Terms of use for the services and software of FilesApp GmbH

Last updated: 2023-06-11

 

 

1         Preamble

FilesApp GmbH offers the file management app “FilesApp”, which enables, among other things, intelligent document and file management.

In accordance with the services listed under point 3, the FilesApp offers the following advantages:

  • Search functionality for data and files across all connected storage systems
  • Structured storage of files based on the document type defined by the user

 

Our aim is to provide a clear and structured overview with quick access in the digital world, whether in a private or business environment: FilesApp should become your
hero of files that you can rely on and keep track of.

The protection and security of personal data is the most valuable asset in the digital world, which is why FilesApp was developed in such a way that data management is the responsibility of private users and companies. More about this in the FilesApp privacy policy, which can be found at http://filesapp.com/PrivacyPolicy

 

 

2       General and scope

 

2.1      

These Terms of Use of FilesApp apply to the entire contractual relationship between FilesApp GmbH and the contractual partner (hereinafter: “user”) who uses the FilesApp service.

 

2.2     

The user within the meaning of these Terms of Use are consumers according to §13 of the German Civil Code (hereinafter referred to as “BGB”) as well as entrepreneurs according to §14 of the BGB.

 

2.3     

The inclusion of the user’s own terms and conditions is objected to, even if reference is made to his general terms and conditions in an order, in an inquiry and/or in a comment field and/or in any other statement on the part of the user.

 

2.4     

FilesApp reserves the right to amend or supplement these Terms of Use for legitimate reasons. Legitimate reasons may be, for example, an improvement or addition to existing functions of the FilesApp Services, to implement scientific and technical advances in order to make appropriate technical adjustments to ensure the functionality or security of the FilesApp Services, or for legal reasons.

 

2.5     

Furthermore, FilesApp GmbH reserves the right to change the prices for paid subscriptions for new contracts. In the context of ongoing subscriptions, price adjustments may become necessary, these are carried out at the beginning of a new subscription period, which the user will be informed accordingly.

 

2.6     

FilesApp GmbH will inform the user about updates via the notification feature in FilesApp.

 

2.7     

If the User doesn’t wish to continue using the FilesApp Services under the new version of the Agreement, they may be terminated in accordance with 6 of these Terms of Use.

 

 

3       FilesApp Services

 

3.1     General Services

The FilesApp connects memory systems using API interfaces (Application Programming Interfaces) so that a user’s storage systems can be displayed at a glance in the FilesApp. The files can be edited via the FilesApp application, but the files are not stored in the FilesApp. The location of the file is determined individually by the user within the integrated storage systems.

 

3.2    Services

The scope of the functionalities of the FilesApp, the technical information and the data streams can be found in the current version under http://filesapp.com/support/support-en/ and in the FilesApp privacy policy.

The prices of the paid versions of the FilesApp are subject to the terms and conditions available athttp://filesapp.com/pricing or in the online stores of the smartphone operating system manufacturers for which the FilesApp is available.

 

3.3    FilesApp Private

Free version with the following features:

  • Use of the FilesApp for all available operating systems
  • Possibility of integration of all private storage systems that are mapped in the FilesApp
  • adverts in the apps

 

3.4    FilesApp Private+

Paid version, features like FilesApp Private, additionally:

  • Use of artificial intelligence to recognize document types and tag content
  • ad-free

 

3.5    FilesApp Business Basic

Paid version for commercial and/or institutional users, features such as FilesApp Private+, additionally:

Integration of the booked business connections

 

3.6    FilesApp Business Professional

Paid version for commercial and/or institutional users, features such as FilesApp Business Basic, additionally:

  • API usage options for connecting other systems (ERP systems, CRM, etc.)
  • Usage of own workflows with Microsoft Power Automate

 

3.7     

The FilesApp Business licenses can be combined with each other, i.e., X-licenses of FilesApp Business Basic and Y-licenses of FilesApp Business Professional can be booked.

 

 

4       Rights of use

 

4.1      

FilesApp is the sole owner of all rights to the FilesApp Services. There is no sale or transfer of ownership to the user.

 

4.2     

The user is granted a limited, non-exclusive, revocable right to use the FilesApp services.

 

4.3     

This right of use shall remain in force unless and until it is terminated by the user or FilesApp GmbH in accordance with these Terms of Use. The user assures and agrees that the FilesApp services will not be redistributed or transferred. Except for the rights expressly granted in these Terms of Use, FilesApp GmbH does not grant the user any rights, title or interest in the FilesApp services or content.

 

4.4    

FilesApp GmbH is the sole owner of logos, domain names and other features of the FilesApp brand (“FilesApp Brand Features”). The agreement does not grant the user any rights to use FilesApp brand features, whether for commercial or non-commercial use.

 

 

5       Obligations of the user

 

5.1      

The user agrees to comply with these terms of use and not to use the FilesApp Services or the content or any part thereof in a manner not expressly permitted by the agreement.

 

5.2     

The user assures and confirms that he/she has the appropriate authority to act in the event of a license booking for the integration of business storage systems and that it will be presented to FilesApp GmbH upon request.

 

5.3     

The user is prohibited from reproducing, reverse engineering, disassembling, attempting to derive or modify its source code or creating derivative works from the function of the FilesApp.

 

 

6       Contract Conclusion

 

6.1      

The user can download the application via the App Stores (Google Play Store, Apple Store) in accordance with the terms and conditions of the store operator or via the download area on the FilesApp website or use it via web client. In order to use the FilesApp, the user must agree to these terms of use.

 

6.2     

Within the free app version FilesApp Private, users have the option of booking extended functions with the FilesApp Private+ according to 3.4. This additional booking is possible via the button “FilesApp Private+” as well as the acceptance of the corresponding terms of use.

 

6.3     

The FilesApp Private+ add-on booking is only possible for FilesApp private users via the Apple and Google App Stores. After booking via an App Store, the FilesApp Private+ can be used on all devices as well as the web client.

 

6.4    

FilesApp Business product variants can be licensed via Online Store function of the FilesApp website http://filesapp.com/pricing or FilesApp partners. It can then be used via all devices as well as via web client.

 

 

7       Contract Term and Termination

 

7.1      

Unless otherwise agreed in writing between FilesApp GmbH and the user, the contractual relationship begins with the consent of these terms of use.

 

7.2     

FilesApp Private users can terminate their contractual relationship with FilesApp GmbH at any time. For this purpose, the corresponding option to delete the account is available in the settings area of the app.

 

7.3     

As part of the booking of FilesApp Private+ and the FilesApp Business product variations, the user concludes a subscription (continuing obligation) for a period of one (1) month (e.g. 14.05.xx-13.06.xx) with FilesApp GmbH.

 

7.4     

The beginning of the subscription period is the time of booking of FilesApp Private+ and the FilesApp Business product variations unless another time has been selected.

 

7.5     

The subscription will automatically renew for another month unless cancelled by either party one (1) day prior to the next renewal of the subscription. No justification is required for this termination.

 

7.6     

For the FilesApp Business product variations, the number of licenses can be adjusted up to one (1) day before the renewal of the subscription.

 

7.7     

The right to terminate for good cause in accordance with § 543 BGB remain unaffected.

 

7.8     

In particular, FilesApp GmbH has the right to extraordinary termination without notice

  1. if, for legal or technical reasons, the provision of a service can only be guaranteed with an unreasonably long interruption or becomes impossible (in particular also due to changed market circumstances with disclosure of the specific circumstances relevant to the impossibility and independent of our will),
  2. if the user engages in illegal activities or offers politically extremist content on his/her website or if FilesApp has to fear reputational damage in the event of cooperation,
  3. if an application for insolvency has been filed against the assets of a user, this application has been rejected for lack of assets (insofar as this means that a justified additional claim for ancillary costs is not enforceable and the user refuses to pay) or if the user is in other financial difficulties that have exceeded his/her contractual obligation to of the FilesApp, or
  4. if the user violates essential contractual obligations or continues contractual obligations towards FilesApp.
  5. If the user is in default of payment.
  6. in the event of reasons that entitle the user to extraordinary termination, FilesApp is also entitled to deactivate or block the individual services in whole or in part for use by the user. This applies in particular to a clarification phase in which the user is given the opportunity to comment.

 

7.9     

Consequences of termination of the contract: At the end of the contract period, the user is obliged to refrain from further use of the software. After the end of the contract, the user no longer has access to the integrated storage systems via FilesApp. FilesApp GmbH deletes the user’s data three (3) months after termination of the contract, unless FilesApp GmbH is legally obliged to retain them.

 

 

8       Admission requirements and availability

 

8.1      

In order to use the FilesApp, existing accounts in the storage systems to be connected are required, whose authentication data must be entered by the user.

 

8.2     

Availabilities may depend on the storage systems integrated in the FilesApp, over which FilesApp GmbH has no influence. FilesApp GmbH assumes no liability for such impairments or other unavailability.

 

8.3     

The services of the FilesApp are operated in certified and redundant data centers by renowned service providers. FilesApp GmbH assumes no liability for impairments or other unavailability of the service providers.

 

8.4    

FilesApp GmbH strives to provide a stable and reliable service of the application, but no liability can be assumed for a temporary unavailability of the FilesApp. FilesApp GmbH may temporarily restrict availability if this is necessary with regard to capacity limits, security or integrity of the servers or for the implementation of technical maintenance or repair measures and this serves the proper or improved provision of the services (maintenance work). The liability according to section 12 remains unaffected by this.

 

 

9       Customer Service and Suggestions

 

9.1      

If you have any questions regarding the FilesApp, please contact us on the FilesApp website via http://filesapp.com/support/support-en and, if applicable via the FilesApp partners.

 

9.2     

Possible errors or suggestions about FilesApp Software can be sent to support@filesapp.com via email.

 

 

10     Export Control Law

 

10.1    

The user may not use the services of FilesApp GmbH or otherwise export or re-export them if national or international regulations, in particular export control regulations as well as embargoes or other restrictions, conflict with this. By using it, the user secures and guarantees that he or she is not in one of the sanctioned countries and that he or she is not on one of these lists.

 

10.2   

The user also agrees that he/she will not use these products for purposes prohibited by EU law, in particular not to develop, design, manufacture or produce nuclear weapons, missiles, chemical or biological weapons.

 

10.3   

Should the provisions of this paragraph be violated, the contract shall be deemed not to have been concluded with regard to FilesApp GmbH and the user; Claims for damages are excluded in this respect and due to the aforementioned deadlines. The same applies if the conditions for a breach occur after the conclusion of the contract.

 

 

11       Right of withdrawal for consumers

 

11.1      

When using chargeable services (hereinafter referred to as the “contract”), consumers are entitled to a right of withdrawal in accordance with the following provisions:

 

Cancellation

Withdrawal

As a consumer, you have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the date of conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us by means of a clear declaration (e.g. an e-mail) of your decision to withdraw from this contract. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

The revocation is to be addressed to:

FilesApp GmbH

Zeppelinstr. 73

81669 Munich – Germany

E-mail: info@filesapp.com

 

Consequences of revocation

In the event of an effective revocation, the services received by both parties must be returned. You are obliged to pay compensation for the value of the service provided until the revocation if you have been informed of this legal consequence before submitting your contractual declaration and have expressly agreed that we will begin to execute the consideration before the end of the revocation period. If there is an obligation to pay compensation, this may mean that you still have to fulfill the contractual payment obligations for the period up to the revocation. Your right of revocation expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation, for us with its receipt. The revocation may limit your scope of services, such as access to paid services.

Consent to the performance of the contractual services before the expiry of the revocation period

The consumer agrees that FilesApp GmbH will begin to perform the contractual services before the expiry of the revocation period. In the event of a revocation, the consumer is obliged to pay compensation for the value of the services received in accordance with the statutory provisions. The compensation is calculated from the pro rata annual fee.

End of the cancellation policy

 

11.2     

If FilesApp GmbH provides the consumer with certain fee-based services in full immediately after the order has been placed, the right of revocation expires if he/she has given FilesApp GmbH his express consent to this and at the same time confirmed his knowledge that he/she will exercise his/her right of revocation if he/she has fulfilled the contract in full by FilesApp GmbH. The consumer’s right of withdrawal expires in the case of a contract for the delivery of digital content that is not on a physical data carrier even if FilesApp GmbH has begun to execute the contract after the  consumer has expressly has agreed that FilesApp GmbH will begin executing the contract before the expiry of the revocation period and that he has confirmed his knowledge that he loses his right of revocation by giving his consent at the beginning of the execution of the contract. The consumer will be informed of these points separately in the corresponding services.

 

 

12     Liability

 

12.1     

Claims of the user for damages are excluded. Excluded from this are claims for damages by the user against FilesApp arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by FilesApp, its legal representatives or vicarious agents. This also applies to indirect consequential damages, such as, in particular, loss of profit.

Essential contractual obligations (cardinal obligations) are those obligations which FilesApp has to perform according to the content and purpose of this contract and its supplements, the fulfillment of which is essential for the proper execution of this contract and on the observance of which the customer regularly relies and may rely. The essential contractual obligations of this contract include in particular, but not exclusively, the services listed under section 3 . The essential contractual obligations of this contract do not include the technical uninterrupted availability of the FilesApp.

 

12.2   

In the event of a breach of essential contractual obligations (cardinal obligations), FilesApp GmbH shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer’s claims for damages are based on injury to life, limb or health.

 

12.3   

The restrictions from sections 12.1 and 12.2 of these terms of use shall also apply in favour of the legal representatives and vicarious agents of FilesApp GmbH if claims are asserted directly against them.

 

12.4   

The limitations of liability resulting from sections 12.1, 12.2 and 12.3 of these terms of use shall not apply if FilesApp has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the FilesApp and the customer have made a quality agreement.

 

12.5   

The provisions of the Product Liability Act remain unaffected by the provisions in this section 12 of these terms of use.

 

12.6   

FilesApp GmbH shall be liable for the loss of data and programs and their restoration to the extent specified in this section 12 and only to the extent that this loss could not have been avoided by appropriate precautionary measures, in particular the daily making of backup copies of all data and programs.

 

12.7   

The user is obliged to immediately notify FilesApp GmbH in writing of any damage within the meaning of the above liability regulations or to have it recorded by FilesApp, so that FilesApp GmbH is informed as early as possible and can possibly still mitigate damage together with the user.

 

 

13     Final provisions

 

13.1     

The law of the Federal Republic of Germany applies. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. If both parties are registered traders, legal entities under public law or special funds under public law, Munich is agreed as the place of jurisdiction. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. §§ 161, 413 TDSG remains unaffected.

 

13.2   

Should individual provisions of these terms of use be or become invalid, this shall not affect the validity of the remaining provisions. Instead of the invalid provision, what the parties would have agreed in good faith from an economic point of view according to the originally intended purpose shall apply. The same applies in the event of a gap in the contract.