General Terms and Conditions of aconso AG for the use of the HR Document Box

Preliminary Note

aconso AG, Theresienhöhe 28, 80339 Munich, Germany, operates a document management system that allows a registered user (“user”) to store, edit and send digital documents via an app or via other internet access on a server provided by aconso AG. (“HR Document Box”). The HR Document Box is hereinafter also referred to as “service(s)”.

For more information on the functionalities of the HR Document Box, please visit www.hr-document-box.com.

1.1 These General Terms and Conditions of aconso AG for the use of HR Document Box (“GTC”) govern the contractual relationship between aconso AG and the user with respect to the use of HR Document Box. Additional general terms and conditions may be agreed for certain services.

1.2 Deviating general terms and conditions of the user are only valid if they have been accepted in writing by aconso AG.

1.3 These General Terms and Conditions may be modified to the extent that essential provisions of the contractual relationship are thereby not affected and this is necessary to adapt to developments that were not foreseeable at the time of the conclusion of the contract and the non-observance of those developments would noticeably disturb the balance of the contractual relationship between aconso AG and the user. This may be the case in particular if case law changes and one or more clauses of these GTC are affected by this. Material provisions within the meaning of sentence 1 of this Section 1.3 are, in particular, those relating to the type and scope of the contractually agreed services (with the exception of the cases described in Section 4.3) and the term, including the provisions on termination.

1.4  The user will be notified of any changes to these GTC at least six weeks before they take effect. In this case, the user has a special right of termination. If the user does not terminate the contract in writing within six weeks after receiving the notification of change, the changes will become part of these GTC at the time they take effect. The user will be specifically informed of this consequence in the corresponding change notice.

2. Registration

2.1 Access to the service requires prior registration of the user on the registration page of the respective platform (e.g. app or website).

2.2 When registering, the user must provide various details, e.g. first and last name, e-mail address, password, confirmation of the GTC and confirmation of the data protection provisions. The user undertakes to provide only truthful information during this registration and to update this information immediately in the event of any changes.

2.3 aconso AG reserves the right to refuse the accreditation of individual users without giving reasons.

2.4 After successful registration and accreditation by aconso AG, the user will be granted access to the HR Document Box by transmission of a corresponding user ID (“User ID”). The user will create an appropriate password for this access, which he can manage himself.

2.5 The user is responsible for keeping his password secret. To prevent misuse, he must ensure that no unauthorized third party obtains knowledge of the user ID and / or password. The user is obliged to immediately inform aconso AG if there are indications that the password and / or the user ID is used by third parties and to immediately change his password in this case.

3. Conclusion of the Contract of Use / Right of Revocation

3.1 The contract of use regarding the HR Document Box between the user and aconso AG only comes into effect upon accreditation by aconso AG.

3.2 If the user is a consumer and the contracts of use with regard to the services were concluded using exclusively means of distance communication (distance contract), the user the user is entitled to the statutory right of withdrawal described in the appendix to these GTC.

4. Authorization of Use and Modification of Services

4.1 aconso AG grants the user a non-exclusive, non-transferable, time-limited, non-sublicensable right to use the relevant service for the purposes of these GTC within the scope of availability pursuant to Section 5. The user is entitled to use the services exclusively for his own, non-commercial purposes and is not entitled to exploit the services commercially towards third parties. The user does not receive any rights beyond this.

4.2 Use of the services beyond the use permitted in accordance with these GTC is not permitted. In particular, the user is not permitted to allow third parties to use the services. In addition, the user is prohibited from copying, decompiling, back-translating, disassembling or reproducing the services, unless this is permitted by law.

4.3 aconso AG endeavors to continuously develop the services. Within the scope of these further developments, aconso AG intends to improve, expand, delete and/or change individual functionalities of the services. The functionalities of the services may be changed by aconso AG if this is necessary for good cause and the user is not objectively worse off as a result compared to the performance agreed upon at the time of conclusion of the contract (e.g. in the case of an improvement of functionalities). A valid reason exists in particular if the functionalities are changed due to technical innovations.

5. Availability & Services

5.1 aconso AG will provide the services within the scope of the current state of the art and will guarantee a time availability of the Services amounting to 98% on an annual average.

5.2 aconso AG provides a limited amount of storage space per user and HR Document Box.

5.3 Only documents with the PDF file format can be uploaded to the HR Document Box.

5.4 The document size per document is limited.

6. Duties of the User

6.1 The user is responsible for backing up its documents and data used within the scope of the services. The user must back up his data and documents in a suitable form at intervals appropriate to the application so that they can be restored with reasonable effort. The user is also recommended to create his own backup copies of the posted documents or to keep the original documents before uploading data and documents.

6.2 The user will not upload any content via the services or otherwise make it available, make it accessible or allow it to be made available, whose storage, provision and/or use in any way violates applicable laws or conflicts with the rights of third parties. Accordingly, the following content in particular is prohibited (“Illegal Content”):

6.2.1 Content that attempts to disrupt or damage the services, in particular through robots, spiders, spamming, attacks, chain letters, junk mail, scripts, etc.;

6.2.2 Content that infringes the rights of third parties – e.g. copyrights, ancillary copyrights and industrial property rights such as trademarks, patents, utility models and designs as well as other rights, for example rights to a name and personal rights;

6.2.3 Criminal content and actions, advertising for anti-constitutional organizations or symbols of such organizations, content glorifying violence, racist content, pornographic content, content harmful to minors, sexist content, the trade in drugs, calls for drug use or its trivialization, calls for criminal acts, gambling, insults, slander, defamation, etc.;

6.2.4 Content that is illegal from a competition law perspective, e.g. chain letters, snowball systems, multi-level marketing, etc. or content that, without being anti-competitive, otherwise unreasonably harasses third parties.

6.3 The user is only entitled to use documents via the services that relate solely to his own rights and matter. The posting of documents of third parties is only permitted with their express consent.

6.4 aconso AG is to be indemnified by the user against all claims of third parties which are based on an illegal use of the services – in particular due to illegal content by the user or which occur with the approval of the user or which result from data protection law, copyright law or other legal disputes which are connected with the use of the services by the user. If the user recognizes – or must recognize that such a violation is imminent – there is an obligation to inform aconso AG immediately.

6.5 aconso AG is entitled to temporarily block the services in the event of serious violations of the obligations existing under this Section 6. In this case, the user will remain obligated to pay the corresponding remuneration. This does not affect aconso AG other contractual or statutory rights, in particular the right to terminate the contractual relationship with the user for good cause.

7. Liability

7.1 aconso AG is liable without limitation in the event of (1) intent or (2) gross negligence, (3) insofar as aconso AG has fraudulently concealed a defect as well as (4) in the absence of a guaranteed characteristic for all damages attributable thereto.

7.2 In the event of slight negligence, aconso AG has unlimited liability in the event of injury to life, limb or health. If aconso AG is in default with its performance due to slight negligence, if its performance has become impossible, or if aconso AG has breached a material obligation, the liability for material and financial damage attributable thereto is limited to the foreseeable damage typical for the contract.

7.3 A “material obligation” is an obligation the fulfillment of which makes the proper performance of the contract possible in general, the violation of which jeopardizes the achievement of the purpose of the contract and the compliance with which the user may regularly rely on.

7.4 aconso AG is not liable for the loss of data.

7.5 Liability for all other damages is excluded, whereby liability under the Product Liability Act remains unaffected. Any existing strict liability according to § 536a BGB (German Civil Code) due to defects that already existed at the time of the conclusion of the contract is expressly excluded.

8. Duration of Contract and Termination

8.1 The contractual relationships run for an indefinite period of time and can be terminated by aconso AG or the user at any time with a notice period of 3 months.

8.2 After a termination has become effective, all data and documents of the user relating to the terminated Services will be deleted by aconso AG.

8.3 The right to terminate the contractual relationship for good cause remains unaffected.

9. Industrial Property Rights and Data Protection

9.1 Unless otherwise expressly agreed in these GTC, aconso AG is exclusively entitled to all industrial property rights and copyrights to the services; in particular, all copyrights, trademark rights and other industrial property rights remain with aconso AG.

9.2 aconso AG will comply with the applicable data protection regulations, in particular the provisions of the Federal Data Protection Act and the Telemedia Act, when collecting, processing and using personal data. More detailed information on the handling of personal data can be found in the data protection provisions of aconso AG at www.hr-document-box.com.

10. Other

10.1 The contractual relationship between aconso AG and the user is governed exclusively by the laws of the Federal Republic of Germany. However, this choice of law applies only to consumers to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

10.2 Amendments and supplements to the GTC, including this written form clause, must be made in writing.

10.3 The invalidity of individual provisions of these GTC does not result in the invalidity of the remaining provisions of these GTC. The parties undertake to replace invalid provisions by mutual agreement with new, valid provisions that come as close as possible to the economic intentions of the parties. This applies accordingly if a provision of these GTC should subsequently become invalid or in the event of gaps in these GTC.

Annex 1: Cancellation Policy

Right of Withdrawal

You may revoke your contractual declaration in text form (e.g. letter, fax, e-mail) within 14 days without stating reasons. The period begins after receipt of this instruction in text form. To comply with the revocation period, it is sufficient to send the revocation in time. The revocation is to be sent to: contact@hr-document-box.com

Consequences of Revocation

In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return or surrender the received performance and benefits (e.g. benefits of use), or are only able to do so in part or in a deteriorated condition, you must compensate us for the lost value. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation, for us with its receipt.