The use of proTECTr requires the consent of the user to these terms of use.
§ 1 Service
(1) proTECTr is an offer from procilon GmbH (hereinafter: the provider) to electronically transmit encrypted data to third parties. (2) For this purpose, the provider provides software that is used over the Internet (hereinafter: proTECTr). For use, the user's first name, surname and a valid email address must be entered and a password must be set. An electronic certificate that uniquely identifies the user is generated from this information.
§ 2 Rights of Use
(1) The user receives the non-exclusive right, which is limited in time to the term of the contract, to use proTECTr free of charge via the Internet and to use it using a browser or another suitable application in accordance with the statutory provisions and these terms of use. (2) The current range of functions of proTECTr results from the current product description under the section "What is proTECTr". (3) The provider immediately eliminates all errors in proTECTr in accordance with the technical possibilities. An error is present if proTECTr does not fulfill the functions specified in the product description, delivers incorrect results or does not work properly in any other way, so that the use of proTECTr is impossible or restricted. (4) The provider continues to develop proTECTr and will endeavor to improve it through ongoing updates and upgrades.
§ 3 availability
(1) The availability of proTECTr is 98.5% on an annual average including maintenance work, but the availability must not be impaired or interrupted for more than two calendar days in a row. (2) The provider is released from the obligation to provide proTECTr if and to the extent that this is due to the occurrence of circumstances that are not in the area of responsibility of the provider or third parties commissioned by him or are based on force majeure. (3) Force majeure circumstances include war, strikes, riots, expropriations, fundamental changes in the law, storms, floods and other natural disasters as well as other circumstances for which the provider is not responsible. This also includes water ingress, power failures and interruptions or destruction of the necessary data lines.
§ 4 obligations of the user
In particular, the user will fulfill the following obligations: (1) He will observe all statutory provisions (e.g. also industrial property rights, copyrights and competition law) when using proTECTr. Furthermore, he will not use the proTECTr to transmit any illegal content that violates the law, official requirements or the rights of third parties. In particular, he will not use proTECTr to transmit content that glorifies war, right-wing or left-wing radicals, child pornography or content that violates human dignity. (2) Furthermore, the user will not use proTECTr to send computer damaging software or parts thereof. (3) The user will not harass other proTECTr users against their recognizable will. (4) The user will indemnify the provider from all third-party claims based on illegal use of proTECTr by him or with his approval. If the user recognizes or has to recognize that such a violation is imminent, there is an obligation to immediately inform the provider about (5) The provider is entitled to exclude the user from using proTECTr for an unlimited period of time after a previous warning has been unsuccessful in the event of such a breach of duty that has become known. Access can only be restored if the breach of the relevant essential obligation has been permanently eliminated or the risk of repetition has been ruled out by submitting an appropriate declaration of cease and desist to the provider.
§ 5 Duration and Termination
The contract begins with the registration of the user with proTECTr and is concluded for an indefinite period. It ends (1) by deleting the user data by the user or provider at the request of the user via or (2) by blocking the possibility of use by the provider in accordance with Section 4 (5).
§ 6 liability
(1) The provider is only liable - regardless of the legal reason - if and to the extent that the damage is caused a) was caused by a culpable breach of an essential contractual obligation or b) is due to gross negligence or willful misconduct on the part of the provider as long as there has been no injury to life, limb or health of the user. The above limitation of liability also does not apply if the user makes claims for damages due to the lack of a guaranteed property. What is essential is a contractual obligation, the fulfillment of which enables the proper execution of the contract and compliance with which the user can regularly rely. (2) If the provider is liable in accordance with § 6 para. 1 a) of these terms of use for the violation of an essential contractual obligation without gross negligence or intent and without injury to life, body or health of the user, the liability is limited to the extent of damage with which If the provider typically had to reckon on the conclusion of the contract due to the circumstances known to him at the time. In this case, the provider is not liable for indirect damage, consequential damage or loss of profit. (3) The aforementioned limitations of liability also apply mutatis mutandis in favor of the provider's employees and agents.
§ 7 final provisions
(1) The place of performance is the provider's business premises in Taucha, unless otherwise agreed. (2) Should individual clauses of the terms of use be or become ineffective, this shall not affect the effectiveness of the remaining provisions. In place of the ineffective provision, a provision should then come in that comes closest to what the parties want economically. (3) The law of the Federal Republic of Germany applies, excluding the UN sales law. (4) As far as legally permissible, Leipzig is agreed as the exclusive place of jurisdiction.
