. Cristian Mudure (hereinafter called Stackfield) and their Users, in the version valid at the time of contract conclusion. Opposing general terms and conditions of the User are hereby expressly excluded.

b) Contract Agreement

The contract language is German. In case of doubt, if German and English versions of the text exist, the German version of the text will prevail.

c) Subsequent changes of the Terms and Conditions

Stackfield is authorized to subsequently adjust and supplement the terms and conditions of existing users, as far as changes in legislation or prevailing case-law require or other circumstances render that the contractual equivalence ratio is not only disturbed slightly. A subsequent change of the general terms and conditions will take effect if the user does not contradict within six weeks after notification of the changes. Stackfield will explicitly inform the user at the beginning of this period that his silence will be considered as acceptance of the contract amendment and that he has the possibility to submit an explicit statement. If the user objects within the prescribed period, both Stackfield and the user can terminate the contract extraordinarily.

§ 2 Service provision
a) 14-day Trial

The registration of a new account takes place in three steps. In the first step, the user enters his information, e-mail address and password. By clicking on “Start free trial”, the user finishes the registration. Afterwards the user receives an e-mail that contains a confirmation link. The user has to confirm his registration by clicking on this link. With the confirmation of the registration, the user makes a binding contractual offer. The confirmation mail does not represent a binding acceptance of the registration by Stackfield. Stackfield is entitled to accept the contractual offer within two days by e-mail, fax, telephone or mail. By accepting, the contract between Stackfield and the user is concluded.

By creating an organization on Stackfield, the user is given the opportunity to test all features on a trial basis for 14 days. The user can already book licenses for all members of the organization during the 14-day trial period. This allows the further use of the organization.

b) Paid continued use

The user needs to deposit valid billing information and all other required information (e.g. name, address, number of booked accounts) in order to access the data rooms of his organization after the 14-day trial phase. After entering his information the user has to confirm the continued use of Stackfield by clicking on the button “Confirm Payment”.

There will be no costs for users who don’t log in after the 14-day trial phase. Stackfield will delete the user account after 3 months.

c) Contract term

Depending on the chosen contract, the duration and billing unit of the contract are one month or one year. Unless the contract has been cancelled before expiry of the term of the contract, the contract will be extended by the respective agreed term. This does not affect the right to terminate the contract for important reasons.

d) Storage of the contract text

The contract text is stored by Stackfield and sent to the user in writing (e.g. e-mail, fax or post) after submitting his application, together with these Terms and Conditions and User Information. However, the contract text is not available for the User on the website after his submitting of the order. The user can print out the relevant website with the contract text by using the print function of the browser.

§ 3 Service Provision
a) General information

Stackfield is a provider in the field of Business Cloud Solutions in Germany. For successful and optimal implementation of work processes, Stackfield offers a general or individually designed cloud solution, to meet the needs of Users. This includes in particular the storage of personal content and data with the target and the ability to access this stored data using specific devices and computer with Internet access.

b) Commencement of service

The booked services are provided to the user immediately after entering the billing information and the dispatch of the payment.

c) Performance delays

Performance delays due to force majeure or due to extraordinary and unforeseen events, which cannot be prevented by the utmost care of Stackfield (this includes in particular strikes, governmental or judicial orders and cases of incorrect or improper delivery despite pertinent covering transaction), are not the responsibility of Stackfield. They entitle Stackfield to delay the provision of services by the duration of the disabling event.

d) Cancellation

In case of non availability because of the reasons mentioned above, Stackfield may withdraw from the contract. Stackfield commits itself to inform the User immediately of the unavailability and to repay any possible advanced payments by the User without delay.

e) Technical Requirements and Permissions

The use of the services offered by Stackfield requires specific compatible devices and software, as well as sufficient internet access. Granular permissions and access rights may be issued for each user, for each workspace and for each module.

f) Account restriction

Stackfield reserves the right to limit the number of accounts associated with a device as well as the number of devices associated with an account.

g) Data Access

The Data Privacy Agreement applies. Stackfield collects, stores and processes data to the extent that is necessary, for the agreed performance. The data are stored in Germany.

§ 4 Payment
a) Payment methods

Stackfield accepts payments by credit card and direct debit.

b) Prices

All prices are listed exclusive of VAT. The fee fort he services offered by Stackfield results from the contractual agreement and depends on the selected account type and scope of services.

c) Delay of payment

The User is in delay of payment, if the payment is not received by Stackfield within two weeks after invoice receipt. Interest for late payment in the amount of 5 percent over the base rate of the Central European Bank, or 9 percent over the base rate of the Central European Bank can be calculated, regarding legal transactions where a consumer is not involved. If the User is in delay with his payments, Stackfield reserves the right to charge overdue fees in amount of 2.50 EUR. The assertion of any further damage claims remains unaffected. The User has the possibility to prove that no or small damage has occurred to Stackfield.

d) Account suspension in case of payment delay

In case of delay of payment, the account of the User can be suspended. The data will be made available again after the receipt of the outstanding payment (s).

e) Right of retention

The right of retention can be used by User for such considerations which are due and are based on the same legal relationship as the obligations of the User.

§ 5 Right of revocation for consumers for distance selling contracts
Revocation for consumers

Right of revocation

You can revoke your contract within 14 days without giving reasons in writing (e.g. letter, fax, e-mail).

The withdrawal period is 14 days from the date of contract conclusion.

To exercise the withdrawal, you have to inform us (Stackfield GmbH, Nußbaumstr. 4, 80336 Munich, E-Mail: info@stackfield.com, Tel.: +49 (0) 89 215 5058- 40, Fax: +49 (0) 89 215 5058- 49) by a clear declaration (e.g. consigned by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form.

To meet the revocation deadline it is sufficient to send the notification before the expiry of the withdrawal period.

Consequences of revocation

If you withdraw from this contract, we will reimburse all payments that we have received from you, including the cost of delivery (with exception of additional costs arising from the fact that you have chosen a different shipping option than the offered by us) without delay and within 14 days from the date on which the notification of cancellation has been received by us. For that repayment we use the same method of payment that you used in the original transaction, unless you explicitly agreed upon another option. In no case you will be charged fees for this repayment.

If you require that the services begin during the withdrawal period and exercise the right of withdrawal, you have to pay a reasonable amount as compared to the total amount of services as foreseen in the contract.

- End of the information about right of revocation -
§ 6 Responsibility of the User
a) General information

For the accuracy of the content and information data transmitted to Stackfield, the user himself is responsible.

b) Rights of third parties

Furthermore, the User also commits not to save data on the Stackfield platform, to release or otherwise make available to other Users or third parties, contents that violate the rights of third parties or violate existing laws.

c) Log-in password

The user is solely responsible for the administration of his log-in password. He meets the appropriate measures to prevent a disclosure by third parties or a loss. The log-in password is also used for client-side encryption and decryption of transmitted data. Neither Stackfield nor any third party can view encrypted data or decrypt it. The log-in password is not transmitted to Stackfield. If the User loses his log-in password, Stackfield cannot decrypt the data or restore it. Since Stackfield cannot regenerate the master password, the client side encrypted data will be irretrievably lost if a Stack is not shared with a second user, which is able to reactivate the user, who has resetted his password.

d) Confidentiality

The rights of the User emerging from this contract are not transferable. The password which allows user access to the personal area and thus to data collection and data storage, is strictly confidential and may not be disclosed to third parties under any circumstances. The User shall take appropriate and reasonable measures to prevent the disclosure of his password by third parties.

§ 7 Copyrights
a) General information

The user of the services offered by Stackfield must comply with the applicable copyright or other rights of third parties upon account use and, if necessary, seek the express consent of the copyright holder before use. This includes apart from use, as specified by § 5 of these Terms of Use, especially the Reverse Engineering or the access to service in order to create similar products and services, as well copying or reproducing representations, operations, functions or graphics.

b) Creation of links

The creation of links to the user-uploaded content and data on Stackfield or any other content is permitted, provided that the rights of third parties preclude/a consent of the copyright holder is necessary. In particular, the creation of links is allowed if it is related to room invitations.

§8 Availability / Backup duty
a) No guarantee for permanent availability

Stackfield does not guarantee the permanent availability of the services offered. Stackfield does also not ensure that the services offered or parts thereof can be made available and can be used from any location.

b) Minimum System requirements

Following browsers have been tested and are supported: Chrome (version 20), Firefox (version 17), Internet Explorer (version 10), Opera (version 15) or Safari (version 6). It’s not possible to download files in Safari, uploads are not affected. There is no need for plugins.

c) Backup duty

Stackfield performs in the context of service delivery effective data backups, but bears no general data protection guarantee for of data input by the Users in the system. The User is also responsible to periodically create adequate backups of his data and thus prevent data loss. Stackfield will exercise reasonable care in the provision of the agreed services and will provide data backup with the necessary expertise. However, Stackfield does not ensure that the stored content or data accessed by the user, are not accidentally damaged or corrupted, lost or partially removed.

§ 9 Use
a) General information

The User agrees to use the services offered by Stackfield only as permissible by law and in accordance the extent of these General Terms and conditions. Improper use leads to the exclusion of the right of use conferred by the registration. After becoming aware of misuse, Stackfield will deactivate the user account of the corresponding user. Already paid fees are not refundable in this case.

b) Misuse

Misuse is present in particular in copyright infringement. In addition, misuse lies in the provision, dissemination or otherwise exploitation of illegally acquired data as well as in the distribution or supply of data for illegal purposes. In particular, the use of Stackfield Services

  • to send spam,
  • to send and store infringing, obscene, threatening, abusive or otherwise third party offensive content,
  • for transmitting and storing viruses, worms, trojans and malicious computer codes, files, scripts, agents or programs,
  • for uploading of programs which are suitable to interfere, impair or prevent with the operations of Stackfield,
  • the attempt to gain unauthorized access to Stackfield Service or to individual modules, systems or applications, or to grant such third party

abusively.

c) Exemption

The User agrees to release Stackfield of all third party claims, including reasonable or legally defined costs for prosecution, based on a non-contractual, abusive and / or illegal use of the website services and their content by the user. The user supports Stackfield in the defense of these claims, in particular by making available of all, necessary information for the defense. The user is obliged to pay compensation, for damage created to Stackfield by the successful enforcement of such claims by third parties.

§ 10 Liability
a) Disclaimer

Stackfield and their legal representatives and vicarious agents are liable only for willful misconduct or gross negligence. For slight negligence, liability relates only to the violation of essential contractual obligations, hence such obligations, of which fulfillment are of particular importance to the purpose of the contract. The liability is limited to the foreseeable, typical, direct average damage. Compared to Users, who are not consumers, Stackfield is liable in case of gross negligence breach of essential contractual obligations only to the amount of the foreseeable, contractually typical, direct average damage.

b) Disclaimer of Liability

The above disclaimer does not apply to liability for damages arising from injury to life, body or health. Also, the provisions of the Product Liability Law shall remain unaffected by the disclaimer.

§ 11 Final provisions
a) Jurisdiction

The exclusive place of jurisdiction for all legal disputes arising from this contract shall be the place of the registered office of Stackfield Munich, as far as the User is a merchant, a legal entity under public law or a separate estate under public law, or if the User has no jurisdiction in the Federal Republic of Germany.

b) Choice of Law

Unless mandatory legal provisions, by the national law of the User, German law shall apply.

c) Severability clause

The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.

d) Alternative Dispute Resolution (B2C)

The EU Commission has created an Internet platform for the online settlement of disputes concerning contractual obligations from online contracts (OS platform). We are not obliged to participate in a dispute resolution with a Consumer Arbitration Board and we won't participate in such. You can reach the OS platform at the following link: http://ec.europa.eu/consumers/odr/

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