General terms and conditions

The English translation of the general terms and conditions serves only as a means of understanding.
In case of differences between the German version and the English translation, the German version shall prevail.

General terms and conditions for the use of alfaview services within the meaning of Section 13 German Civil Code (§ 13 BGB)

The following contract is hereby concluded between alfaview gmbh, Kriegsstr. 100, 76133 Karlsruhe, Germany represented by Niko Fostiropoulos (“alfaview”) and the User (the “User”).

1. Scope

  • The business relationship between alfaview and the user shall be governed exclusively by the following terms and conditions (“terms”).
  • The services of alfaview are directed exclusively at users who are consumers within the meaning of § 13 BGB (German Civil Code) and are therefore natural persons who do not conclude this contract for purposes that can be attributed predominantly to their commercial or independent professional activity (“consumers”).
  • Entrepreneurs and self-employed persons according to § 14 BGB (“Entrepreneur”) are only entitled to use the services for test purposes within the scope of an evaluation license. Commercial use of the “alfaview® free conference room” is prohibited for entrepreneurs. For commercial use/implementation in business operations that goes beyond test purposes, the entrepreneur can use the alfaview® Enterprise version. LINK: https://alfaview.com/page/plans

2. Purpose

  • The alfaview®free conference room is a conference solution that makes it possible to hold online meetings with live video transmission free of charge. The users in the conference rooms of alfaview® can be networked and transmitted with video and audio (“alfaview® conference room”). The subject matter of this contract is thus the provision of a virtual conference room, the underlying software (“Software”) and the applications offered by alfaview for download and installation (“Application”) (collectively or individually also the “alfaview services”), which are free of charge, indefinite in time and limited to non-commercial use. The software enables audio and Video transmission as well as the transmission of documents and other screen contents by multiple participants and thus the organization and execution of virtual conferences.
  • The booking option for the free alfaview® conference room is a non-binding offer from alfaview. By confirmation of the booking option by the user, he/she makes his/her offer to conclude the contract. Only the transmission of the access data represents the declaration of acceptance by alfaview and thus the time of conclusion of the contract. Access to the alfaview®free conference room is open to the user from the moment he/she registers with his/her access data for the first time and accepts the General Terms and Conditions.
  • The use of the free alfaview® conference room is limited to 10 hours per month and allows a maximum room size of 50 participants. The user can only have one room. The user can invite the conference room participants to the alfaview® conference room via a link (“guest link”). The booking of the alfaview® conference room takes place on the homepage of alfaview at alfaview.com. After booking the alfaview® conference room, an invitation link is being generated. The use of a guest link does not enable or permit the use of a separate conference room, but merely allows participation in the conference to which the guest has been invited. It is pointed out in a clarifying way that the guest can also exercise the booking option himself/herself in accordance with the regulations in Section 2 Subsection 2.
  • alfaview points out that after 24 hours of continuous use of access, the connection is terminated for technical reasons. Immediate re-dialing is possible.

3. Tasks of alfaview

  • alfaview® will provide the user with access data to the alfaview® conference room booked by the user, with which the user can enter the alfaview® conference room. If necessary, alfaview will also provide the user with an application for downloading and installation on the user’s system. To participate, the software will be downloaded from (“Software”). More information in the Support Center.
  • alfaview operates the software on servers and makes it available to the user as a managed platform for the provision of alfaview services. alfaview is not obliged to keep the software available on its own server.
  • alfaview reserves the right to update the respective program statuses for both the server software and the applications at its own discretion. The most recent version of the application is here avaiable. It is the responsibility of the respective conference participants to install the latest version of the application. However, alfaview is expressly not subject to any obligation to update.
  • As part of the provision of the free alfaview® conference room, in particular, no maintenance of the software takes place. This also applies to the delivery of updates.
  • alfaview reserves the right to change or discontinue the provision of the free alfaview® conference room at any time and without prior notice. This means that the user has no claim to the availability of the cost-free services, in particular he/she will never receive a binding claim to the free use of the alfaview® conference room.
  • Descriptions of the alfaview services, the software and the applications shall not be regarded as a quality guarantee.

4. Tasks of the users

  • The services offered by alfaview may not be used expressly for a purpose for which damage is possible for product or personal safety reasons, such as in the medical sector, in the aviation sector, air traffic, for military purposes etc. alfaview is not liable for damages if an application has taken place in these respective areas.
  • The user grants alfaview a simple right to use the content of the conference, insofar as this is necessary for the proper provision of alfaview services, e. g. with regard to the transmission and encryption of audio and video content.
  • The user undertakes to take appropriate precautions to prevent unauthorized access by third parties to the software and the applications in his sphere of influence, in particular by observing appropriate security precautions according to the current state of the art when using the login and with regard to the login data.
  • The user undertakes to use alfaview services exclusively under the respective signs specified by alfaview, currently the brand alfaview®. Any further use of alfaview’s trademarks in a manner not permitted by these terms of use is prohibited.
  • The user shall comply with the minimum technical requirements (“system requirements”) with regard to IT infrastructure (hardware/network/configuration/conflicting software). These can be viewed at any time here. The system requirements can be adjusted in the course of updates of the program statuses. alfaview accepts no responsibility for compliance with the system requirements. If the system requirements are not complied by the user, functional impairments of the alfaview services may occur.
  • Furthermore, the user is exclusively and unrestrictedly responsible for the contents discussed, shown or otherwise presented or exchanged in the conferences. The user guarantees that the content discussed, shown or otherwise presented or exchanged in the conferences does not violate the legal provisions on the protection of minors, personal rights or other rights of third parties, in particular copyrights, and observes applicable law (e. g. criminal law and the protection of minors). In addition, it ensures that only true and not misleading statements are made.
  • In particular, the user undertakes to use the alfaview services for legitimate purposes only and in particular not to use them for the following purposes, nor to cause other persons to use them for such purposes or to attempt to do so:
  • Fraudulent or other illegal activities or requests to do so that violate applicable law;
  • Impairment or presumption of intellectual property such as copyrights, trademarks, property rights, licensing rights or intellectual property rights to legitimate content;
  • the use, storage, release, hosting, copying, distribution, display, publication, transmission or dispatch of content that could be considered offensive, incitement to hatred, slander, discrimination, disparagement of a worldview, violation of privacy, harmful to others or otherwise offensive;
  • Access to third party computers or communication systems/networks, software applications without permission of the authorized person including Denial of Service (DoS), unauthorized monitoring or crawling, distribution of malware (e. g. viruses, trojans, ransomware, time bombs, spyware, adware or cancelbots)
  • Dissemination of undesired, unsolicited or offensive emails or other messages, advertising, advertisements or claims (also known as spam);
  • Modification, falsification or concealment of email headings or the assumption of the identity of a sender without his express consent;
  • Impairment of alfaview security devices.
8. alfaview reserves the right, but does not assume any obligation to monitor and investigate violations of this contract. Otherwise alfaview does not carry out any checks on the contents of the conferences, not even random checks. The conferences will not be listened to by alfaview (e. g. in the sense of an invisible participant). Otherwise, alfaview will only join conferences after prior consultation.
9. Any violation by the user of the obligations described in this Section 4 (Tasks of the user) constitutes a material breach within the meaning of this contract. Therefore, alfaview is entitled to take the following measures at its own discretion in particular (but not exclusively) in the event of infringements and any unlawful or improper use of the alfaview services:
  • Issue of warnings;
  • Temporary or permanent termination of the provision of alfaview services towards the user;
  • Assertion of the costs arising from the infringement, including reasonable costs of legal proceedings;
  • initiating or taking further legal action against the infringing user and/or
  • Disclosure of information to law enforcement authorities at alfaview’s reasonable discretion. In doing so, alfaview accepts no liability whatsoever for measures taken in response to the violation of these guidelines.

5. Utilisation rights

  • alfaview grants the user a license to use the alfaview services in accordance with Section 2 Subsection 1, insofar as this is necessary for the use of the services used by him in accordance with Section 2. In particular, the user is entitled to download, save and install the application.
  • alfaview points out that software is used by third-party providers to perform its services.
  • The licence for the alfview services is issued in the form of a non-exclusive, revocable and cancellable licence that is limited to a indefinite period of time and that is limited to the user, non-transferable, and non-sublicenseable. Users are expressly not granted utilisation rights in a scope above and beyond this, for instance to the software, to applications or code, particularly the software’s source code or that of the applications or to the operating systems of the servers on which alfaview’s software is operated. This does not apply to included open source software or other third-party components. With respect to these program parts, users are only entitled to a simple utilisation right that entitles them to their normal use.
  • Users are entitled, at their own discretion, to invite participants to the conferences they have booked according to the size of the conference room they have selected. Invited participants must agree to alfaview’s terms of use. alfaview is not obliged to grant invited participants access to the conferences. After acceptance of the terms of use, the invited participants will receive an access code limited to the conference. The access code expires automatically at the end of the conference. Further access to alfaview’s services is only possible if an independent contract is concluded. There is no obligation to conclude a contract on the part of alfaview. After conclusion of the contract, participants receive the access data and can participate in optional conferences.
  • Furthermore, the user is not entitled to do any of the following with the software or the applications or parts thereof
  • to save or duplicate them beyond the purpose of the contract, to sell them to third parties or to cede them to third parties for a limited time, and in particular to rent or lend them, to modify or upplement them, to analyse or disassemble them or have them analysed or disassembled, and/or to use them as the basis for creating other works or to copy their functions.

6. Liability

  • alfaview is only liable itself, or vicariously only, in the event of gross negligence or wilful intent, and injury to life, limb or health. In addition, alfaview shall be liable insofar as it is a violation of a material contractual obligation (“significant contractual obligations/cardinal obligations are those obligations the fulfilment of which enables the proper implementation of the agreement in the first place and that the contractual partner can generally trust will be adhered to”). In the case of a slightly negligent breach of a material contractual duty, alfaview is liable for itself or a vicarious agent only for such typical damages as were foreseeable at the time the contract was concluded. This limitation of liability applies to contractual and non-contractual claims.
  • This does not affect liability arising from German product liability law and other mandatory statutory regulations.
  • alfaview is only responsible for a loss of user data caused by alfaview, or of data on the user´s systems, through its own fault and only up to the amount that would have typically arisen for the recovery of the data if it was properly and regularly backed up.
  • alfaview does not assume any responsibility for the content created by the user. alfaview has no obligation to verify the accuracy of the content. alfaview does not appropriate conference content.
  • In addition, the user shall indemnify alfaview from all claims of third parties and damages arising from any illegal or improper use of the alfaview services and/or the software and/or the applications by the user or which are based in particular on data protection, copyright or other legal disputes arising from the use of the alfaview services, the software and/or the applications. The indemnity also includes the reasonable costs of legal proceedings. This concerns in particular the case that the contents of the user contain legal infringements.
  • If alfaview services are used on mobile devices, alfaview points out that no liability is assumed for neglecting safety regulations or measures or traffic rules.
  • If and to the extent that alfaview is obligated by the use of Open Source Software (OSS) within the framework of alfaview® to inform third parties of the licence conditions applicable to integrated OSS components, all agreements between alfaview and the user including these provisions shall remain unaffected. The OSS components used in the context of alfaview® as well as the applicable license conditions are listed in Appendix 1 and Appendix 2.

7. Data protection

  • alfaview uses the personal data provided (e.g. name, email address) pursuant to Art. 6 I lit. b) GDPR in order to implement this agreement.
  • The data protection declaration applies for the handling of personal data by alfaview that is collected by visiting the website and/or the use of alfaview.
  • alfaview is not obliged to provide the services on a separate server, but rather can avail of third-party services for this. The functions required to provide the services are exclusively hosted on servers within the EU.
  • Other than this, personal user data will not be transferred, sold or otherwise transmitted to third parties, unless:
  • This is required for the purposes of implementing and processing the agreement,
  • This is necessary for settlement purposes or
  • The user has given its prior consent.
5. alfaview can supply the user with information and/or notifications by email in conjunction with the use of alfaview services. This right does not include the transmission of advertising by alfaview to the user.
6. Once the user has given its consent to advertising , alfaview also uses the information about this, and above and beyond the handling of the services requested by the user, in order to occasionally send the user interesting news and information by post about the company or alfaview’s goods and services offering, based on the users details, that reflect the user’s individual interests, and use the user’s details here to perform the necessary evaluations. Here it may be technically necessary for alfaview to summarise the resulting data, and the details provided, in usage profiles and to evaluate these for the purposes outlined above. This is only carried out internally and only for the purposes described above. Users can withdraw their consent in this regard at any time to news@alfaview.com. If the user has not given its consent or if the user withdraws such consent, data will not be used as described in the previous paragraph. Needless to say, however, the user will be able to use alfaview services.
7. If the user has consented, alfaview can send the user topical information and interesting offerings via newsletter. The user can revoke this consent to use the email address for advertising purposes at any time with effect for the future and unsubscribe from the newsletter by clicking on the “Unsubscribe” link at the end of the newsletter or by sending an email with the subject “unsubscribe” to news@alfaview.com.

8. Compulsory information for consumers

  • alfaview grants the user, who is a consumer, a right of revocation in accordance with the following revocation instruction.
  • Cancellation policy
i. Right of revocation A. You have the right to revoke this contract within fourteen days without giving any reasons. B. The revocation period is fourteen days from the date of conclusion of the contract. In order to exercise your right of revocation, you must inform us (alfaview gmbh, Kriegsstr. 100, 76133 Karlsruhe, Germany, telephone: +49-721-35450-450, fax: +49-721-35450-69, email: support@alfaview.com) by means of a clear declaration (e. g. a letter, fax or email sent by post) of your decision to revoke this contract. C. In order to comply with the revocation period, it is sufficient that you send the notice of revocation prior to the expiry of the revocation period.

ii. Revocation consequences
If you revoke this Agreement, we will be obliged to return all payments received from you, including delivery costs (except for the additional costs arising from your choice of a different type of delivery than the cheapest standard delivery offered by us), to you without delay and at the latest within fourteen days from the date on which we receive notice of your revocation of this Agreement. We will use the same means of payment for this repayment as you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this repayment. End of the cancellation policy.
b. Sample revocation form (If you want to revoke the contract, please fill in this form and send it back.)
  • To alfaview gmbh, Kriegsstr. 100, 76133 Karlsruhe, Germany, Fax: +49-721-35450-69, Email: support@alfaview.com
  • I/we hereby revoke the contract for the provision of the following service:
  • Ordered on: ______________
  • Name of the consumer(s)
  • Address of the consumer(s)
  • Signature of the consumer(s)
  • Date
2. As an online company, we are obliged to draw your attention as a consumer to the European Commission’s Online Dispute Resolution Platform (ODR platform). This ODR platform can be reached via the following link: https://webgate.ec.europa.eu/odr. However, we do not participate in a dispute settlement procedure before a consumer conciliation body.

9. Final provisions

  • Should individual provisions of this agreement be ineffective or impracticable, this will not, in principle, affect the validity of the remaining provisions. In place of the ineffective provision, the contractual parties will seek to find such a provision that most closely meets the legal and financial objective of the agreement.
  • These terms of use and the further provisions mentioned therein contain all agreements between the parties with respect to the subject of this contractual relationship. This renders any earlier agreements invalid.
  • German law alone, excluding the conflict of laws and the UN Convention on Contracts for the International Sale of Goods, is applicable to the contractual relationship.
  • alfaview further has the right to subsequently amend the terms of use unilaterally if a change in market conditions, certain statutory requirements or a Supreme Court decision necessitates an adjustment to the terms of use. In each case, an adjustment will only be made to the extent necessary as a result of events as listed in Sentence 1 of this paragraph that were not foreseeable. alfaview is only entitled to change these contractual terms on the condition that it notifies the user of this no later than six weeks prior to the change taking effect. The user may oppose the change within a period of six weeks from receipt of the notification, otherwise the change is considered to be approved. alfaview must expressly refer to this in its notification.
As at December 2018

General Terms and Conditions for the Use of alfaview Services within the meaning of Section 14 German Civil Code (§ 14 BGB)

between the alfaview gmbh, Kriegsstr. 100, 76133 Karlsruhe, Germany represented by Niko Fostiropoulos (“alfaview”) and the customer (the “Customer”).

1. Scope

  • For the business relationship between alfaview and the Customer, the following terms and conditions (“GTC”) apply exclusively in their version valid at the time of the conclusion of the contract. Deviating terms and conditions of the customer are not recognized, unless alfaview expressly agrees to their validity in writing.
  • The services of alfaview are aimed exclusively at customers who are businesses within the meaning of § 14 BGB, legal persons under public law or a public-law special fund (“Business”).

2. Subject

  • alfaview offers alfaview®, a conference solution that enables online meetings to be held with live video transmission. The users can be networked and transmitted in the conference rooms of alfaview® with video and audio.
  • The services offered by alfaview are expressly not offered if they are to be used in areas or areas where potential life, limb or health injuries, in particular personal injury or damage to health are conceivable, e.g. in particular in the medical field, in the field of aviation, aviation, for military purposes, etc. For such o.g. Areas, in particular in which potential injury to life, limb or health and in particular personal injury or damage to health are conceivable, the offered services of alfaview expressly not be used, so alfaview is not liable in particular for damages, if an application in this area has taken place.
  • The object of this contract is thus the contractually limited and free of charge (30-day trial) provision of virtual conference rooms (“Conference Room”), the underlying software (“Software”) and of alfaview applications offered for download and installation (“Application”) (together or individually also the “alfaview Services”).
  • The software enables both audio and video transmission as well as the transmission of documents and other screen content by multiple participants and thus the organization and execution of virtual conferences, each booking one or more virtual conference rooms and conferences (the “Participants”) Can be organized and carried out per conference room. The selection of participants is the sole responsibility of the customer.
  • alfaview points out that after 24 hours of uninterrupted use of access for technical reasons, the connection will be terminated. An immediate re-election is possible.
  • The specific scope of the alfaview services can be found in the order form.

3. Obligations alfaview

  • alfaview will provide the customer with access data to the conference rooms booked by the customer, allowing the client to have the conference rooms.
  • As far as necessary, alfaview will be the customer as well
  • an application for download and installation on the customer’s system as well
  • an application for download and installation on the system of participants
provide access to the conference rooms. The application for use by the participants of alfaview can also be offered directly for download by the participant, which the participant can access via the internet here. To participate, download the software, for more information visit the Support Center. The acceptance of the corresponding terms of use for the respective application, is a prerequisite for downloading and using the respective application.
3. alfaview operates the software on servers and provides them as a managed platform for providing the alfaview services to the customer. alfaview is not obligated to keep the software on its own server.
4. The availability of alfaview services has in the past been mostly 99.9%. Although alfaview always endeavors to keep the services constantly available, no guarantee can be given in this respect. The obligation to provide services is therefore fulfilled if the customer has access to 98% annual average utilization. In addition, in particular, maintenance, security or capacity issues, as well as events beyond the control of alfaview (such as disruptions to public communications networks, power failures, etc.), may result in short-term disruption or suspension of services for which alfaview is not liable. This applies in particular to services that are obtained from third parties. In addition, the quality of access to the Internet and data traffic on the Internet is dependent on downstream data lines, to which alfaview has no influence and can therefore assume no liability for them. In particular, alfaview is not liable for disruptions in the quality of access to the Internet and Internet traffic due to force majeure and events beyond the control of alfaview, which make alfaview’s services considerably more difficult or impossible.
5. alfaview reserves the right, in its sole discretion, to update the respective program statuses for both the server software and the applications. The most recent application version is available here. It is the responsibility of each conference participant to install the latest version of the application. However, alfaview is expressly not subject to updating.
6. Any other services, e.g. Development, support, installation, furnishing, consulting, adaptation and / or training services as well as creation and provision of individual programming or additional programs that alfaview can provide in connection with the alfaview services require a separate agreement between the parties in Text form and are not the subject of this contract.

4. Rights of use

  • alfaview grants the customer a license to use in accordance with section 4 subsection 3 of the alfaview services to the extent that is required for the use of the services it has requested under section 2. In particular, the customer is entitled to download, save and install the application.
  • alfaview points out that third-party software is used to provide services.
  • The license to the alfaview services shall be granted in the form of a non-exclusive, contractually agreed, non-transferable, revocable, revocable, sublicensable, revocable license in accordance with Section 2 and the Customer. Usage rights in a broader scope, such as the software, applications or code, in particular the source code of the software or applications or on the operating systems of the server on which the software is operated by alfaview, are expressly not granted to the customer. This does not apply to included open source software or other components of third parties. With regard to these program parts, the customer is only entitled to a simple right of use which entitles the user to its intended use.
  • The Customer may, at its sole discretion, invite Participants to the Conferences booked by Customer as part of the Conference Room Sizes selected by it. The customer undertakes to ensure that all participants use the conferences and consequently the software and applications exclusively in accordance with these contractual conditions. Incidentally, the customer is not entitled to grant sublicenses.
  • Furthermore, the customer is not entitled to the software or the applications or parts thereof
  • store or reproduce (except as expressly provided in Section 4, sub-items 1-4);
  • to sell to third parties or to lend for a limited time, in particular not to rent or rent,
  • to amend or supplement,
  • analyze or disassemble, analyze or disassemble, and / or
  • to use as a basis for the creation of other works or to copy their functions.

5. Special features trial version

  • The free 30-day trial is an evaluation license that may be used for testing and demonstration purposes only. Any productive use is prohibited. The right of use is granted for a limited period of 30 days, starting with the access to services. The right of use expires at the end of this period without the need for termination.
  • In particular, no maintenance of the software is carried out as part of the evaluation license. This also applies to the delivery of updates. The service is provided “as is”.
  • The customer is never entitled to use the trial version.
  • alfaview reserves the right to change or discontinue the trial at any time without notice. The customer is not entitled to the availability of the services.
  • Apart from that, all other provisions apply. In particular, the “Duties of Customers and Participants”, Section 6 apply.

6. Obligations of customers and participants

  • The customer / participant may not use the services offered by alfaview expressly in areas or for areas in which potentially life, limb or health injuries, in particular personal injury or damage to health are conceivable, e.g. in particular in the medical field, in the field of aviation, aviation, for military purposes, etc. For such o.g. Areas, in particular in which potential injury to life, limb or health and in particular personal injury or damage to health are conceivable, the offered services of alfaview expressly not be used, so alfaview is not liable in particular for damages, if an application in this area has taken place.
  • The Customer / Participant grants alfaview a simple right to use the contents of the Conference, to the extent necessary for the proper provision of the alfaview services, such as the transmission and encryption of audio and video content. The customer will ensure that the participants alfaview in the same way a simple license.
  • The Customer / Participant undertakes to take appropriate precautions to prevent unauthorized third party access to the software and applications within its sphere of influence, in particular by providing adequate security in the use of the login and login details in accordance with the current state of the art.
  • The customer / participant undertakes to use alfaview services exclusively under the alfaview specified license plates, currently the brands alfaview® and alfatraining®. Any further use of the alfaview marks in a manner not permitted by these Terms of Use is prohibited. An application for alfaview services without an identification of the origin of the alfaview services is inadmissible. Use or registration of own trademarks in connection with the use of alfaview services is not permitted. Marketing and promotional materials of offers supported by alfaview services are to be marked with the words “supported by alfaview®” or “powered by alfaview®”.
  • The customer / participant assumes the obligation and / or responsibility in connection with the procurement, preparation and discontinuation of the hardware and software systems, which be used by the customer and / or the participants to use the alfaview services. The customer should instruct each participant accordingly before using the alfaview services and / or stop using the support center.
  • The customer and the respective participants must comply with the minimum technical requirements (“System Requirements”) with regard to the IT infrastructure (hardware / network / configuration / conflicting software). These can be viewed at any time here. The system requirement can be adjusted in the course of updates of the program statuses. Alfaview accepts no responsibility for compliance with the system requirements. If the system requirements are not met by a participant, malfunctions of the alfaview services may occur.
  • The customer is solely responsible for the selection of the participants, which he invites to the conferences.
  • The Customer / Participants are also solely and exclusively responsible for the contents discussed, shown or otherwise presented or exchanged in the conferences. The customer guarantees that he himself and the participants through the discussed in the conferences, shown or presented in any other way or exchanged content does not violate the statutory provisions on the protection of minors, personal rights or other rights of third parties and applicable law (eg criminal law and youth protection ) note. It also ensures that only true and not misleading information / statements.
  • In particular, the customer / participant undertakes not to use the alfaview services for legitimate purposes and especially for the following purposes or to induce or attempt other persons to use them for such purposes:
  • fraudulent or other illegal activity or the requirement to do so in violation of applicable law;
  • impairment or presumption of intellectual property such as copyrights, trademarks, property rights, licensing rights, or intellectual property rights;
  • use, store, share, host, copy, distribute, display, publish, transmit or post content that may be considered as insult, incitement, incitement to hate, defamation, discrimination, defamation, violation of privacy, harmful to others or could otherwise be considered offensive;
  • access to third-party computers or communication systems / networks, software applications without authorization of the entitled party including denial of service (DoS), unauthorized monitoring or crawling, distribution of malware (eg viruses, Trojans, ransomware, time bombs, spyware, adware or cancelbots )
  • distribution of unsolicited, unsolicited or offensive e-mails or other messages, advertising, advertisements or claims (“spam”);
  • altering, falsifying or obfuscating e-mail headings or accepting the identity of a sender without its express consent;
  • impairments of the safety equipment of alfaview;
10. The customer is obliged to inform all participants about this and to impose the same obligations on the participants.
11. alfaview reserves the right, but assumes no obligation, to monitor and investigate violations of this contract. Otherwise, alfaview does not carry out any checks on the contents of the conferences, even random samples. A listening to the conferences by alfaview (in the sense of an “invisible participant”) does not take place. alfaview will otherwise only join conferences for support purposes and only after prior agreement.

7. Defects

  • If the alfaview services, software or applications are defective, the customer is entitled to the warranty rights in accordance with §§ 536 ff. BGB (German Civil Code).
  • Insofar as alfaview insists on legal (rental) fault-free liability for damages (§ 536a BGB) for defects of alfaview services, software or applications existing at the time of conclusion of the contract, this shall be excluded.
  • In the case of defects of the other services to be performed by alfaview, the customer is entitled to the warranty rights in accordance with the statutory provisions.
  • Defects and faults must be reported to alfaview immediately.
  • Descriptions of the alfaview services, the software and the applications are not deemed to be a guarantee of quality unless otherwise expressly agreed in writing.
  • Interruptions or restrictions of availability due to especially (see section 3. (4)) maintenance, security or capacity issues as well as events that are not in the power of alfaview but in particular third parties, do not entitle to a reduction. They are timely, i. usually 5 days before their arrival, announced.
  • Functional impairments that result from non-compliance with the obligations of the customer or participant (see Section 6.), in particular the system requirements, IT infrastructure (hardware / network / configuration / conflicting software), user errors, incorrect settings or systems of customers / subscribers , do not represent a defect. The same applies to any other faults or faults that are caused by the customer / participant’s sphere, such as the use of alfaview services in connection with completely or partially incompatible hardware or software or the installation of software that conflicts with alfaview Services are available. The system requirements can be viewed at any time here.
  • A responsibility for the economic success of the alfaview achievements is not taken over by alfaview.
  • The customer is entitled to terminate the contract without notice in cases in which it is unreasonable for the customer to continue the contractual relationship until the end of the period of notice, taking the overall circumstances into account.

8. Liability

  • alfaview liable for itself or a vicarious agent only in case of gross negligence or intent, unless it is a violation of a material contractual obligation (“essential contractual obligations / cardinal obligations are such obligations whose fulfillment makes the proper execution of the contract in the first place and whose compliance the contracting party may regularly trust”). In the event of a slightly negligent breach of a cardinal obligation alfaview is liable for itself or a vicarious agent only for such typical damages that were foreseeable at the time the contract was concluded.
  • The above limitation of liability applies to contractual and non-contractual claims. Alfaview is fully liable for personal injury and warranted characteristics / express warranties.
  • Liability on the basis of the Product Liability Act and other mandatory statutory provisions remains unaffected.
  • The customer may not use the services offered by alfaview expressly in areas or areas where potential life, limb or health injuries, in particular personal injury or damage to health are conceivable, e.g. in particular in the medical field, in the field of aviation, aviation, for military purposes, etc. For such o.g. Areas, in particular in which potential injury to life, limb or health and in particular personal injury or damage to health are conceivable, the offered services of alfaview expressly not be used, so alfaview is not liable in particular for damages, if an application in this area has taken place.
  • alfaview is not responsible for the availability, performance and quality of data-carrying pipelines and systems that are beyond the control of alfaview. alfaview shall not be liable for any limitations on availability due to (in particular Section 3. (4)) maintenance, security or capacity issues and events not within the power of alfaview but, in particular, third parties (eg quality of access to the internet and traffic in the Internet). In particular, alfaview is also not liable if and insofar as the non-fulfillment of performance obligations is due to the occurrence of circumstances of force majeure after the conclusion of the contract. Force majeure situations include, for example, war, strikes, riots, expropriations, cardinal changes of law, storms, floods and other natural disasters, as well as alfaview defeats, power cuts and interruptions or the destruction of data-carrying lines.
  • alfaview is only liable for alfaview’s loss of customer or subscriber data or data on customer’s or subscriber’s systems through its own fault and only up to the amount that would normally be provided by the regular and regular backup of the data would have incurred.
  • alfaview does not assume any responsibility for the content created by the customer or participants. For alfaview there is no obligation to check the content for legality. alfaview does not endorse the contents of the conferences.
  • In particular, any breach of the duties acc. Section 6 constitutes a material breach within the meaning of this contract. alfaview is therefore entitled, in the case of infringements and any unlawful or improper use of the alfaview services and / or the software and / or applications, to take the following measures at its own discretion, in particular (but not exclusively):
  • statement of warnings;
  • Temporary or permanent termination of the provision of alfaview services to the customer;
  • asserting the costs of the breach, including the reasonable costs of prosecution;
  • initiate or take further legal action against the infringing customer and / or
  • Disclosure of information to law enforcement agencies in the reasonable discretion of alfaview.
In doing so alfaview accepts no liability for any action taken in response to the violation of these guidelines.
9. In addition, alvaview indemnifies alfaview from all third-party claims and damages arising from the unlawful or improper use of the alfaview services and / or the software and / or applications by the customer or with the customer’s approval or knowledge or arising in particular from data protection, copyright or other legal disputes related to the use of the alfaview services, software and / or applications. The exemption also covers the reasonable costs of legal action. This applies in particular to the case that the contents of the customer / participant contain legal violations.
10. If alfaview services are used on mobile devices, alfaview points out that no liability is assumed for neglecting security policies or measures or traffic rules.
11. Any liability of alfaview beyond the provisions set forth in Section 8 ** is excluded.
12. If alfaview is obliged by alfaview®’s use of open source software (OSS) to inform third parties about the license conditions applicable to embedded OSS components, all existing agreements between alfaview and the customer, including these provisions, shall remain in force unaffected. The OSS components used under alfaview® and their respective license terms are available online at Appendix 1 (OSS components) and Appendix 2 (license terms).

9. Privacy

  • alfaview uses the provided personal data (eg name, e-mail address), acc. Art. 6 I lit. b) GDPR for the purpose of implementing this contract.
  • alfaview’s handling of personal data collected by visiting the website / and / or using alfaview is governed by the privacy policy.
  • alfaview is not obligated to keep the services available on its own server, but can make use of the services of third parties. The services required to provide the service are hosted exclusively on servers within the EU. If a customer wishes to host outside the EU, this is possible by prior arrangement with alfaview.
  • In addition, a transfer, sale or other transfer of the personal data of the customer to third parties does not occur, unless:
  • this is necessary for the purpose of contract execution, settlement,
  • this is required for billing purposes or
  • The customer has previously consented.
5. alfaview may provide the Customer with information and / or messages by e-mail in connection with the use of alfaview services.
6. If the customer has given his consent to advertising, alfaview also uses the information about and about the processing of the services requested by the customer to provide the customer occasionally by post with interesting news and information about the company or goods on the basis of his data and alfaview services, which are aligned to his individual interests, and use his data for the necessary evaluation. For this purpose, it may be technically necessary for alfaview to summarize the resulting and specified data into usage profiles and to evaluate them for the aforementioned purposes. This is done internally and only for the aforementioned purposes. The Customer may revoke his consent to news@alfaview.com at any time. If the customer has not declared his consent or revokes it, the use of data according to the preceding paragraph does not take place. Of course he can use the services of alfaview.
7. If the customer has consented, alfaview can send the customer current information and interesting offers by newsletter. This consent to use the e-mail address for advertising purposes, the customer can withdraw at any time with future effect and unsubscribe from the newsletter by clicking the link “unsubscribe” at the bottom of the newsletter or an email with the subject “unsubscribe” to news@alfaview.com.
8. If the customer collects, processes or uses personal data, he guarantees that he is entitled to do so in accordance with the applicable provisions, in particular data protection provisions, and releases alfaview from claims of third parties in the event of a breach.

10. Confidentiality

  • The parties undertake to maintain strict confidentiality with regard to all confidential information they have learned in the course of the preparation, execution and performance of this contractual relationship, in particular business or trade secrets of the other party, neither to pass on nor to otherwise exploit them. In cases of doubt, the parties are obliged to obtain the consent of the other party prior to such disclosure.
  • This secrecy obligation does not apply to information that has been proven
  • were already known to the parties prior to receipt;
  • are communicated to the parties by a third party entitled to do so without breaching any obligation of confidentiality;
  • were known or generally available to the public at the time of their communication to the parties,
  • become known to the public or made generally accessible after being notified to the parties without fault;
  • be independently developed by the parties without the information provided, or,
  • the parties are obliged to notify authorities or courts of any compelling law; In this case, the parties will inform each other without delay of the required disclosure of information and will ensure that the other party has the opportunity to limit the scope of such information to the minimum necessary and otherwise work to the greatest possible preservation of the interests of secrecy.
3. Press releases and all other publications of the parties to cooperate in accordance with these Terms of Use, as well as in connection with the alfaview services, require the prior written consent of the other party.

11. Remuneration, billing and due date

  • The 30-day trial is free.
  • Otherwise, alfaview receives the remuneration agreed in the order form in return for the booked alfaview services from the customer.
  • All prices are net, i. excluding any applicable VAT.
  • In particular, all remunerations under this Agreement shall not include any taxes, duties, customs duties or other government fees of any kind, including, but not limited to, any sales, sales, utility or detention tax payable by any local, state, regional, Federal or foreign authority.
  • Payments are due upon delivery of the contract software to the customer or access to services and notification of the access data to the customer and payable within 14 days from the date of invoicing.
  • The default interest is eight percent above the current base interest rate. Alfaview can refuse service until payment is made.

12. Term of contract and termination

  • If Customer has booked the free 30-day trial, the trial will automatically end 30 days after initial access to the Services. There is no automatic runtime extension.
  • The contract period results from the order form. The contractual relationship is extended by one year if the contract is not terminated with a period of one month before the end of the respective contract period. For a contract period of one month, the contract is extended by one month, if the contract is not terminated until the last day of the respective contract period.
  • The termination right for important reason (§ 314 BGB) remains unaffected. A temporary interruption of use of the alfaview services does not constitute an extraordinary cause for termination.
  • The termination requires the written form to be effective (as a scan by mail is sufficient).

13. Final provisions

  • Should individual provisions of this contract be or become ineffective or unenforceable, this shall in principle not affect the validity of the remaining provisions. The contracting parties will endeavor to find, in lieu of the invalid provision, one which most closely meets the contractual purpose in legal and economic terms.
  • An offsetting is only against uncontested or legally established claims of the licensor.
  • Verbal agreements require the text form (§ 126b BGB) for their effectiveness, unless a more stringent form is prescribed by law. This also applies to changes and additions to the contract. This also applies to the amendment or cancellation of this clause.
  • These Terms of Use and the other terms contained herein contain all agreements between the parties with respect to the subject matter of this contract. Any previous agreements herewith become irrelevant. Any general terms and conditions or terms and conditions of purchase of the customer are not part of the contract, even if alfaview does not expressly contradict them in individual cases.
  • The contractual relationship is governed exclusively by German law, excluding conflict of laws and UN sales law.
  • Exclusive place of jurisdiction for all claims arising from or in connection with this contractual relationship is Karlsruhe.
  • alfaview is entitled to change these terms and conditions on the condition that they inform the customer and the customer expressly agrees.
  • In addition, alfaview has the right unilaterally to adjust the terms of use if a change in market conditions, certain statutory provisions or a high court case law makes an adjustment to the terms of use necessary. An adjustment shall only be made to the extent that the unforeseeable events listed in sentence 1 of this paragraph necessitate an adjustment. alfaview is only entitled to change these terms and conditions on the condition that it notifies the customer at least six weeks before the change takes effect. The customer may object to the change with four weeks’ notice after receipt of the notification, otherwise the change is considered approved. Alfaview has to point this out explicitly in the communication.
As at November 2018