Terms of Use schul.cloud

1. The object of the terms of use

   1. The company stashcat GmbH (hereinafter referred to as ""provider"") provides users with the messenger service ""schul.cloud"" (hereinafter referred to as ""Portal"") a platform that allows duly registered users to contact each other and communicate. Users can create individual personal profiles and use the other free services which are currently available on the portal within the scope of the respective availability. Further information on the services can be found under no.3

   2. The platform will only be provided to people who belong to an educational institution. This includes students, their guardians, teaching staff, as well as school administration staff. The provider reserves the right to delete access, or even not to activate, if they were set up by other groups of people.

   3. These Terms of Use govern the provision of the portal by the provider and the use of the portal by the duly registered user. By concluding the registration process (see section 4 of the Terms of Use), a contract of use with the provider is concluded. object of the contract of use is the free use of the portal.

   4. The right of use is limited to the access to the portal as well as to the use of the respective services available on the portal in the context of the regulations of these terms of use.

   5. The user is responsible for the creation of the necessary technical conditions in the area of ​​responsibility of the user for the contractual use of the services. The provider owes the user no advice in this regard.

   6. Further information about the provider can be found in the legal notice.

2. Changes to the Terms of Use

   1. The provider reserves the right to change these terms of use at any time without giving reasons, unless this is not reasonable for the user. Such changes shall be notified by the Provider to the User in good time prior to the planned entry into force of the changes. If the user does not object within six (6) weeks of receipt of the notification and continues to use the portal after expiry of the opposition period, the changes shall be deemed to have been effectively agreed as of the expiry of the deadline. In the change notification, the provider will inform the user about his right of objection and the consequences.

3. Services available on the portal, change of services

   1. The provider provides the services available on the portal for temporary use. Such services may e.g. the availability of data, contributions, image and sound documents, information and other content, as well as the possibility to create individual user profiles and to contact other users by writing personal messages.

      The content and scope of the services are determined by the respective contractual agreements, moreover according to the functionalities currently available on the portal.

   2. A claim for the use of the free services available on the portal exists only in the context of the technical and operational possibilities with the offerer. The provider endeavors to ensure that its services remain as uninterrupted as possible. However, temporary disruptions or interruptions may occur due to technical faults (such as power interruption, hardware and software faults, technical problems in the data lines) and necessary maintenance.

   3. The provider is entitled at any time to change services provided on the portal, to make new services available and to discontinue the provision of the services, unless this is unreasonable for the user. The provider will take into account the legitimate interests of the users.

   4. The Provider reserves the right to place on the Portal advertisements of third parties that may be of interest to users (for example, advertisements with job, training and careers content).

4. Registration, handling of access data

   1. The use of the services available on the portal requires the registration of the user.

   2. Students under the age of 18 are only allowed to register and use the portal with the consent of their parents or other legal representatives. Students under the age of 7 are not permitted to register and use the portal.

   3. The registration process on the portal is divided into different steps, which vary depending on the user type. In principle, the initiative is based on registration by the teacher or the school management. In order to prevent unauthorized persons from gaining access to the portal, the teacher accounts are checked and created centrally by the provider. After verification by the provider, the teacher gets access to the portal and can then provide access for the students. In the following, the individual steps or possibilities for registration are described in detail:

      1. Step 1: Registration for Teacher / School Management

         - The teacher / headmaster gives his first and last name and the complete address with contact information of his school.

         - From a list, he can select after entering the post code school. If the school is not in the list, he can enter it by hand.

         - In the next step, the teacher / headmaster can register and set his email address and password.

         - The registration triggers the vendor to automatically send an information postcard, which will be personalized mailed to the specified school address. This postcard contains a code that completes the registration process.

         - This procedure applies to all teachers / principals.

      2. Step 2: Registration for students and parents

         The already registered teacher / headmaster can generate a code that is active for a certain period of time. He can provide this code to students or parents (for example, in the classroom or via a parent's letter), who can then use this code to register themselves by entering the email address and setting a password. The code can be defined with a validity period between one and 14 days. The default setting for the code is seven days.
   4. The user is obliged to check the data provided during registration for completeness and correctness. The user warrants to the extent that all data given or confirmed by him is true and complete. Changes to the personal data (in particular contact data) must be made by the user via the dialogs provided on the portal. In addition, the user agrees to be contacted by the provider via the contact data stored in the registration process (email, telephone number).

   5. Each user may register only once and create only one user profile. As part of the registration, the user selects a password. Passwords and access data must be kept secret by the user and must be carefully secured.

   6. The provider can not determine with certainty whether a user registered on the portal actually represents the person the user claims to be. The provider makes no guarantee for the actual identity of a user. Every user has to convince himself of the identity of another user.

   7. It is the responsibility of the user to ensure that his access to the portal and the use of the services available on the portal are made exclusively by the user. If it is to be feared that unauthorized third parties have acquired or will obtain knowledge of the user's access data, the provider must be informed immediately.

      The user is liable for any use and / or other activity that is carried out under his access data, according to the statutory provisions.

5. Deregistration of the user, deletion of data and content

   1. The user can terminate his participation in the portal at any time by logging out of the dialogs provided on the portal and deleting his account.

   2. With the cancellation, the user may no longer use his access.

   3. The Provider is entitled to irretrievably delete all data resulting from the use within 30 calendar days after the user has logged out and after the expiration of any statutory periods of notice.

   4. The Provider also reserves the right to delete the communication data (including files and documents and other content) arising during use in the following cases:

      1. In case of inactivity of the user over a period of 60 calendar days.

      2. At the beginning of the school year, all communication data of the student accounts will be deleted in order to achieve a regular database cleanup and to ensure that students leaving the school also leave the portal. If students want to continue using the account without data loss, they can request a renewal key from teachers. If this is confirmed by the teacher, the account continues without data deletion.

      3. The Provider is entitled to remove unlawful and / or content that violates the Terms of Use from which it becomes aware at any time without prior notice from the Portal.

6. Responsibility for content, data and / or information of users

   1. The provider accepts no responsibility for the content, data and / or information provided by users of the portal as well as for content on linked external websites (collectively referred to as ""third-party content"").

   2. The provider does not check for completeness, accuracy and legality of third party content and therefore assumes no responsibility or warranty for the completeness, accuracy, legality and timeliness of the third party content. This also applies with regard to the quality of the third-party content and its suitability for a specific purpose, as well as third-party content on linked external websites.

7. Setting of own content by the users

   1. Subject to the following provisions, users may post content on the portal and make it available to other users.

   2. By posting content, the user grants the provider in each case a free right to use the respective content,

      1. to store the content on the provider's server and make it publicly available by displaying the content on the portal,

      2. for processing and copying, as far as this is necessary for the provision or publication of the respective content

   3. Insofar as the user deletes the content he has posted in the portal, the right of use and exploitation granted to the provider expires.

   4. The user is fully responsible for the content he has posted. The provider does not undertake a review of the contents for completeness, accuracy, legality, timeliness, quality and suitability for a particular purpose.

      The user therefore declares and warrants to the provider that he is the sole owner of all rights to the content posted by him on the portal, or is otherwise authorized (eg by an effective permission of the copyright holder) to stop the content on the portal and the rights of use and exploitation according to the above point. 7.2 to grant.

   5. The provider reserves the right to edit, block or remove any content already posted (including private communication content, news) without prior notice, provided the content itself is in violation of para. 9 of the Terms of Use or if there are concrete indications that there has been a serious violation of para. 9 of the Terms of Use will come. The provider will, however, take into account the legitimate interests of the user and the mildest means to ward off the violation of para. 9 of the Terms of Use.

8. Protection of content, copyrights

   1. The contents available on the portal are predominantly protected by copyright or other proprietary rights and are in each case the property of the provider, other users or other third parties who have made the respective content available. The user may only use this content in accordance with these Terms of Use and in the framework specified on the portal.

   2. Any use of the content reproduced on the portal that is not permitted by German copyright law requires the prior written consent of the copyright holder.

9. Forbidden Activities

   1. Users are prohibited from any activity on or in connection with the Portal that violates applicable law, violates the rights of third parties or violates the principles of the protection of minors. In particular, the user is prohibited from doing the following:

      1. the posting, dissemination, offering and promotion of pornographic content, services and / or products that violate child protection laws, data protection laws and / or other law;

      2. the use of content that offends or defames other users or third parties;

      3. the use, provision and distribution of content, services and / or products that are protected by law or encumbered with third-party rights (such as copyrights) without expressly being authorized to do so.

   2. Furthermore, regardless of any possible violation of the law, the user is prohibited to post content on the portal or to communicate with other users (for example by sending personal messages, participating in group discussions), in particular the following activities:

      1. the spread of viruses, Trojans and other harmful files;

      2. the sending of junk or spam e-mails and chain letters;

      3. the dissemination of offensive, offensive, sexually explicit, obscene or defamatory content or communication as well as any content or communication suitable or intended to promote or support racism, fanaticism, hatred, physical violence or unlawful acts (in each case explicitly or implicitly );

      4. the harassment of other users, e.g. by multiple personal contact without or against the reaction of the other user as well as the promotion or support of such harassment;

      5. the request of other users to reveal passwords or personal data for commercial, legal or illegal purposes;

      6. the dissemination and / or public reproduction of content available on the portal, unless the user expressly permits this by the respective author or is expressly made available as functionality on the portal;

      7. Making or promoting anti-competitive activities, including progressive advertising (e.g., chain, snowball or pyramid schemes).

   3. Also prohibited is the user any action that is likely to affect the smooth operation of the portal, in particular to overburden the systems of the provider.

   4. If the user becomes aware of an illegal, abusive, illegal or otherwise unauthorized use of the portal, he will inform the provider. The provider will then review the process and take appropriate action if necessary.

   5. If there is a suspicion of unlawful or punishable acts, the provider is entitled and possibly also obliged to review the activities of the users and, if necessary, initiate appropriate legal action. This may include the delivery of a case to the law enforcement authorities.

10. Blocking of access

    1. The provider may temporarily or permanently block the User's access to the portal if there are concrete indications that the user has violated these Terms of Use and / or applicable law, or if the Provider has any other legitimate interest in blocking. When deciding on a suspension, the provider will take due account of the legitimate interests of the user.

    2. In the case of temporary or permanent blocking, the provider blocks the access authorization and notifies the user via e-mail.

    3. In the event of a temporary blocking, the provider will reactivate the access authorization after expiry of the blocking period and notify the user via e-mail. A permanently locked access authorization can not be restored. Permanently suspended persons are permanently excluded from participating in the portal and may not re-register on the portal.

11. Privacy

    The provider takes the protection of the personal data, which the users transmit to the provider as part of the registration for the portal or the use of the portal, very seriously. The provider therefore complies with all relevant statutory data protection requirements and will not pass on the user's personal data, in particular without authorization, to third parties or otherwise inform third parties. Further information on data protection is regulated in the separate privacy policy of the provider.

12. Final provision

    1. These Terms of Use are governed by the laws of the Federal Republic of Germany governing legal relations between residents.

    2. Should individual provisions of these Terms of Use be or become ineffective, this shall not affect the validity of the remaining provisions.

State: April 2018