Terms of Service

Terms of Service of SciFlow GmbH Altensteinstr. 40, 14195 Berlin (hereinafter referred to as GmbH) for the users of SciFlow (hereinafter referred to as User)

§ 1 Object of the contract

(1) The object of the contract is the provision of software by the GmbH for use by the User via a remote data connection and other associated services.

§ 2 Provision of SciFlow by the GmbH

(1) The GmbH grants the User the usage of the application software "SciFlow" (hereinafter referred to as "Software" or "SciFlow") in the respective current version via the Internet. The GmbH embarks on making the software available to the User on servers within the sphere of influence of the GmbH and to which the User has access to the required extent.

(2) The functional scope of the software: SciFlow is a web-based application for scientific writing and publishing. The software can be used to write, revise and publish scientific texts.

(3) SciFlow can be accessed at the URLs www.sciflow.net and www.opend.org.

(4) The first access for registration has to be made via a link on the website of the GmbH. After registering using the URL, the User will receive an e-mail confirmation and can assign a password.

(5) User instructions for SciFlow are available via the URL www.sciflow.net.

(6) An adaptation of SciFlow to the User's specific needs is only owed with a corresponding additional written agreement.

§ 3 Updating of SciFlow by the GmbH

(1) The User is provided with the current version of SciFlow.

(2) The GmbH shall be entitled to modify the software, in particular, to adapt it to technological progress. This right also includes substantial changes to the software.

(3) As soon as the GmbH modifies or supplements the contractual software with new or improved functions or other performance features, the GmbH undertakes to replace the contractual software with the modified or supplemented software. However, this shall only apply if and when the test phase for the application and additions has been completed and the GmbH offers the software in the modified or supplemented version on the market.

(4) Adaptations, changes, and additions to the software by the GmbH may be made at any time, even during regular business hours.

§ 4 Provision of Support for SciFlow by the GmbH

(1) The GmbH shall provide the User with customer service (support), which the User can contact via e-mail. The sole purpose of the support is to assist the User in using the services of the GmbH owed under this agreement. The support will also be available to other customers.

(2) The GmbH may additionally provide telephone support. The service hotline, which can be reached by telephone, serves solely to answer questions regarding the use of the software that is the object of the contract and not to answer questions and solve problems of a technical nature. The hotline is available to the User Monday to Friday from 10 a.m. to 4 p.m.. Telephone support is not available on Saturdays, Sundays, and German public holidays.

§ 5 Data hosting, data protection, and confidentiality

(1) The User can store data on the virtual data server set up by the GmbH, which he can access in connection with the software provided. The GmbH shall provide the User with storage space for storing his data.

(2) The GmbH shall secure the User's data by taking precautions against data loss in the event of a computer crash and preventing unauthorized access to the User's data by third parties. For this purpose, the GmbH shall make backups and check the User's data for viruses and install or update firewalls at reasonable intervals, which shall be at the discretion of the GmbH.

(3) The GmbH shall only owe the provision of storage space for the contractual use by the User. The GmbH shall have no custodial or safekeeping obligations to the data transmitted and processed by the User. The customer is responsible for compliance with the retention periods under commercial and tax law.

(4) The User shall, in any case, remain the sole owner of the data and may demand from the GmbH the surrender of individual or all data at any time, in particular after the termination of the contract, without any right of retention or lessor's lien (§ 562 BGB) on the part of the GmbH. The surrender of the data shall be effected by handing over data carriers or by transmission via a data network. The User shall not be entitled to also receive the software suitable for the use of the data.

(5) The GmbH shall delete the customer data it holds in an unrecoverable manner 14 days after the termination of the contractual relationship unless the User notifies the GmbH within this period that it demands the return of the data. Failure to notify shall be deemed as consent to the deletion of the data. Upon termination of the contract, the GmbH shall draw the User's attention to the significance of his conduct.

(6) The GmbH is aware of the applicable provisions of data protection law - in particular, the General Data Protection Regulation (GDPR), the Telemedia Act (TMG), and the Telecommunications Act (TKG). The GmbH shall comply with the statutory provisions of data protection as amended from time to time.

(7) If the User processes personal data within the scope of this contractual relationship, he shall be responsible for compliance with the provisions of data protection law. The GmbH shall process the data transmitted by the User only within the scope of the User's instructions. If the GmbH believes that an instruction of the User violates data protection regulations, it shall inform the User thereof without delay.

(8) Access data (user names and passwords), used for protected data access by the User, may not be made accessible to unauthorized third parties. Employees of the GmbH may only obtain knowledge of the access data or access to data stored by the User if this is necessary to execute this contract. For this purpose, passwords are only stored in encrypted form.

(9) The GmbH undertakes not to forward or use any data obtained during the preparation or execution of the contract. The GmbH shall keep this information strictly confidential. This also applies to third parties, employees of the GmbH, and unauthorized users, unless it is necessary to fulfill the contract.

(10) The GmbH agrees to implement identical provisions for all of its employees involved in the performance of this agreement.

(11) The current data protection regulations are made available at https://www.sciflow.net/privacy.

§ 6 Obligations of the User

(1) The User is not entitled to pass on his access data to third parties. The User is obliged to handle his access data carefully and prevent the use of access data by third parties.

(2) The User is not entitled to make the software available to third parties for use by third parties. The User is expressly not permitted to sublet the software.

(3) The User is not entitled to access SciFlow or parts of SciFlow by using automated processes unless the User has received prior written permission.

(4) The User may not make any modifications to the software.

(5) Decompilation of the provided software is not permitted. Exceptions to this are reproductions of the code or translations of the code form, which are indispensable to obtain the necessary information for establishing the interoperability of an independently created computer program with the provided software or with other computer programs, provided that the requirements specified in Section 69 e (1) Nos. 1 to 3 of the German Copyright Act are met.

(6) The User may not duplicate the software unless duplication is necessary for the use of the software. Necessary duplication includes loading the software into the working memory, but not even temporary installation or storage of the software on data carriers (hard disks or similar) of the hardware used by the User. The User may not make any further copies, including but not limited to printing out the program code and photocopying the user manual. The User's right to reproduce the program code under the conditions of § 69 e para. 1 UrhG remains unaffected.

(7) An account may only be used by one person. Several persons may not share the account or use a single account.

(8) The User is solely responsible for the content and integrity of the data stored in SciFlow. The GmbH has no influence on the User's data, neither correctness, legality, or the like. If changes are made to the software, it is the responsibility of the GmbH to maintain the integrity of the stored data.

(9) The User undertakes not to publish any personal data of third parties in a group without written permission.

(10) The User is obliged to indemnify the GmbH for any liability arising from the illegality of the content stored on the User's account or published by the User. This also includes the obligation to indemnify the GmbH for all legal costs.

(11) By publishing the data and content on SciFlow, the User guarantees that he has the publishing rights of the data and content. By publishing the data and content on SciFlow, the User guarantees that it does not violate data protection and privacy laws as well as data protection, security, and privacy or ethical guidelines of his institution.

§ 7 Warranty and liability

(1) The GmbH shall be liable for the careful and professional performance of its contractual services. Any further warranty rights shall be excluded unless this is contrary to applicable mandatory law and unless the conditions of paragraphs [4] and [5] apply. This shall take account of the fact that no consideration has been agreed for the provision of its contractual services by the GmbH. In any case, concerning the granting of the possibility to use the software according to Section 2 (1) of this Agreement and the data hosting according to Section 5 of this Agreement, the strict liability claim for damages according to Section 536a (1) Alt. 1 BGB is excluded.

(2) The GmbH shall not be liable for the server's connections nor blackouts and for failures of servers that do not belong to the sphere of influence of the GmbH.

(3) The GmbH will do everything to protect data from unauthorized access or damage. Nevertheless, liability is limited, and there is no compensation in case of intrusion, deletion, etc. Access to SciFlow may be temporarily interrupted due to evaluation, overhaul, updating, and installation of new features.

(4) Unlimited liability: The liability of the GmbH is limited to intent and gross negligence. In the case of simple negligence, the GmbH is also liable for death, injury, damage to health, and following the Product Liability Act, for which liability cannot be excluded.

(5) Limitation of liability: In the case of simple negligence, the liability of the GmbH shall be limited to the breach of contractual obligations, which are cardinal obligations. Cardinal obligations are those essential obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose fulfillment the contractual partner may regularly rely. The limitation of liability shall also apply in favor of the vicarious agents of the GmbH.

(6) The GmbH assumes no responsibility for the content of external websites and content provided by users or partners of the GmbH.

§ 8 Commencement of the contract / Termination

(1) The contract comes into force with the first registration by accepting this agreement.

(2) The GmbH may terminate this agreement with two months' notice to the User.

(3) The User may terminate the contract at any time. The termination shall be made in writing to SciFlow GmbH, Altensteinstr. 40, 14195 Berlin, or via e-mail to [email protected].

(4) A right of termination for a good cause remains unaffected.

§ 9 Final Provisions

(1) Amendments and supplements to this contract or its appendix must be made in writing. This also applies to any waiver of this formal requirement.

(2) The place of jurisdiction is Berlin, Germany. The substantive law of the Federal Republic of Germany shall apply to this contract.

(3) The contract is based on mutual trust. Both contracting parties shall endeavor to settle any differences of opinion amicably.

(4) Should one of the provisions of this contract or an annex be or become illegal, invalid, or ineffective in whole or in part, this shall not affect the validity of the other provisions. As long as the parties have not agreed on another provision, such provision shall be replaced by a valid provision that corresponds as far as possible to the economic purpose of the provision and the intention of the parties at the time of conclusion of this contract. This shall apply analogously to unintended loopholes in the contract.