The "Docuware Process Planner" (hereinafter also referred to as “PP Application”) is operated by DocuWare GmbH, Therese-Giehse-Platz 2, 82110 Germering, Germany (hereinafter referred to as "DW" or "We") as a web-based application.
1. Scope of Application/Non-remuneration
- With the PP Application, DW offers an efficient, scalable process planning and diagram application that You can easily operate thanks to an intuitive user interface. Your process representations, diagrams, etc. ("Your data") are not saved by us, but have to be saved by You at the end of your respective session.
The PP application is open for use to both consumers ("Verbraucher") within the meaning of § 13 BGB (Bürgerliches Gesetzbuch (German Civil Code) and entrepreneurs ("Unternehmer") within the meaning of § 14 BGB.
- A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to its commercial nor its freelance professional activity.
- An Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2. Registration / Availability
- The PP Application can only be used in its entirety after a successful login to the PP Application and the creation of a personal customer account. The registration takes place via the PP Application under the button "Register". Registration by third parties (in particular third parties who register individual persons commercially with various telemedia service providers) is not permitted.
- Your registration will take place via a registration form set up for this purpose. First You have to create a new customer account. To do this, we only ask You to enter your e-mail address, your full name (surname and first name) and a sufficiently secure password for your future customer account. For organizational reasons, the creation of a new customer account is necessary, even if a customer account already exists at DW. Registration for the Process Planner is only possible if You consent to the use of your data by DW for advertising purposes when registering your data. DW uses your data to send You promotional information on a regular basis (hereinafter referred to as "Newsletter"). After your registration You will receive an e-mail from DW asking you to confirm your registration by clicking an activation link (so-called "double-opt-in"). After that your customer account will be activated. Only after the activation of the customer account You can use the functions of the PP application. There is no entitlement to activation. DW can refuse the use of the PP application for any reason.
- You may only register for the PP Application and use it if You are of legal age and legally competent. Minors, i.e. persons who have not yet reached the age of 18, or Persons who are not legally competent, are only entitled to use the PP Application if they have the consent of their legal representative(s). By registering, You also confirm that You are either of legal age or have the consent of your legal representative(s).
- If the registration form also provides the possibility of registering legal persons or partnerships, this may only be done by a natural person authorized to represent the company, who must be named.
- You are obliged to provide all information required for registration correctly, up to date and completely and to keep it up to date and correct in the future. Multiple registrations are not permitted.
- Due to the fact that DW's offer is free of charge, You may not claim to a certain quality, availability at any time or permanent availability of the PP Application and/or your data. However, DW will try to maintain its PP Application as accessible and trouble-free as possible. As far as possible, non-availabilities due to maintenance work shall be notified by DW in advance by e-mail or on the PP Application, taking into account the legitimate interests of the users.
3. Collaboration & sharing of content
- If you have the right to edit content of the PP application, you can invite other PP users or third parties who otherwise have no access to the PP application (collectively referred to as "Recipients") to collaborate and share diagrams you have created with them. You can decide whether you want to assign editing rights to your diagrams or whether you want to allow read-only access. You undertake to release only those diagrams to which you have the necessary rights and authorisations to share the applicable contents.
- If you decide to release diagrams without assigning editing rights, you are aware that - beyond simple notification of the contents by the recipients - the contents released in the process could be downloaded or copied by the recipient through the use of additional tools. If diagrams are released with editing rights, the contents of the diagram can also be deleted, distributed or changed by the recipient.
- Only the respective creator of the diagrams is entitled to delete diagrams completely. All other collaborators only have the possibility to terminate the collaboration in addition to the aforementioned editing rights in section (2). Upon termination of the collaboration, the respective recipient no longer has access to the diagram and its shared content.
4. User’s Obligations Towards DW:
- You are obliged to keep your self-chosen password for the use of your customer account confidential and not to make your customer account available to third parties for use. You are solely responsible for the security of your password (which should ideally consist of upper and lower case letters, numbers and special characters and should not contain any personal data or readable words) and your customer account. For security reasons, You must change your password periodically (at least every six months) as well as immediately upon DW's request.
- It is presumed that each use of the customer account has been made by the registered user himself. If You make your customer account available to a third party, You may initially be held fully liable for his actions. Your liability is excluded if You can prove that you have sufficiently protected your password in the sense of the above paragraph 2 from unauthorized access. You are obliged to inform DW immediately of any misuse of your customer account by e-mail and to change your password immediately. The aforesaid shall also apply if reasons are presented which merely imply a misuse by third parties (in particular by so-called hacking of the customer account). DW is entitled to block your customer account until the facts of the case have been clarified, at its own discretion.
- You are obliged to ensure that You can be reached by DW via the e-mail address You entered in your customer account. You are obliged to check your inbox regularly and to ensure that the spam filter is set accordingly or is checked regularly. Please note that within the scope of the initiation of a contract and its fulfillment with the provider, legal declarations may be received at the email address provided by You. We also recommend that You save our e-mail address firstname.lastname@example.org in your contacts for possible queries.
- You are responsible for independently storing, printing or otherwise archiving your data outside the PP application, especially if it is of particular importance or value to You.
- to distribute concepts or other content which is offensive, harassing, violent, glorifying violence, sexist, pornographic or racist,
- to spread religious or political content
- for the distribution of advertising (including so-called spam, i.e. unsolicited mass mailings) or chain letters by e-mail or chat
- for spying, unauthorized disclosure or dissemination of personal or confidential information of other users or employees of DW
- to publish legally protected images, photos, graphics, videos, music, sound files, texts, trademarks, titles, designations, software or other content without the consent of the copyright holder(s) or permission by law or other statutory regulations
- to distribute files that contain viruses, trojans, worms, or corrupted data
- The PP application can only be accessed and used by You when using a standard browser. When using the PP Application, You are obliged to set up your systems and programs in such a way that neither the security nor the integrity nor the availability of the PP Application or the systems used to provide DW's services are compromised. In particular, You shall refrain from any actions that could lead to an excessive load on DW's servers and/or adversely affect the functions of the PP Application for other users, as well as from penetrating the website or the server outside the possibilities opened by your customer account. You are also prohibited from exploiting errors in design, features or other program errors to gain access to otherwise inaccessible areas or to use "auto"-software programs, "packet sniffing software" "macro" software programs, "cheat utility" software programs or other scripts or technical aids which may influence the functions of the PP application to your advantage and/or disadvantage of others or which may be used to obtain unauthorised information, e.g. about other users..
5. Limited Warranty (“Gewährleistung”) and Liability
- Insofar as DW provides services to You free of charge, DW shall only be liable towards You in case of deliberate intent or gross negligence. In case of a negligent breach of essential contractual obligations ("Kardinalspflichten"), DW's liability shall be limited to foreseeable and contractually typical damages, up to a maximum of three times the value of the mediated service.
- The foregoing limitations and exclusions of liability shall not apply in the event of injury to life, limb or health or in the event of DW assuming a guarantee. DW's liability under the German Product Liability Act ("Produkthaftungsgesetz") or the German Telecommunications Act ("Telekommunikationsgesetz") shall remain unaffected.
- Insofar as applicable to the PP application (or parts thereof), the statutory liability for material defects and defects of title ("Sach- und Rechtsmängelhaftung") shall apply additionally.
- After the activation of your customer account, You are allowed to use the functions of the PP application in the then available version. Please note that DW may change the appearance and functions of the PP application during the period of use without prior notice. Users of our PP application are not entitled to the claim the continuation of certain functions.
- to offer the PP application as a whole or regarding individual premium functions as a fee-based service;
- to introduce new functions on the PP application
- to make necessary adjustments in accordance with the current statutory and legal situation or case law.
7. Term, Termination
- The agreement between DW and You on the use of the PP Application and your customer account is closed for an indefinite period of time. You may terminate this Agreement at any time with immediate effect for any reason. If You would like to terminate the contractual relationship, we ask You to delete your customer account, or to send an appropriate notice of termination to us. A notice of termination to DW in text form (email, letter, fax, etc.) is sufficient.
- DW may terminate your contract of use at any time with a prior notice of two weeks to the end of the month. Termination of use by DW shall be executed regularly by deletion of the customer account after prior notification by email.
- If You do not use your customer account for more than six months, DW may delete the customer account without prior notice.
- If You have your place of residence or habitual abode outside the Federal Republic of Germany, the place of jurisdiction shall be the registered office of DW. The registered office of DW shall also be the place of jurisdiction if You are a merchant, a legal entity under public law or a special fund under public law.