Terms Of Use

September 28, 2020|Christian Marchsreiter

smartwork solutions GmbH (hereinafter "we", "us") has developed the web application SMASHDOCs.

This can be accessed and used from our website, www.smashdocs.net, or on other domains.

SMASHDOCs is a web application for creating document content while collaborating with colleagues, business partners and/or teams of developers.

1Scope of application

These Terms of Use govern the contractual relationship between you and us. After you have read the Terms of Use,if you agreed to their validity when you registered to use SMASHDOCs,the Terms of Use become effective.

Any other terms of use shall only become an integral part of the contract only if we have explicitly agreed to them in text form, in accordance with ยง 126b BGB (German Civil Code). The priority of individual agreements made with you remains unaffected by this.

Additional Terms of Use may apply to the use of additional content, functions and services, specifically,offers that are subject to a charge. We will inform you about this separately in text form before the first use. Before making use of a chargeable offer for the first time, you must also confirm that we have informed you about the charges and the amounts of the charges and costs and that you agree to the chargeable use.

These Terms of Use apply to individuals as well as companies.

By using SMASHDOCs, you agree to these terms. Do not use SMASHDOCs if you do not agree to the Terms of Use. If you use SMASHDOCs on behalf of an organization (such as your employer), you are agreeing to be bound by these Terms of Use. You are confirming that you are authorized to bind your organization to the conditions. In this case, "you" and "yours" represent this organization.

You can check the Terms of Use at any time on our website at www.smashdocs.net There will be no separate storage of these Terms of Use or the content of the contract concluded between us and you.

2Subject matter of the contract

Subject of the contract concluded between you and us is the use of the web application SMASHDOCs.

We do not assume any guarantees in connection with contents, functions and services offered by SMASHDOCs. We have only assured properties of SMASHDOCs if we have expressly declared them to you in writing.

You have no claim to a certain design or functional equipment of SMASHDOCs.

We store your data in the cloud so that you can access our web application from different devices and you can access your data at any time. The cloud application is operated by a provider based in Germany.

For example, the following functions are available for using our products:

Every user has his own user profile in which a personal profile picture can be set. Sample documents and standard functions and features are available in each user profile. Users can edit these sample documents, create their own documents and share them with other users.

The user is responsible to be the administrator for the documents he/or she has created. This also applies to the creation of backups of documents. We are only obliged to secure documents if we have expressly promised this as a service to be provided by us.

You can also be invited to view or edit other users' documents. However, there is no right to such an invitation. If you want to invite other users to view or edit the documents you have created and give them the necessary authorizations, you can do this for non-registered users by entering their e-mail addresses. They will then receive an invitation e-mail.

3Conclusion of a contract

You can use our web application SMASHDOCS as a Software-as-a-Service (SaaS) application over the Internet without having to download anything. For Internet access and the software required for using SMASHDOCs (e.g. browsers, plug-ins), you must provide it yourself.

You can access this application via our website or other third party sites, and you can register there. To register with SMASHDOCS, you must provide the required information fields truthfully and completely, unless the fileds are expressly marked as voluntary.

In addition, we require you to enter a username and your email address as part of a registeration process. We will then send you an e-mail with a link for completing your registration with SMASHDOCs via a registration link. With the receipt of this e-mail and the activation of the registration link, the registration process is completed ("completion of registration").

With the completion of the registration the contract between you and us regarding the use of SMASHDOCs is established. With test accounts, the contract is concluded if you agree to the Terms of Use by confirming the corresponding input dialog when creating such an account.

There is no right to confirmation and completion of the registration request or to the creation of a user account and the conclusion of a contract with us on which this is based. We reserve the right to refuse registration requests at any time without giving reasons. The information you have already provided at this time, including your personal data, will be deleted in such a case.

You are responsible for securing your access data. In particular, you must keep your password secret, and you may not give it to unauthorized third parties or other persons.

In case of loss or misuse of your access data or a justified suspicion of damage, you are obliged to inform us immediately by e-mail. You can send such a message to support@smashdocs.net

4Your use of SMASHDOCs

When using SMASHDOCs, you must observe all laws and other legal provisions of the Federal Republic of Germany.

Data and content, e.g. texts, images and links, are to be posted and processed or distributed with SMASHDOCs only if the use of the content does not violate legal regulations or if intellectual property rights or other rights of third parties are not restricted, prevented or infringed (e.g. trademark rights, name rights, right to one's own image).

You are responsible for the data and content provided by you at all times.

We do not take any measures to examine the data and content provided by our users to determine whether it is legal or free of malware.

You can upload an image (the profile picture)to SMASHDOCs in your user profile. Before uploading any image, you must ensure that you have the necessary rights to use and exploit those images.

You may not upload or make available any content, files or images depicting violence, pornographic, discriminatory, offensive, racist or other illegal content.

Other people may be seen on uploaded images and published in SMASHDOCs only if you have permission to publish them.

We are entitled to delete or replace files or images uploaded by you at any time if they obviously infringe the rights of third parties, violate otherwise applicable law, or if you have not reacted to a complaint from us about your files or images within a reasonable period set by us.

5General prohibitions

You agree not to do or attempt to do the following:

  1. Scan or test the SMASHDOCs system and network for vulnerabilities, or breach any security or authentication measures;
  1. Penetrate, manipulate or use non-public areas of SMASHDOCs, the computer system of smartwork solutions GmbH, or the technical carrier system of SMASHDOCs providers;
  1. Decrypt, decompile, disassemble or rebuild any software used to provide SMASHDOCs;
  1. Interfere or attempt to interfere with user, host or network access, including sending viruses or spam, overloading, flooding or mail bombing SMASHDOCs;
  1. Access SMASHDOCs, browse them, or download intellectual property of SMASHDOCs using any other technology, software, application, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the user interfaces we make publicly available;
  1. Place malware in SMASHDOCs or use SMASHDOCs for malware distribution;
  1. Send any kind of unsolicited communication, advertising, offers or spam;
  1. Send modified, misleading or identity-concealing information, including "spoofing" or "phishing";
  1. Publish or send anything that is fraudulent, misleading, or violates the rights of others;
  1. Impersonate someone else or give false information about your affiliation with other persons or legal entities;
  1. Violate the privacy of others;
  1. Violate any laws or regulations, or
  1. Encourage or enable others to do any of the above.

Although we are under no obligation to monitor access to or use of SMASHDOCs or your content, or to review or edit your content or intellectual property, we have the right to do so to ensure compliance with SMASHDOCs' Terms of Use, or to comply with applicable laws and regulations. We reserve the right, but we are under no obligation, at any time and without notice, to remove and deny access to your content, including (but not limited to) in the event that we, at our sole discretion, deem content offensive or in violation of the Terms of Use. We have the right to investigate violations of the Terms of Use or any conduct that affects SMASHDOCs. We may also involve and cooperate with law enforcement authorities to prosecute violations of the law.

6Release from liability

The liability of smartwork solutions GmbH for violations of any obligations and/or criminal offences is limited to intentional and grossly negligent actions. The release from liability does not apply in the event of injury to life, body or health of the customer, for claims due to culpable violation of fundamental contractual obligations, and in matters of compensation for damages in connection with delays. Liability for culpable breach of fundamental contractual obligations is limited to such damages that can typically be expected, unless they are caused intentionally or by gross negligence.

The above exclusions of liability also apply to slightly negligent breaches of duty by our various agents.

The liability for data loss is limited to the usual recovery effort that would have been incurred, even if the data had been saved regularly and in accordance with the expected risk.

6.1Complete disclaimer of liability

Except for smartwork solutions GmbH's liability for damages, the liability of smartwork solutions GmbH arising from this contract (from contract, tort or other circumstances) will not exceed the amount paid by the customer within the last 12 months before the liability event.

6.2Exclusion of liability for indirect damages

smartwork solutions GmbH shall not be liable for any indirect, special, incidental or consequential damages of any kind arising out of, or in connection with this agreement (including, without limitation, costs of delay; improper handling; loss of data, records or information; and lost profits, revenues or expected savings), even if smartwork solutions GmbH is aware of the possibility of such damages or losses.

7Responsibility for content

We assume no responsibility for texts, pictures, or data published or used by our users, for other contents provided by them, and not for externally linked information and websites.

With SMASHDOCs, we are providing a technical platform that is able to store and publish content, especially documents. Therefore, the content created and posted in SMASHDOCS by users is unknown content for us. If we exceptionally provide our own contents via SMASHDOCSs, e.g. sample documents, these are spasifically marked as such.

We have no knowledge of the external content of our users; there is no selection or other control by us. We expressly distance ourselves from the contents of our users and do not adopt them. We are therefore not responsible for these external contents.

8Term and termination

The contract is in effect for an indefinite period, unless otherwise stipulated in writing.

The contract can be terminated by you at any time, without prior notice and without observing a period of notice. All you have to do is delete your account.

We can terminate the contract with one week's notice. Reasons for termination are not required. We must declare the cancellation in text form, e.g. by e-mail, to you.

The right to extraordinary termination for good cause ("termination without notice") remains unaffected.

With your cancellation and deletion of your account your access to SMASHDOCs will be blocked. Your account and your content will be completely deleted at the end of the calendar month following the cancellation if you have not previously reactivated your account. If you want to continue using your content after your cancellation, you must first save it locally on your computer by downloading it.

9Adherence

Any feedback such as communication, comments, questions, suggestions or related materials, whether in writing, e-mail, telephone or other that you send to smartwork solutions GmbH that suggests or recommends changes to the software or support (including, and without limitation, related new features or functionality) are and become the property of smartwork solutions GmbH. You hereby assign all rights, property and other claims. Therefore, smartwork solutions GmbH may use any ideas, knowledge, concepts, techniques and all applicable intellectual property rights in connection with the feedback, whether patentable or not, for any purpose. This includes, but is not limited to, the development, manufacture, commissioning, licensing, marketing and direct or indirect sale of products and services using your feedback. You agree and understand that smartwork solutions GmbH is not obliged to use, represent, reproduce or distribute ideas, knowledge, concepts or techniques contained in the feedback, and you have no right to demand the use, representation, reproduction or distribution of the feedback.

10Support

10.1Support for the free version of SMASHDOCs

If you have any questions about SMASHDOCs, you can ask them in our SMASHDOCs Community.

We may notify all registered users by email of new features, services and content in SMASHDOCs. If you no longer wish to receive these emails, you can unsubscribe at any time. We explain in every email how you can unsubscribe.

10.2Support for the paid version of SMASHDOCs.

Unless otherwise stated in the order confirmation or business agreement, smartwork solutions GmbH is obliged to provide customer service for all services specified in the conditions of the smartworks solutions Customer Support Policy (to be found at www.smashdocs.net/customer-support-policy).

Service Agreement & Warranty

smartwork solutions GmbH guarantees the customer:

  1. that efforts are made within an economically reasonable framework to ensure the online availability of the service for a minimum availability in each month, as described in the Availibility Guarantee below (with the exception of maintenance-related failures, for which notification must be given by smartwork solutions GmbH at least 8 hours in advance and which, if possible, are carried out at night or on weekends; and force majeure and failures resulting from technical problems on the customer side);
  1. that the functionality or functions of the service may change, but will not deteriorate fundamentally within the paid contract term;
  1. that support may change but will not deteriorate within the paid contract term.

Availability Guarantee*

  • 96.5 - 94 % = 10 % reimbursement of monthly costs
  • 94 - 90 % = 25 % reimbursement of monthly costs
  • less than 90 %* = 50 % reimbursement of monthly costs

*monthly availability in percent

The reimbursement takes place after written inquiry to our support center.

11Changes to the Terms of Use

We reserve the right to make changes to these Terms of Use.

Changes become effective if you do not object to the change in writing within one month after receipt of a change notice, and we have informed you in the change notice of your right to object and the deadline for submitting an objection. If you object, the old version of the Terms of Use continues to apply, and we can terminate the contract with you in due time.

12Confidentiality rules

12.1Definition of confidential information

Confidential information includes any non-public information, communicated in writing or orally, by one party (Recipient) to another party (provider), that has been designated as confidential or should reasonably be treated as confidential due to its nature and the circumstances of the communication (confidential information). The confidential information of smartwork solutions GmbH contains, without exception, the service, design and layout of the user interface, price information, and software anddocumentation (defined below).

12.2Protection of confidential information

The information Recipient must protect the information disclosed with the same care (but in no case, less than reasonable care) as his own confidential information, and must not disseminate confidential information of the information provider or use it for any purpose outside the scope of this contract. The Recipient must make efforts within an economically reasonable framework to limit access to confidential information to the following persons: employees and contractors of the Recipient who, for reasons agreed in this Agreement, require access, and who have entered into a confidentiality agreement with the Recipient that is no less stringent than the confidentiality provisions of this Agreement.

12.3Exclusions

Non-confidential information is information that:

  • is or will be known to the public, without any breach of obligations towards the Recipient of the information
  • the Recipient of the information was already aware of before the party providing the information was informed, without any obligations towards the Recipient of the information being violated
  • is or will be disclosed about a third party, without breach of obligations towards the Recipient of the information, or
  • is or will be developed independently by the Recipient of the information, without use of, or access to, confidential information.

The information Recipient may disclose confidential information to the extent required by law or a court order, but is obliged to inform the information provider in advance of the disclosure in order to enable him to initiate a legal or other defence.

12.4Marketing purposes

You hereby agree that smartwork solutions GmbH is allowed to integrate your company name and logo, as a customer using a software, into the SMASHDOCs and smartwork solutions website and other advertising material promoting the software. Also, smartwork solutions GmbH is entitled to contact registered users from time to time to draw their attention to information that may be of interest to them. Registered users can object to receiving such emails.

13Final clauses

The place of jurisdiction is the registered office of smartwork solutions GmbH or the registered office of the respective partners.

No additional verbal agreements have been made. Amendments to the contract and these Terms of Use must be made in writing. This also applies to the repeal of this form clause.

The invalidity of any provision of these Terms of Use shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the corresponding statutory provision. This also applies if these Terms of Use are found to have missing or incomplete information.