Terms and Conditions

General Terms and Conditions

as of

§ 1 Scope of General Terms & Conditions

1.1 regify-Provider , , , shall provide the services specified in the respective and applicable performance description vis-à-vis its Customer pursuant to the ensuing General Terms and Conditions, a - principally electronically – completed order form, the respective and applicable performance description, and the respective and applicable price list. In the event of contradictions between the General Terms and Conditions, the conditions in the respective order form and in the respective performance description, the following sequence shall apply: Order form, General Terms and Conditions, Performance Description. All aforesaid documents are accessible on the Internet under in their respective and applicable version. The conditions respectively published at the time of the conclusion of the contract shall apply. Upon request, the customer shall be mailed the aforesaid documents in writing.

1.2 Deviating Terms and Conditions of the Customer shall not apply. They shall be inapplicable also without any explicit objection by regify-Provider .

§ 2 Service Description

2.1 regify-Provider offers its Customers trusted e-communication and e-collaboration services (regify services). The regify software causes encryption and decryption keys to be generated that are handled by an independent clearing service (regify Clearing Service) together with anonymized meta data. Applied methods ensure that only authorized Customers can access data. Also, verifiability is ensured based on meta data. The Customer can use one or more regify services with the regify software.

2.1.1 regibox: with regibox, data of the Customer is locally encrypted and then transmitted via a web service. The regify software synchronises, encrypts and decrypts and also provides functionality for the management of Customers. The unique regibox key of each regibox is stored in the regify clearing service as well as the keys of electronic invitations to the regibox service.

2.1.2 regimail, regipay and regibill premium: for these regify services, the text of a message and the attachments are encrypted and are sent as an encrypted regify file attached to an e-mail. For each transaction, the regify software generates unique keys on the side of the sender which are automatically managed by the regify clearing service and made available to the addressee. A security mechanism ensures integrity of the transmitted data and that only the addressee can open the message, thereby generation a reading confirmation.

2.1.3 regibill standard and regibill premium: prior to sending of the PDF documents, these regify services for electronic invoices add a verification tag. In a verification process with the regify clearing service, this tag enables verification of the issuer identity and integrity of the documents in the context of EU requirements for electronic invoices.

§ 3 Conclusion of Contract

3.1 Using an electronic order form on regify-Provider 's portal, the Customer applies for the use of the regify services (registration). The application requires the confirmation of the order by regify-Provider , which may be given by fax, by e-mail, or by clearing the access to the regify system by assignment of a password.

3.2 regify-Provider differentiates between chargeable and free of charge customers. Following registration and activation, the free of charge regify customer may only receive and read regify e-mail messages. Following registration and activation, the chargeable regify customer can, in addition, send regify e-mail messages, monitor his sending procedures, and view his sent messages history.

3.3 The use of the regify service is conducted on a usage dependent basis, based on advance payment and the respective applicable price list. Unless otherwise expressly agreed, payment shall be made electronically by use of standard payment methods (such as Credit Card, EC card, or by direct debit authorization). Upon request, the Customer shall receive an invoice for the services used.

§ 4 Duration and Termination of the Contract

4.1 Unless otherwise specifically stipulated in the respective order form, the contract shall be concluded for an indefinite term as of conclusion, and may be terminated by any of the parties with a termination term of one month to the end of the month.

4.2 Termination may be in writing, by Telefax, or by e-mail.

§ 5 Restrictions and Exclusions

5.1 The regify service increases the security and the value of burden of proof with regards to delivery of electronic declarations. However, no guarantee is assumed for any court of any legal system to allow regify e-mail as appropriate evidence (increased legal certainty). Particularly, regify e-mail cannot replace any written or electronic form required by law or agreed upon by legal transaction.

5.2 regify-Provider provides its services with a web-based tool. The reachability of the web-based portal therefore depends on the dial-in setup provided by the Customer's provider of telecommunication services line and network as used by the Customer. The reachability of the web-based portal may thus be limited by the technical circumstances of the Customer's provider of the telecommunication network. regify-Provider does not assume responsibility for the aforesaid.

5.3 The web-based portal shall be principally accessible for the Customer on an annual average of 24 hours per day, with an average monthly availability of 99.0% (-7.2 hours per month). The limitation of availability may result from maintenance and servicing of the web-based tool (maintenance work), which would cause interruptions of access to the web-based tool for the duration of the maintenance work.

5.4 To the extent to which the Customer is provided with a software download for the use of the regify-Service, particularly the web-based portal, the Customer shall receive the non-exclusive right, limited to the duration of this contract, to use the end customer component of the software (client software) as required for the usage in the aforesaid scope. Authorized usage of software within the meaning of the contract shall thus consist only of the retrieval of the services provided by the software. The transfer, or further reaching usage of the respectively implemented software program itself, is not subject matter of the contract.

5.5 regify-Provider shall be entitled, from time to time, to technically modify the regify-Service. regify-Provider hereby reserves the right to limit its support of legacy versions for a period of only 6 months following notification (end-of-life).

§ 6 Customer's Obligations

6.1 The Customer shall install the regify system on his system at his own responsibility. regify-Provider shall not assume any responsibility for data loss or other damages that might occur in the context with this installation at the Customer, unless such loss or damages are provable results of technical faults in the regify system.

6.2 The Customer shall promptly inform regify-Provider of any change to his name, place of residence or business, e-mail address, legal form and/or – if required – his invoicing address or bank details.

6.3 The Customer undertakes,

• not to expose the personal identification and passwords submitted to him, or any access data, to any third party, and to prevent their improper use by applying the required duty of care; the same applies to the safety of usage and access security;
• to use the web-based tool only in accordance with its intended use. In the framework of the usage of the regify service, no information that includes illegal or unethical contents may be transmitted to any recipient. It may also not include any reference to such information (such as information with the purpose of incitement to hatred and violence, or of sexually offensive nature, in the meaning of §§ 130, 130 a) and 131 Criminal Code, or pornographic in the meaning of § 184 Criminal Code);
• not to make use of any spamming methods.

6.4 A violation of the aforesaid regulations shall entitle regify-Provider to immediate deactivation of the Customer, and to immediate termination of the contractual relationship.

§ 7 Data collected and data protection

7.1 Storage of access data in server log files
You can visit the start page and some other pages without giving any personal information. We only store access data in so-called server log files, such as the name of the requested file, date and time of retrieval, transferred data volume and the requesting provider as well as the IP address. These data are collected by us exclusively to ensure trouble-free operation and to improve our offer. These data do not allow any conclusion to your person.

7.2 Data collection and use for contract processing and when opening a customer account
We collect personal data when you voluntarily provide it to us when opening a regify account (by yourself or upon invitation) or when contacting us (e.g. via contact form or e-mail). Which data is collected can be seen from the respective input forms. We use the data provided by you exclusively for contract processing and processing your enquiries. The deletion of your customer account is possible at any time and can take place either via a message to the contact options described below or via a function intended for it in the customer account. After complete liquidation of the contract or deletion of your customer account, your data will be blocked for further use and deleted after expiry of the storage periods under tax and commercial law, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you below.
The auditability of processes is of fundamental importance for users of regify services. For this reason, anonymized data is stored. This data is stored in accordance with EU law. These data are date and time as well as anonymized data of the respective process: message fingerprints, sender and recipient assignments and message keys. This information is never deleted for reasons of verifiability of transactions.

7.3 Transaction data recorded
For sending regify messages (regimail, regipay, regibill, regibox invitations etc.), the regify provider software collects the following information: Date and time of sending and receipt; also the subject line and the e-mail address(es) of sender and recipient. In order to prevent misuse by third parties as best as possible and, if necessary, to provide evidence, we also record the name of your device, a device ID, the registered user and the IP address from which we received the information (user device). On receipt (opening) of a regify message, we record the date and time of the process. We also collect the name of your device, a device ID, to prevent misuse by third parties and, if necessary, to provide evidence.

7.4 Passing on data for contract fulfillment
In order to fulfil the contract, we may pass on your data to contracted companies, insofar as this is necessary to provide the service. Depending on which payment service provider you select in the order process, we pass on the payment data collected for the processing of payments to the credit institution commissioned with the payment or, if applicable, to payment service providers commissioned by us or to the payment service selected by you. In some cases, the selected payment service providers also collect this data themselves if you create an account there. In this case, you must log in to the payment service provider with your access data during the ordering process. The data protection declaration of the respective payment service provider applies in this respect.

7.5 Use of cookies
In order to make your visit to our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your mobile device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your device and enable us to recognize your browser on your next visit (persistent cookies). You can set your browser in such a way that you are informed about the setting of cookies and decide individually about their acceptance or exclude the acceptance of cookies for certain cases or generally. If cookies are not accepted, the functionality of our website may be limited.

7.6 Right to access information and contact options
You have the right to receive information free of charge about your personal data stored by us and, if necessary, a right to correct, block or delete this data. If you have any questions regarding the collection, processing or use of your personal data, information, correction, blocking or deletion of data or revocation of consent given or objection to a specific use of data, please contact us directly via the contact data in our imprint.

7.7 Liability for recorded data
The regify Provider shall only be liable for data loss within the scope of liability pursuant to Section 8.

§ 8 Liability

8.1 The following provisions regulate comprehensively the liability of regify-Provider vis-a-vis the Customer in the context of this contract. Said provisions shall apply regardless of whether the liability arises from an action or a forbearance, or whether it was caused by the regify-Provider himself or by his legal representatives, senior employees, organs or any other employee.

8.2 The liability of regify-Provider , regardless of the legal ground, is limited to damages caused by gross negligence and willfully, as far as the following liability regulations do not determine otherwise. In the event of ordinary negligence, regify-Provider shall be liable only insofar, as an obligation has been violated, the fulfillment of which constitutes a precondition for the execution of the contract, the violation of which jeopardizes the obtainment of the purpose of the contract, and on the compliance of which the customer relies. However, liability for material and monetary damages shall in such an event be limited to a maximum amount of Euro 2,500.00 per damaging event, and within a period of 12 calendar months to a maximum amount of Euro 10,000.00. Liability for indirect or consequential damages shall be excluded in any event. The aforesaid does not apply to cases of intent.

8.3 The statutory liability of regify-Provider pursuant to the Law of Product Liability and other compulsory statutory liability regulations regarding the statutory liability for physical injuries caused by regify-Provider (with or without lethal consequences) remains unaffected.

§ 9 Deactivation of Services

regify-Provider shall be entitled to block access to its services in whole or in part, if

• the Customer is in default with payment obligations of at least EUR 75, a safety deposit has been used up, and a threat of deactivation had been issued in writing, within a notification term of 48 hours;
• reason has been given for immediate termination of the contractual relationship.

§ 10 Miscellaneous

10.1 regify-Provider shall be entitled to transfer rights and obligations arising from this contract, in parts or in whole, to companies affiliated with regify-Provider . regify-Provider shall notify the Customer accordingly.

10.2 Any mutual declarations pursuant to this contract may be submitted by the parties in writing, by telefax or in text form (e-mail etc.).

10.3 Legal venue for all disputes is …………, insofar as the Customer is a fully qualified merchant, and the contract is part of the operation of his commercial enterprise. regify-Provider may also assert its claims at the courts of the Customer's general legal venue. Any exclusive legal venue remains unaffected thereof.

10.4 In the event that any individual provision of this contract is held to be or become invalid, this shall not affect the legal validity of the remaining provisions. In replacement of the invalid provision, a valid provision shall be agreed upon resembling the mutually desired as economically close as possible. The same applies to the completion of any legal gaps.

10.5 The exclusively applicable law for all legal relationships between regify-Provider and the Customer shall be the law of ………… under exclusion of the UN Sales Law (CISG) or any other international conventions.