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General Terms and Conditions

For consumers within the meaning of Section 13 German Civil Code (§ 13 BGB)
For business customers within the meaning of Section 14 German Civil Code (§ 14 BGB)

The German version of these Terms and Conditions is binding.
The English translation is for information purposes only.

General Terms and Conditions
concerning use of the alfaview services

between


alfaview gmbh, Kriegsstr. 100, 76133 Karlsruhe,
Germany, represented by Niko Fostiropoulos
(‘alfaview’)

and

the consumer
(the ‘Consumer’),

1. Scope

1. For this order between alfaview and the Consumer, the following General Terms and Conditions shall apply in the version applicable at the time of conclusion of the Agreement. Deviating General Terms and Conditions of the Consumer shall only be acknowledged if alfaview expressly agrees to their validity in writing.

2. The services of alfaview are exclusively directed at Consumers in the sense of § 13 BGB (German Civil Code), i.e. natural persons who do not conclude this Agreement for purposes that can be predominantly attributed to their commercial or self-employed professional activities (‘Consumer’).

3. Entrepreneurs and self-employed persons according to § 14 BGB (‘Entrepreneur’) may only use the services for test purposes within the scope of a test license. Entrepreneurs are not permitted to use alfaview Free for commercial purposes. For a commercial use/implementation in business operations that goes beyond test purposes, the Entrepreneur has access to other alfaview plans.

2. Conclusion of agreement

1. The Consumer is bound to his order for two weeks. The period begins with the receipt of the order by alfaview. The customer service and members of the alfaview sales team have the power of agency to receive the order.

2. The Agreement for the use of alfaview services is concluded when alfaview confirms acceptance of the Consumer’s order in text form, in the form of an order confirmation, within the period specified in paragraph 1 or provides the Consumer with access data for the use of alfaview services. In the latter case, the user may additionally request alfaview to provide an order confirmation.

3. The General Terms and Conditions also apply to agreements concluded online via the alfaview website. The presentation of the services on the alfaview website as well as the provision of the software for download and the download of the software itself do not constitute legally binding declarations in this case. The agreement shall only be concluded upon the Consumer’s consent to the applicability of these General Terms and Conditions as part of his registration or after completion of his registration during his initial login with the access data provided by alfaview. The agreement with a conference participant invited by the Consumer as a guest is concluded with the guest’s confirmation of the General Terms and Conditions upon joining the alfaview room. alfaview will provide the customer with its individual contractual data upon request. The latest version of the General Terms and Conditions is also available on the alfaview website and can be printed out. Agreements via the alfaview website are concluded in the German language.

3. Subject

1. alfaview Free is a conference solution that enables online meetings to be held free of charge via live video transmission. Consumers in alfaview crooms can be connected and transmitted via video and audio (‘alfaview room’). Subject of this Agreement is thus the provision of a virtual room, the underlying software (‘software’) and the applications (‘application’) offered by alfaview for download and installation (together or individually also referred to as ‘alfaview services’) for an indefinite period of time and free of charge, limited to non-commercial use. The software enables audio and video transmission as well as the transmission of documents and other screen contents by several participants and thus the organisation and execution of virtual conferences.

2. The use of alfaview Free allows a maximum room size of 50 participants. The Consumer can only have one room at their disposal. The Consumer can invite participants to the alfaview room via a link (‘guest link’). The alfaview room can be booked on the alfaview website. After booking the alfaview room, an invitation link will be generated. The use of a guest link does not enable or permit the use of a separate alfaview room, but only permits participation in the conference to which the guest has been invited.

3. alfaview points out that after 24 hours of uninterrupted use of access the connection will be terminated for technical reasons. Immediate reconnection is possible.

4. Obligations of alfaview

1. alfaview will provide the Consumer with access data to the alfaview room booked by the Consumer, which will allow the Consumer to enter the alfaview room. If necessary, alfaview will also provide the Consumer with an application for download and installation on the Consumer’s system. In order to participate, the software is downloaded via the download section of the alfaview website. For more information, please refer to the Support Center.

2. alfaview operates the software on servers and makes it available to the Consumer as a managed platform for the provision of alfaview services. alfaview is not obliged to provide the software on a server of its own.

3. alfaview reserves the right to update, expand, improve or modify the respective program versions of both the server software and the applications at its own discretion. The latest version of the application is provided in the download section of the alfaview website. It is the responsibility of the respective participant to install the latest version of the application. alfaview, however, is expressly not subject to any obligation to update, expand, improve or modify the application.

4. In particular, the provision of alfaview Free does not include software maintenance. This shall also apply to supplying updates.

5. alfaview reserves the right to change or suspend the provision of alfaview Free at any time and without prior notice. This means that the Consumer has no claim to the availability of the free services. In particular, the Consumer does not at any time have a binding claim to the free use of the alfaview room.

6. Descriptions of alfaview services, software and applications shall not be deemed to be a guarantee of quality.

5. Obligation of the Consumers

1. The alfaview services are intended for communication and the exchange of information between participants. Excluded from the intended use is the use in hazardous situations in which injury to life, limb or health of persons may occur, such as during surgeries in the medical field, for controlling airplanes, for military purposes, etc. The alfaview services may expressly not be used in such situations. alfaview is therefore not liable for any damage resulting from such use. Conversations with alfaview in the above-mentioned areas that are of a purely communicative or advisory nature, as well as use for meetings, conferences and events, are explicitly permitted.

2. The Consumer grants alfaview a simple right of use for the content of the conference, insofar as this is necessary for the proper provision of alfaview services, for example, with regard to the transmission and encryption of audio and video content as well as the transcription of audio data. By activating the transcription feature, the Consumer consents to the transcription of the spoken word and at the same time confirms that he/she has ensured that all participants of a conference have given their consent in this regard prior to activating the feature and that he/she is authorized to grant alfaview all rights necessary for the performance of the Agreement (in particular the right to reproduce and edit and, if applicable, the right to make publicly available and reproduce, provided that the participants are not personally associated with each other) to the transcribed content free of charge. Previously anonymized speech snippets with a duration of 30 seconds and the corresponding transcription are furthermore permanently used by the subcontractor EML Speech Technology GmbH in order to permanently and continuously improve the speech models and the quality of the transcription in the interest of the Consumer. The Consumer assures that the transcription of the spoken content to the extent described and for the purposes described above does not violate any rights of third parties, in particular other participants.

3. The Consumer undertakes to take appropriate precautions to prevent unauthorized access by third parties to the software and the applications in its 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.

4. The Consumer undertakes to use alfaview services exclusively under the mark specified by alfaview at the time, currently the alfaview® trademark. Any further use of alfaview trademarks in a manner not permitted by these General Terms and Conditions is prohibited.

5. The Consumer must comply with the minimum technical requirements (‘system requirements’) regarding IT infrastructure (hardware/network/configuration/conflicting software). These can be viewed at any time under System requirements in the Support Center. The system requirements can be adjusted with updates of the program versions. alfaview accepts no responsibility for compliance with the system requirements. If the system requirements are not met by the Consumer, the alfaview services may be impaired.

6. In addition, the Consumer is also solely and fully legally responsible for the content discussed, shown or otherwise presented or exchanged in the conferences. The Consumer guarantees that he or she 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) with the content discussed, shown or otherwise presented or exchanged in the conference. The Consumer also guarantees to provide only true and non-misleading information/statements.

7. In particular, the Consumer 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:

  • a. Fraudulent or other illegal activities or requests to do so violating applicable law;
  • b. Impairment or presumption of intellectual property such as copyrights, trademarks, property rights, licensing rights or intellectual property rights to legitimate content;
  • c. 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;
  • d. Access to third-party computers or communication systems/networks, software applications without permission of the authorized person including Denial of Service (DoS), unauthorised monitoring or crawling, distribution of malware (e.g. viruses, trojans, ransomware, time bombs, spyware, adware or cancelbots)
  • e. Dissemination of undesired, unsolicited or offensive emails or other messages, promotional activities, advertisements or claims (also known as ‘spam’);
  • f. modification, falsification or concealment of email headings or the assumption of the identity of a sender without its express consent;
  • g. Impairment of alfaview safety measures

8. alfaview reserves the right but does not assume any obligation to monitor and examine breaches of the present agreement. Otherwise, alfaview does not carry out any checks on the content of the conferences, not even random checks; this also applies to the transcribed contents. There is no monitoring of conferences by alfaview (e.g. in the sense of an invisible participant). alfaview otherwise joins conferences only after prior consultation.

9. Any breach of the obligations described in this Clause 5 (Obligations of the Consumers) by the Consumer constitutes a material breach within the meaning of this Agreement. In the event of breaches and any unlawful or improper use of alfaview services, alfaview is therefore entitled to take the following measures in particular (but not exclusively) at its own discretion:

  • a. Issue of warnings;
  • b. Temporary or permanent termination of the provision of alfaview services to the Consumer;
  • c. Assertion of the costs arising from the breach, including reasonable costs of legal proceedings;
  • d. Initiating or taking further legal action against the infringing Consumer; and/or
  • e. 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.

6. Rights of use

1. alfaview grants the Consumer a license to use alfaview services according to Clause 3, Subitem 1 to the extent necessary to use the services he/she has made use of under Clause 3. In particular, the Consumer is entitled to download, save and install the application.

2. alfaview points out that third-party software is used to provide the services.

3. The license to alfaview services is granted in the form of a non-exclusive, non-transferable, non-sublicensable, revocable and terminable license, limited to an indefinite period of time and to the Consumer personally. The Consumer is expressly not granted rights of use in a scope beyond this, for example, to the software, to applications or a code, in particular the software’s source code or that of the applications or to the operating systems of the servers. This does not apply to included open source software or other third-party components. With respect to these program parts, the Consumer is only entitled to a non-exclusive right of use that entitles them to the intended use.

4. The Consumer is entitled, at his/her own discretion, to invite participants to the conferences he/she has booked according to the size of the alfaview room he/she has selected. Invited participants must agree to the alfaview General Terms and Conditions. alfaview is not obliged to grant invited participants access to the conferences. After agreeing to the General Terms and Conditions, the invited participants will receive an access code limited to the conference. The Consumer can choose how long the access code is valid.

5. Furthermore, in using the software or the applications or parts thereof, the Consumer is not entitled

  • a. to store or duplicate them beyond the purpose of the contract,
  • b. to sell or provide them to third parties for a limited time, in particular not to rent or lease them,
  • c. to modify or expand them,
  • d. to analyze or disassemble them or to have them analyzed or disassembled, and/or
  • e. to use them as the basis for creating other works or to copy their features.

7. Liability

1. alfaview is only liable for itself or a vicarious agent in the event of gross negligence or intent and injury to life, body or health. Furthermore, alfaview shall be liable in case of a material contractual obligation (material contractual obligations are such obligations whose fulfilment is essential for the proper execution of the Agreement and on whose compliance the contractual partner may regularly rely). In the event of a slightly negligent breach of a material contractual obligation, alfaview shall only be liable for itself or a vicarious agent for such typical damages that were foreseeable at the time of conclusion of the Agreement. This limitation of liability applies to contractual and non-contractual claims.

2. This does not affect liability arising from product liability law and other mandatory statutory regulations.

3. alfaview shall only be liable for a loss of the Consumer’s data or of data on the Consumer’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.

4. alfaview does not assume any responsibility for the content created by the Consumer. There is no obligation for alfaview to check the legality of the content. alfaview does not appropriate the content of the conferences. Furthermore, alfaview also assumes no responsibility for the correctness, accuracy or a certain quality of the machine-generated transcriptions and translations (especially since this also depends on influencing factors outside of alfaview’s sphere of responsibility, such as the speed of speech, dialects or expressions of the participants etc.).

5. In addition, the Consumer 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 Consumer, or which are based in particular on data protection law, copyright law 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 shall in particular entail the case of the Consumer’s content containing legal infringements.

6. If alfaview services are used on mobile appliances, alfaview points out that no liability is assumed in the event that safety directives or measures or traffic rules are neglected.

7. If and to the extent that alfaview is obliged to inform third parties of the license conditions applicable to integrated open source software (OSS) components through the use of OSS within the framework of alfaview, all agreements between alfaview and the Consumer including these provisions shall remain unaffected. The OSS components used in the context of alfaview as well as the applicable license conditions are available online.

8. Data protection

1. alfaview uses the personal data provided (e.g. name, email address) according to Art. 6 I lit. b GDPR in order to implement this Agreement.

2. The privacy policy applies to alfaview’s handling of personal data collected upon visiting the website and/or using alfaview. When using the alfaview conference solution, alfaview processes personal data within the scope of Data Processing in line with Art. 28 GDPR in accordance with the Data Processing Agreement in accordance with Art. 28 GDPR which becomes an integral part of the Agreement as an annex to these Terms and Conditions.

3. alfaview is not obliged to provide the services on a server of its own, but it can make use of third parties’ services for this purpose. The services necessary for the providing the services are hosted exclusively on servers within the EU.

4. Other than this, the Consumer’s personal data will not be disclosed, sold or otherwise transmitted to third parties, unless:

5. this is required for the purposes of implementing and processing the Agreement;

6. this is necessary for billing purposes; or 7. the Consumer has given his prior consent.

8. In connection with the use of the alfaview services, alfaview may send the Consumer information and/or messages by email. This right does not include the transmission of advertising by alfaview to the Consumer.

9. If the Consumer has given his/her consent to receiving advertising, alfaview also uses the information about this beyond the handling of the services requested by the Consumer in order to occasionally send the Consumer interesting news and information by post about the company or alfaview’s goods and services offering, based on the Consumer’s data, that reflect the Consumer’s individual interests, and use the Consumer’s data to perform the necessary evaluations. For this purpose, it may be technically necessary for alfaview to summarize the data collected and provided in user profiles and to evaluate it for the aforementioned purposes. This is only carried out internally and only for the purposes described above. The Consumer can revoke his or her consent to this at any time to news@alfaview.com. If the Consumer has not declared consent or revokes it, use of data according to the previous subsection shall not take place. However, the Consumer can of course use alfaview services.

10. If the Consumer has given their consent, alfaview can send the Consumer current information and interesting offers by newsletter. The Consumer 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.

9. Mandatory information for Consumers

1. alfaview grants the user, who is a Consumer, a right of revocation in accordance with the following revocation instruction.

a. Revocation instruction

i. You have the right to revoke this Agreement within fourteen days without providing reasons.

ii. The revocation period is fourteen days from the date of conclusion of the Agreement. In order to exercise your right of revocation, you must notify us (alfaview gmbh, Kriegsstr. 100, 76133 Karlsruhe, Germany, Telephone: +49 721 35450-450, Fax: +49 721 35450-69, Email: info@alfaview.com by means of a clear statement (e.g. a letter sent by post, fax or email) about your decision to revoke this contract.

iii. In order to comply with the revocation period, it is sufficient to send the notification on exercising your right of revocation before the end of the revocation period.

iv. If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than 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 reimbursement as you used for the original transaction, unless expressly agreed otherwise with you, and in no event will you be charged for this refund. End of the revocation instruction.

b. Sample revocation form (If you wish to revoke the Agreement, please fill in and return this form.)
To alfaview gmbh, Kriegsstr. 100, 76133 Karlsruhe, Germany, Fax: +49 721 35450-69, Email: info@alfaview.com
I/we hereby revoke the Agreement concluded by me/us 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 inform you as a Consumer about the Online Dispute Resolution platform (ODR platform) of the European Commission. This ODR platform can be accessed via the following link. However, we do not take part in dispute resolution proceedings before a consumer arbitration board.

10. Final provisions

1. Should individual provisions of the Agreement be or become ineffective or unenforceable, this shall not affect the validity of the remaining provisions. The Parties to this Agreement will endeavour to find a provision in place of the invalid provision which is legally and economically most appropriate to the purpose of the Agreement.

2. These General Terms and Conditions and the other provisions mentioned therein contain all agreements between the Parties with regard to the subject matter of this contractual relationship. Any previous agreements are hereby rendered invalid.

3. The contractual relationship shall exclusively be governed by German law, excluding the conflict of laws and the UN Convention on Contracts for the International Sale of Goods.

4. alfaview further has the right to subsequently amend the General Terms and Conditions unilaterally if a change in market conditions, certain statutory requirements or a Supreme Court decision necessitates an adjustment to the General Terms and Conditions. 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 General Terms and Conditions on the condition that it notifies the Consumer of this no later than six weeks prior to the change taking effect. The Consumer may object to the change within a period of six weeks from receipt of the notification; otherwise, the change is deemed to be approved. alfaview shall make express reference hereto in the notification.

5. The following annexes are part of the Agreement: Data Processing Agreement according to Art. 28 GDPR.

As of 25.07.2024

General Terms and Conditions
concerning the use of the alfaview
services

between


alfaview gmbh, Kriegsstr. 100, 76133 Karlsruhe, Germany
represented by Niko Fostiropoulos
(“alfaview”)

and

the customer
(the “Customer”).

1. Scope

1. For this order between alfaview and the Customer, the following General Terms and Conditions shall apply exclusively in the version applicable at the time of conclusion of the Agreement. Deviating General Terms and Conditions of the Customer shall only be acknowledged if alfaview expressly agrees to their validity in writing.

2. alfaview services are intended exclusively for Customers who are entrepreneurs within the meaning of § 14 BGB (German Civil Code), public-law entities or public-law funds.

2. Conclusion of agreement

1. The Customer is bound to his order, which he can also place in text form, for two weeks. The period begins with the receipt of the order by alfaview. The customer service and members of the alfaview sales team have the power of agency to receive the order.

2. The Agreement for the use of alfaview services is concluded when alfaview confirms acceptance of the Customer’s order in text form, in the form of an order confirmation, within the period specified in paragraph 1 or provides the Customer with access data for the use of alfaview services. In the latter case, the user may additionally request alfaview to provide an order confirmation.

3. The General Terms and Conditions also apply to Agreements concluded online via the alfaview website. The presentation of the services on the alfaview website as well as the provision of the software for download and the download of the software itself do not constitute legally binding declarations in this case. The Agreement shall only be concluded upon the Customer’s consent to the applicability of these General Terms and Conditions as part of his registration or after completion of his registration during his initial login with the access data provided by alfaview. The Agreement with a participant invited by the Customer as a guest is concluded with the guest’s confirmation of the General Terms and Conditions upon joining the alfaview room. alfaview will provide the Customer with its individual contractual data upon request. The latest version of the General Terms and Conditions is also available on the alfaview website and can be printed out. Agreements via the alfaview website are concluded in the German language.

4. If the Customer has made (advance) payments to alfaview and the Agreement is not concluded, alfaview shall reimburse these (advance) payments to the Customer immediately.

3. Subject

1. With alfaview, alfaview provides a conference solution that enables online meetings to be held via live video transmission. Users in the alfaview rooms can be connected and transmitted by video and audio.

2. The alfaview services are intended for communication and the exchange of information between participants. Excluded from the intended use is the use in hazardous situations in which injury to life, limb or health of persons may occur, such as during surgeries in the medical field, for controlling airplanes, for military purposes, etc. The alfaview services may expressly not be used in such situations. alfaview is therefore not liable for any damage resulting from such use. Conversations with alfaview in the above-mentioned areas that are of a purely communicative or advisory nature, as well as use for meetings, conferences and events, are explicitly permitted.

3. The subject of this Agreement is therefore the provision of virtual rooms (“alfaview rooms“), the underlying software (“software“) and the applications (“application“) offered by alfaview for download and installation (together or individually also referred to as the “alfaview services“), paid and free of charge (30-day test version) for the term of the Agreement.

4. The software enables audio and video transmission as well as the transmission of documents and other screen contents by several participants and thus the organisation and execution of virtual conferences, whereas one or more virtual alfaview rooms can be booked and conferences (as well as the “participants”) can be organized per alfaview room. The selection of the participants is exclusively the Customer’s responsibility.

5. alfaview points out that after 24 hours of uninterrupted use of access the connection will be terminated for technical reasons. Immediate reconnection is possible.

6. The specific scope of the alfaview services results from the order form.

4. Obligations of alfaview

1. alfaview will provide the Customer with access data to the alfaview room booked by the Customer, with which the Customer can make use of the alfaview rooms.

2. If necessary, alfaview shall also provide the Customer with

  • a. an application for download and installation on the Customer’s system as well as
  • b. an application for download and installation on participant’s systems

enabling the access to the alfaview rooms. The application for the use by the participants of alfaview can also be offered directly for download by the participant. In order to participate, the software can be downloaded from the download section of the alfaview website; further information is available in the Support Center.

The acceptance of the respective General Terms and Conditions for the application is a precondition for downloading and use of the application in question.

3. alfaview operates the software on servers and makes it available to the Customer as a managed platform for the provision of alfaview services. alfaview is not obliged to provide the software on a server of its own.

4. In the past, the availability of alfaview services was usually 99.9 %. However, although alfaview always endeavors to keep the services available at all times, no guarantee can be given in this respect. The obligation to provide the service has therefore been fulfilled if use is available to the Customer with an annual average of 98 %. In addition, in particular maintenance, security or capacity issues and incidents not in alfaview’s sphere of influence (e.g. disturbances in public communication networks, blackouts, etc.) may lead to short-term disturbances or temporary cessation of the services, for which alfaview is not liable. This shall in particular apply to services purchased from third parties. Furthermore, the quality of the access to the Internet and of data traffic on the Internet depends on downstream data lines, over which alfaview has no influence and therefore also cannot assume any warranty. In particular, alfaview shall not be liable in the event of disturbances of the quality of the access to the Internet and of data traffic on the Internet as a result of force majeure and incidents for which alfaview is not responsible and which make the services of alfaview considerably more difficult or impossible to access.

5. alfaview reserves the right to update, expand, improve or modify the respective program versions of both the server software and the applications at its own discretion. The latest version of the application is provided in the download section of the alfaview website. It is the responsibility of the respective participant to install the latest version of the application. alfaview, however, is expressly not subject to any obligation to update, expand, improve or modify the application.

6. Any further services, for example, development, support, installation, set-up, consultancy, adaptation and/or coaching services as well as production and provision of individual programming or of additional programs, which alfaview can provide in connection with the alfaview services, shall require a separate Agreement between the parties in text form and are not the subject matter of the present Agreement.

5. Rights of use

1. alfaview grants the Customer a license for use in accordance with Clause 5, Subitem 3 of the alfaview services to the extent necessary to use the services used by the Customer under Clause 3. In particular, the Customer is entitled to download, save and install the application.

2. alfaview points out that third-party software is used to provide the services.

3. The license for the alfaview services is granted in the form of a non-exclusive license limited to the term of the Agreement agreed upon according to Clause 3 and to the Customer; the license is non-transferable, sublicensable exclusively pursuant to Clause 5, Subitem 4, revocable and terminable. The Customer is expressly not granted rights of use in a scope and beyond this, for example, to the software, to applications or a code, in particular the software’s source code or that of the applications or to the operating systems of the servers. This does not apply to included open source software or other third-party components. With respect to these program parts, Customers are only entitled to a non-exclusive right of use that entitles them to their intended use.

4. The Customer is entitled, at its own discretion, to invite participants to the conferences he/she has booked according to the size of the alfaview room it has selected. The Customer undertakes to ensure that all participants use the conferences and thus the software and the applications exclusively according to the provisions of these General Terms and Conditions. In addition, the Customer is not entitled to grant sublicenses.

5. Further, the Customer is not entitled to save or reproduce the software or

  • a) to store or reproduce parts thereof (unless Clause 5, Subitems 1-4 expressly permits this),
  • b) to sell or provide them to third parties for a limited time, in particular not to rent or lease them,
  • c) to modify or expand them,
  • d) to analyze or disassemble them or to have them analyzed or disassembled, and/or
  • e) to use them as the basis for creating other works or to copy their features.

6. Characteristics of the trial version

1. The free-of-charge 30-day test version is an evaluation license, which may exclusively be used for test and demonstration purposes. Any productive use thereof is forbidden. The right of use is granted for a limited duration of 30 days, starting with access to services. The right of use expires at the end of this period without the need for a termination.

2. In particular, within the scope of the evaluation license there is no software maintenance. This shall also apply to supplying updates. The service is provided ‘as seen’.

3. At no time shall the Customer receive a claim for use of the trial version.

4. alfaview reserves the right to amend or cease the trial version at any time and without prior notice. The Customer shall have no claim to availability of the services.

5. Apart from this, all the other provisions shall apply. In particular, the “Obligations of Customers and participants”, Clause 7, apply.


7. Obligations of Customers and Participants

1. The alfaview services are intended for communication and the exchange of information between participants. Excluded from the intended use is the use in hazardous situations in which injury to life, limb or health of persons may occur, such as during surgeries in the medical field, for controlling airplanes, for military purposes, etc. The alfaview services may expressly not be used in such situations. alfaview is therefore not liable for any damage resulting from such use. Conversations with alfaview in the above-mentioned areas that are of a purely communicative or advisory nature, as well as use for meetings, conferences and events, are explicitly permitted.

2. The Customer/participant grants alfaview a simple right of use for the content of the conference, insofar as this is necessary for the proper provision of alfaview services, for example, with regard to the transmission and encryption of audio and video content as well as the transcription of audio data. The Customer shall ensure that the participants similarly grant alfaview a non-exclusive license. By activating the transcription feature, the Customer consents to the transcription of the spoken word and at the same time confirms that he/she has ensured that all participants of a conference have given their consent in this regard prior to activating the feature and that he/she is authorized to grant alfaview all rights necessary for the performance of the Agreement (in particular the right to reproduce and edit and, if applicable, the right to make publicly available and reproduce, provided that the participants are not personally associated with each other) to the transcribed content free of charge. Previously anonymized speech snippets with a duration of 30 seconds and the corresponding transcription are furthermore permanently used by the subcontractor EML Speech Technology GmbH in order to permanently and continuously improve the speech models and the quality of the transcription in the interest of the Customer. The Customer assures that the transcription of the spoken content to the extent described and for the purposes described above does not violate any rights of third parties, in particular other participants.

3. The Customer/participant undertakes to take appropriate precautions to prevent unauthorized access by third parties to the software and the applications in his/her 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.

4. The Customer/participant undertakes to use the alfaview services exclusively under the mark specified by alfaview at the time, currently the alfaview and alfatraining trademarks. Any further use of alfaview’s trademarks in a manner not permitted by these General Terms and Conditions is prohibited. Advertising of alfaview services without marks referring to 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 advertising materials of offers supported by alfaview services shall be accompanied by the phrase ‘supported by alfaview’ or ‘powered by alfaview’.

5. The Customer/participant takes on the obligation and/or responsibility in connection with the procurement, preparation and adjustment of the hardware and software systems used by the Customer and/or the participants for use of the alfaview services. Before using alfaview services, the Customer should instruct every participant and/or urge them to make use of the Support Center.

6. The Customer and the participant in question must comply with the technical minimum requirements (‘System requirements’) with regard to IT infrastructure (hardware/network/configuration/conflicting software). These can be viewed at any time under System requirements in the Support Center. The system requirements can be adjusted with updates of the program versions. alfaview accepts no responsibility for compliance with the system requirements. If the system requirements are not met by a participant, the alfaview services may be impaired.

7. The Customer is solely responsible for the selection of the participants it invites to the conferences.

8. In addition, the Customer/participants are solely and fully legally responsible for the content discussed, shown or otherwise presented or exchanged in the conferences. The Customer guarantees that the content discussed, shown or otherwise presented or exchanged by itself or the participants 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.

9. In particular, the Customer/participants undertake(s) 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:

  • a) fraudulent or other illegal activities or requests to do so that violate applicable law;
  • b) Impairment or presumption of intellectual property such as copyrights, trademarks, property rights, licensing rights or intellectual property rights to legitimate content;
  • c) 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;
  • d) 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)
  • e) dissemination of undesired, unsolicited or offensive emails or other messages, promotional activities, advertisements or claims (also known as ‘spam’);
  • f) modification, falsification or concealment of email headings or the assumption of the identity of a sender without its express consent;
  • g) impairment of alfaview safety measure;

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 does not assume any obligation to monitor and examine breaches of the present Agreement. Otherwise, alfaview does not carry out any checks on the content of the conferences, not even random checks; this also applies to transcribed contents. There is no monitoring of conferences by alfaview (e.g. in the sense of an “invisible participant”). alfaview otherwise joins conferences only for support purposes and only after prior consultation.

8. Defects

1. If the alfaview services, software or applications are defective, the Customer is entitled to the warranty rights in accordance with section 536 et seqq. German Civil Code (BGB).

2. Insofar as there is a statutory (rental law) no-fault liability for damages (section 536a BGB) on the part of alfaview for defects in alfaview services, software or applications existing at the time of conclusion of the contract, such liability is excluded.

3. In the event of defectiveness of the other services to be provided by alfaview, the Customer shall be entitled to warranty rights pursuant to the statutory provisions.

4. Defects and disturbances shall be reported to alfaview without delay.

5. Descriptions of alfaview services, the software and the applications shall not be deemed a guarantee of properties if this has not expressly been agreed separately in writing.

6. Interruptions or restrictions of availability, in particular (see above Clause 4 Subitem 4) due to maintenance, security or capacity issues or incidents, that are not in alfaview’s, but in particular third parties’ sphere of control, shall not entitle the Customer to a reduction of the price. Such interruptions or restrictions shall be announced in good time, i.e. as a rule, five days before they occur.

7. Functional impairments resulting from non-compliance with the obligations of customers or participants (see section 7 above), in particular the system requirements, IT infrastructure (hardware/network/configuration/colliding software), user errors, faulty settings or systems of Customers/participants do not constitute a defect. The same shall apply to all further service disruptions or errors caused in the Customer’s/participants’ sphere, for example, use of alfaview services in connection with entirely or partly incompatible hardware or software or installation of software in conflict with the alfaview services. These can be viewed at any time under System requirements in the Support Center.

8. Responsibility for the commercial success of alfaview services is not assumed by alfaview.

9. The Customer is entitled to a right of termination without notice in cases where the continuation of the contractual relationship until the expiry of the period of notice cannot be reasonably expected, taking the overall circumstances into account.

9. Liability

(1) alfaview is only liable for itself or a vicarious agent in the event of gross negligence or willful intent, insofar as it is a violation of a material contractual obligation (‘material contractual obligations/cardinal obligations are such obligations whose fulfilment enables the proper execution of the Agreement in the first place and the contracting party can generally trust’). In the case of a slightly negligent breach of a material contractual obligation, alfaview is liable for itself or a vicarious agent only for such typical damages as were foreseeable at the time the Agreement was concluded.

(2) This limitation of liability applies to contractual and non-contractual claims. alfaview shall be liable without limitation for personal damage and assured properties/express guarantees.

(3) This does not affect liability arising from product liability law and other mandatory statutory regulations.

(4) The alfaview services are intended for communication and the exchange of information between participants. Excluded from the intended use is the use in hazardous situations in which injury to life, limb or health of persons may occur, such as during surgeries in the medical field, for controlling airplanes, for military purposes, etc. The alfaview services may expressly not be used in such situations. alfaview is therefore not liable for any damage resulting from such use. Conversations with alfaview in the above-mentioned areas that are of a purely communicative or advisory nature, as well as use for meetings, conferences and events, are explicitly permitted.

(5) alfaview shall not be liable for availability, capacity and quality of data-bearing lines and systems which are outside alfaview’s control. alfaview shall not be liable for restrictions in availability in particular (see Clause 4, Subitem 4) due to maintenance, security or capacity issues and incidents not in alfaview’s, but in particular third parties’ sphere of control (e.g. quality of the access to the Internet and of the data traffic on the Internet). In particular, alfaview shall also not be liable if and insofar as non-performance of service obligations is to be ascribed to the occurrence of circumstances of force majeure following conclusion of the contract. Circumstances of force majeure include, for example, war, strikes, unrest, expropriations, cardinal changes of law, storm, floods and other natural disasters as well as the ingress of water, blackouts and interruptions for which alfaview is not responsible.

(6) alfaview shall only be liable for a loss of the Customer’s or participants’ data or of data on the Customer’s or participants’ 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.

(7) alfaview does not assume any responsibility for the content created by the Customer or participants. There is no obligation for alfaview to check the legality of the content. alfaview does not appropriate the content of the conferences. Furthermore, alfaview also assumes no responsibility for the correctness, accuracy or a certain quality of the machine-generated transcriptions and translations (especially since this also depends on influencing factors outside of alfaview’s sphere of responsibility, such as the speed of speech, dialects or expressions of the participants etc.).

(8) In particular, any breach of the obligations under Clause 7 shall constitute a material breach within the meaning of this Agreement. 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 and/or software and/or applications:

  • a) issue of warnings;
  • b) temporary or permanent termination of the provision of alfaview services for the Customer;
  • c) assertion of the costs arising from the infringement, including reasonable costs of legal proceedings;
  • d) initiating or taking further legal action against the infringing Customer; and/or
  • e) 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.

9. In addition, the Customer 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 Customer or with the Customer’s knowledge or consent or which are based in particular on data protection law, copyright law 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 shall in particular entail the case of the Customer’s/participants’ content containing legal infringements.

10. If alfaview services are used on mobile appliances, alfaview points out the fact that no liability is assumed in the event that safety directives or measures or traffic rules are neglected.

11. Any liability on the part of alfaview beyond the provisions set out in Clause 9 is excluded.

12. If and to the extent that alfaview is obliged to inform third parties of the license conditions applicable to integrated open source software (OSS) components through the use of OSS within the framework of alfaview, all Agreements between alfaview and the Customer including these provisions shall remain unaffected.

The OSS components used in the context of alfaview as well as the applicable license conditions are available online.

10. Data protection

1. alfaview uses the personal data provided (e.g. name, email address) according to Art. 6 I lit. b GDPR in order to implement this Agreement.

2. The privacy policy applies to alfaview’s handling of personal data collected upon visiting the website and/or using alfaview. When using the alfaview conference solution, alfaview processes personal data within the scope of Data Processing in line with Art. 28 GDPR in accordance with the Data Processing Agreement in accordance with Art. 28 GDPR, which becomes part of the contract as an annex to these General Terms and Conditions.

3. alfaview is not obliged to provide the services on a server of its own, but it can make use of third parties’ services for this purpose. The services necessary for providing the services are hosted exclusively on servers within the EU. If a Customer expressly wishes to have hosting outside of the EU, this shall be possible following prior Agreement with alfaview.

4. Other than this, the Customer’s personal data will not be disclosed, sold or otherwise transmitted to third parties, unless:

  • this is required for the purposes of implementing and processing the Agreement;
  • this is necessary for billing purposes; or
  • the Customer has given their prior consent.

5. In connection with the use of the alfaview services, alfaview can send the Customer information and/or messages by email.

6. If the Customer has given his/her consent to receiving advertising, alfaview also uses the information about this and beyond the handling of the services requested by the Customer in order to occasionally send the Customer interesting news and information about the company by post or alfaview’s goods and services offering, based on the Customer’s data, that reflect the Customer’s individual interests, and use the Customer’s data to perform the necessary evaluations. For this purpose, it may be technically necessary for alfaview to summarize the data collected and provided in user profiles and to evaluate it for the aforementioned purposes. This is only carried out internally and only for the purposes described above. The Customer can revoke his/her consent to this at any time by emailing news@alfaview.com. If the Customer has not declared consent or revokes it, use of data according to the previous subsection shall not take place. However, the Customer can of course use alfaview services.

7. If the Customer has given their consent, alfaview can send the Customer current information and interesting offers by newsletter. The Customer 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. If the Customer collects, processes or uses personal data, he/she shall guarantee that he/she is entitled to do so in accordance with applicable regulations, in particular data protection regulations, and it shall indemnify alfaview against all claims in the event of a violation.

11. Confidentiality

1. The parties undertake to maintain strict confidentiality about all confidential matters, especially business or company secrets of the other party, which they become aware of in the course of the preparation, execution and fulfilment of this contractual relationship, and they shall neither disclose them nor exploit them in any other way. In cases of doubt, the parties are obliged to obtain consent from the other party before such disclosure.

2. This non-disclosure duty shall not apply to information which can be proven

  • a) to have been known to the parties prior to receipt thereof,
  • b) to have been notified to the parties by an authorized third party without violating a non-disclosure duty,
  • c) to have been in the public domain or generally accessible at the time of its notification to the parties,
  • d) to have become in the public domain or generally accessible following its notification to the parties through no fault their own,
  • e) to have been independently produced by the parties without use of the notified information, or
  • f) to have to be notified to authorities or courts by the parties based on mandatory legal provisions; in such a case, the parties shall notify one another without delay about the necessary disclosure of information and ensure that the other party is given the opportunity to limit the extent of such information to the absolutely necessary minimum, and shall also otherwise work towards the greatest possible safeguarding of the non-disclosure interest.

3. Press releases and all other publications by the parties about the cooperation in accordance with these General Terms and Conditions and also in connection with the alfaview services shall require the other party’s prior consent in text form.

12. Remuneration, billing and due date

1. The 30-day trial version is free of charge.

2. Otherwise, the Customer shall pay alfaview the remuneration agreed upon on the order form in return for the booked alfaview services.

3. All prices shall be understood to be net, i.e. exclusive of any value added tax due.

4. In particular, all remuneration according to the present Agreement shall also not include any taxes, dues, customs or other government fees of any kind, including in particular, but not limited to, turnover, sales, use or withholding taxes charged by a local, state, federal or foreign authority.

5. Payment is due within 14 days after the invoice is issued after beginning of the contractual term.

6. Default interest shall be eight per cent above the respective base rate of interest. alfaview can refuse to provide the service until payment is made.

13. Term of the Agreement and termination

1. If the Customer has booked the 30-day trial version, the trial period shall automatically end 30 days after initial access to the services. The term shall not be extended automatically.

2. The term of the Agreement is based on the order form. The contractual relationship shall be extended by one year at a time if the Agreement is not terminated with one (1) month’s notice as per the end of the contractual term in question. For a contractual term of one month, the contractual relationship shall be extended by one month at a time if the Agreement is not terminated by the last day of the term of the Agreement in question.

3. The right to terminate for good cause (section 314 German Civil Code) shall remain unaffected. An only temporary interruption of use of the alfaview services shall not substantiate a reason for extraordinary termination.

4. The notice of cancellation must be made in writing to be effective (as a scan by mail to info@alfaview.com is sufficient).

14. Final provisions

1. Should individual provisions of the present Agreement be or become ineffective or unenforceable, this shall not affect the validity of the remaining provisions. In place of the ineffective provision, the contractual parties shall endeavor to find such a provision that most closely meets the legal and financial objective of the Agreement.

2. Offsetting shall only be admissible against undisputed or legally established claims by the licensor.

3. Verbal Agreements must be made in text form (section 126b, German Civil Code) in order to take effect to the extent that no stricter form has been prescribed by law. This shall also apply to amendments and addenda to the content of the Agreement. This shall also apply to the amendment or cancellation of this provision.

4. These General Terms and Conditions of use and the further provisions mentioned therein contain all the Agreements between the parties with a view to the subject matter of the present contractual relationship. All and any previous Agreements hereby become obsolete. Any General Terms and Conditions of Business or Terms and Conditions of Procurement of the Customer shall not become an integral part of the Agreement, even if alfaview does not expressly contradict them in each individual case.

5. The contractual relationship shall exclusively be governed by German law, excluding the conflict of laws and the UN Convention on Contracts for the International Sale of Goods.

6. The exclusive place of jurisdiction for all claims arising from or in connection with the present contractual relationship shall be Karlsruhe.

7. alfaview is entitled to amend these contractual terms under the condition that it notifies the Customer and the Customer expressly approves.

8. alfaview further has the right to subsequently amend the General Terms and Conditions unilaterally if a change in market conditions, certain statutory requirements or a Supreme Court decision necessitates an adjustment to the Generals Terms and Conditions. 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 Customer of this no later than six weeks prior to the change taking effect. The Customer may oppose the change within a period of four weeks from receipt of the notification; otherwise, the change is deemed to be approved. alfaview shall make express reference hereto in the notification.

9. The following annexes are part of the Agreement: Data Processing Agreement according to Art. 28 GDPR.

As of 25.07.2024