General terms and conditions for Dornheim.Cloud

 

We are pleased that you are using the Dornheim.Cloud! We would like to promote a more intelligent way of working. To achieve this, we provide you with an intuitive and uniform platform where you can rely on the security and availability of your content. We also want to help you collaborate with others. These Terms and Conditions ("Terms") govern your access to and use of our services, client software and websites ("Services"). You enter into this agreement with Dornheim Medical Images GmbH (hereinafter referred to as Dornheim or Dornheim.Cloud). Our Privacy Policy explains how we collect and use your information, while our Terms of Use set out your obligations regarding the use of our services. By using our services, you agree to these Terms and Conditions, our Privacy Policy and our Terms of Use.

 

Your files and your permissions

When you use our services, you provide us with your files, content, email messages, contacts, etc. ("Your Files"). Your files belong to you. These TOS do not grant us any rights to your files, other than the limited rights that enable us to provide the services to you.

We need your permission, for example, to host, back up and release your files at your request. In order to provide these and other functions, the Dornheim.cloud accesses, stores and scans your files. You give us permission to perform these actions and this permission extends to our subsidiaries and the third-party vendors with whom we work.

 

Your responsibility

Your use of our services must comply with our terms of use. The content contained in the Services may be protected by intellectual property rights. You may only copy, upload, download or share content if you have the right to do so.

Dornheim reserves the right to check your actions and content for compliance with these GTC and our terms of use. We are not responsible for the content that users post and release via the services.

Help us to protect your files. Keep your password to access the services secure and keep your account information current. Do not give others access to your login or account information.

You may use the services only in compliance with applicable laws. This includes laws and regulations regarding export control. Finally, you must be at least 14 years of age (or older, depending on where you live) to use our services. In the case of underage users, at least one parent or legal guardian must agree to the use of Dornheim.cloud if required.

 

Software

Some of our services allow you to download client software ("Software") that can be updated automatically. If you comply with these TOS, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Software solely for accessing our services. To the extent that any portion of the Software is offered under an open source license, we make the license available to you and the terms of the license may expressly override some of the terms in these TOS. To the extent permitted by law, you agree not to attempt to reverse engineer or decompile the services or to support such attempts.

 

Beta services

From time to time we release products and features that are still in the testing and evaluation phase ("beta services"). Beta services are referred to as "Alpha", "Beta", "Pre-release", "Product Preview" or "Product Evaluation" or are described by terms and phrases with similar meanings. Please remember that these do not offer the same reliability as our other Dornheim.cloud services. Beta services are provided to enable us to collect user feedback, and by using our Beta services we agree that we may contact you to collect such feedback.

Beta services will remain confidential until the official launch. If you use beta services, you agree that you will not disclose information about these services to any third party without our consent.

 

Our property

Our services are protected by copyright and trademark law and by laws in Germany and other countries. These Terms and Conditions do not grant you any rights, ownership or claim to the services, to the content of others in the services or to the trademarks, logos and other brand marks of Dornheim and Dornheim.Cloud. We welcome your feedback, but please note that the use of comments or suggestions does not imply any obligation to you.

 

Copyright

We respect the intellectual property of others and expect the same from you. We respond to notifications of alleged copyright infringement when they comply with the law. Notifications should be made using our copyright policy. We reserve the right to delete or disable allegedly infringing content and to terminate the accounts of users who repeatedly infringe copyright. Your contact for reporting suspected copyright infringement related to the services is

Dornheim Medical Images GmbH
Listemannstra├če 10
39110 Magdeburg
Germany
info@dornheim-medical-images.de 

 

Payable accounts

Billing. You can increase your storage space and add paid features to your account. We will automatically bill you from the date you convert your account to a paid account and each time your subscription renewal is due until you cancel. You are responsible for all taxes due, and we collect taxes where we are required to do so by law. In some countries, you may have certain termination or cancellation rights under mandatory local law. This paragraph does not supersede those laws.

No refund. You may terminate your payable Dornheim.cloud account at any time in accordance with the statutory notice period. Refunds will only be granted where required by law. Users residing in the European Union ("EU"), for example, are entitled to cancel subscriptions to payable accounts within 14 days after registration, upgrade or renewal.

Downgrades. Your Payable Account will remain in effect until it is revoked or terminated in accordance with these Terms and Conditions. If you do not pay the fees for your Paid Account on time, we reserve the right to suspend your access or disable features of Paid Accounts.

Changes. We may change the applicable fees, but we will notify you in advance by email to the address associated with your account.

 

Terms of use

You hereby declare that you will neither misuse the Dornheim.cloud services ("Services") yourself nor help others to do so. In connection with the Services, the following activities, among others, and the attempted execution of the same are not permitted:

  • Checking, scanning or testing the vulnerabilities of a system or network,
  • breach of security or authentication measures or other circumvention of these measures
  • accessing, manipulating or using non-public areas or parts of the Services or shared areas of the Services for which you have not received an invitation
  • Interrupt or disrupt a user, host or network, for example by sending viruses, overloads, flooding, spamming or mail bombing of any part of the Services
  • accessing or browsing the Services and creating accounts for the Services in ways other than through our publicly available interface, such as scraping or bulk account creation
  • Unsolicited sending of messages, advertising, promotion or spam
  • Sending modified, misleading or false sender information, including "spoofing" and "phishing
  • recommending or advertising products or services that are not your own without appropriate permission
  • Abusing recommendations or promotions to get more storage space or additional features than you are entitled to
  • Bypassing memory and function restrictions
  • Sale of services without explicit authorization
  • harassing or insulting Dornheim employees, representatives or Dornheim agents
  • Any violation of the law
  • invasion of privacy or rights of others

 

Termination of use

You can stop using our services at any time. We reserve the right to suspend or terminate your access to the services with notice to you if:

(a) you violate these TOS,

(b) you use the services in a manner that would expose us or other users to a real risk of damage or loss; or

(c) you do not use a payable account and have not accessed our services for 12 consecutive months.

We will use the email address associated with your account to request you to stop the activity in question in a timely manner in advance and to give you the opportunity to export your files from our services. If you do not take the necessary steps following this request, your access to the services will be terminated or suspended.

 

In these cases, no prior notice of termination will be given:

(a) in the event of a serious breach of these TOS,

(b) if this would result in legal liability for us or impair our ability to provide the services to other users; or

(c) where we are prohibited by law to do so.

 

Termination of the provision of the services

We reserve the right to suspend the services, either in case of unforeseen circumstances beyond the control of Dornheim and Dornheim.Cloud, or to comply with a legal requirement. In this case you will be notified in good time in advance so that you can export your files from our systems. If we terminate the services in this manner before the end of a fixed term or minimum term for which you have paid, we will refund the fees paid in advance for which you have not received services.

 

Services without guarantee for defects

We strive to provide an outstanding service. However, there are some things we cannot guarantee. TO THE EXTENT PERMITTED BY LAW, DORNHEIM AND ITS SUBSIDIARIES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. THE SERVICES ARE PROVIDED AS IS ("WITHOUT WARRANTY OF ANY KIND"). IN ADDITION, WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimers set forth in this section. Therefore, they may not apply to you.

 

Limitation of liability

THE EXCLUSION OR LIMITATION OF LIABILITY DOES NOT APPLY TO YOU WHERE THIS WOULD BE CONTRARY TO APPLICABLE LAW, FOR EXAMPLE IN THE EVENT OF FRAUDULENT MISREPRESENTATION OR FRAUDULENT MISREPRESENTATION IN THE PROVISION OF THE SERVICES BY DORNHEIM AND THE DORNHEIM.CLOUD. IN JURISDICTIONS WHERE THE FOLLOWING TYPES OF DISCLAIMERS ARE NOT PERMITTED, WE SHALL ONLY BE LIABLE TO YOU FOR LOSSES AND DAMAGES WHICH ARE THE REASONABLY FORESEEABLE RESULT OF A LACK OF REASONABLE CARE AND SKILL ON OUR PART OR BREACH OF CONTRACT. THIS PARAGRAPH SHALL NOT AFFECT ANY CONSUMER RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT OR AGREEMENT.

 

IN COUNTRIES WHERE LIABILITY EXCLUSIONS OR LIMITATIONS ARE PERMISSIBLE, DORNHEIM, SUPPLIERS AND SALES PARTNERS ARE NOT LIABLE:

i. FOR INDIRECT, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR

ii. FOR LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OR PROFITS, IRRESPECTIVE OF THE LEGAL BASIS

THIS EXCLUSION OR LIMITATION OF LIABILITY SHALL ALSO APPLY IF DORNHEIM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

 

IF YOU USE THESE SERVICES FOR COMMERCIAL, ECONOMIC OR RESALE PURPOSES OF ANY KIND, DORNHEIM, ITS SUPPLIERS AND DISTRIBUTORS SHALL NOT BE LIABLE TO YOU FOR LOSS OF PROFIT, LOST BUSINESS, BUSINESS INTERRUPTION OR LOST BUSINESS OPPORTUNITIES. DORNHEIM IS NOT LIABLE FOR THE CONDUCT OF USERS OF THE SERVICES, NEITHER ONLINE NOR OFFLINE.

EXCEPT FOR TYPES OF LIABILITY WHICH WE CANNOT BY LAW LIMIT (AS DESCRIBED IN THIS PARAGRAPH), OUR LIABILITY TO YOU IS LIMITED TO A MAXIMUM OF 10 EUR OR 100% OF THE AMOUNT PAID BY YOU UNDER YOUR CURRENT DORNHEIM.CLOUD SUBSCRIPTION; THE HIGHER OF THE TWO AMOUNTS APPLIES.

 

Dispute settlement

Amicable agreement. We would like to solve your problems with the Dornheim.cloud without the involvement of a court. Before you file a lawsuit against Dornheim, please first try to find an informal settlement of the dispute by contacting info@dornheim-medical-images.de. We will endeavor to resolve the dispute informally by e-mail. If a dispute is not resolved within a reasonable period of time after it has been raised, you or Dornheim may initiate formal proceedings.

 

Place of jurisdiction. You and Dornheim agree that legal proceedings relating to claims arising in connection with these Terms and Conditions or Services shall be brought before a court in the Federal Republic of Germany in accordance with the following mandatory arbitration provisions. Both you and Dornheim agree to the jurisdiction and venue of such courts. If you reside in a country (e.g. a member state of the European Union) whose laws grant consumers the right to bring an action before a local court, this paragraph shall not affect these provisions.

 

Gouverning Law

These General Terms and Conditions are subject to German law, apart from any conflict of laws rules. Some countries (including other EU countries) have laws that require contracts and agreements to be governed by the local laws of the consumer's country. This paragraph shall not prevail over such laws.

 

Entire Agreement

Regarding the subject matter defined here, these GTCs represent the entire agreement between you and Dornheim and replace all previous or simultaneously existing agreements on this subject matter. These GTC do not grant any rights in favor of third parties.

 

Waiver of rights, severability clause and transfer of rights

Failure by Dornheim to assert a clause does not mean that it cannot be asserted later. Should a clause be found to be invalid, the validity of the remaining terms and conditions shall remain unaffected and it shall be replaced by an enforceable condition that corresponds as far as possible to our intentions. The rights granted under these GTC are not transferable and any attempt to do so is invalid. Dornheim may transfer its rights to its affiliated companies or subsidiaries or a legal successor regarding the services.

 

Changes

We reserve the right to revise these terms and conditions from time to time to better reflect the following:

(a) changes in law,

(b) new regulatory requirements; or

(c) Improvements or extensions to our services.

If a change affects your use of the services or your rights as a user of our services, we will notify you prior to the effective date of the change by sending an email to the email address associated with your account or by displaying a notice in the product itself. The effective date of the updated TOS will be at least 30 days after the date of notification.

If you do not agree with the changes, you must cancel your account before they take effect. Where applicable, we will provide you with a pro rata refund of the amount prepaid for the services, considering your termination date. By continuing to use the Services after the effective date of the changes, you agree to the amended TOS.