The swabr GmbH - hereinafter "provider" or "swabr.com" called - operates under the name "swabr.com" a social network that allows employees of companies to communicate for business purposes, to cooperate with each other and content to share. The services offered by the provider are basically free, but require at least the application with a valid company email address for each employee.
For the domain part of the email addresses of registered employees (e.g. swabr.com in the email address firstname.lastname@example.org) a so-called corporate network is generated automatically on swabr.com. Conversely, all on swabr.com registered employee of a company with the same domain of their email address used when signing member of the same corporate network and can participate in the company's internal network communication.
For the owners of a company's Internet domain for the possibility of the use of the paid offering to take based on their Internet domain swabr.com-owned company network. The owner of a corporate network will be referred to as a contractor. Within a corporate network, it is possible to create networks and to work within the networks. Communication within such a team is limited to the members of the teams. In addition, there is a possibility across companies (e.g. with external customers or employees) of so-called external networks to communicate. Here, the creator of an external network controls the membership.
By using the service of a corporate network, the owner can authorize different users as administrators. Administrators within their company network or the local networks etc. have the following rights:
- To block users to lock or delete,
- The memberships in networks to view and change,
- Download backups of the contents of the company network.
The paid use can be stopped and resumed. For the period of free use only free standard functions are available. Thus, the following usage types for swabr.com result:
Authorized company representatives (directors, authorize legal entities), self-employed, freelancers, and with its own Internet domain, it denominated email addresses:
- Can take advantage of premium offerings and are then contractors,
- Can the membership of users in their own corporate network only cancel later,
- Can create and use networks,
- Can appoint as administrators in their own corporate network users.
Employees of companies denominated in the Internet domain of the company e-mail addresses:
- May act only on behalf of their company,
- Can come arbitrarily added to its corporate network and participate in the communication, unless they are explicitly disabled by an administrator of the company.
For the use of swabr.com the following terms and conditions apply to the relationship between users / contractors and suppliers. The use of swabr.com is allowed only if the user / contractor accept these Terms and Conditions. Users can be considered a company's employees only legally competent natural person who is under 18 years of age. Users of the paid bid of swabr.com (contractors) can only be legal persons, professionals or businessmen. Users of swabr.com are not consumers within the meaning of the act.
The provider reserves the right to modify these terms at any time. The user / contractor will be informed of any changes to existing contractual relationships in time by email. The parties will be given to the end of the month after notification of the change of use of a right of termination conditions for a period of 3 months. After this period, the contract shall continue based on the new terms and conditions.
For the active use of swabr.com a registration with a valid email address is required that explicitly identifies the user as the sender. Based on this registration, access to the specified email address as the user name is granted. Following this the user is a member of swabr.com. There is no claim to being a member of swabr.com. It is prohibited to registration under a false name and using bogus email addresses of any kind.
The user / contractor is responsible for the information he states in his application, is solely responsible. He assured that correspond to the data given by him to the truth. The user may access information about its swabr.com not given to third parties for use. He is obliged to keep the data secret and to protect against access by third parties. The user may terminate its membership by an appropriate notice to the seller without notice. Upon request, the supplier will then block the access of the user.
The provider is entitled to terminate the membership of a user with a notice period of 1 month to the end of the month. In an important reason, the provider is entitled to block the user's access to and immediately terminate membership without notice. The provider is entitled to termination of membership, to block the access of the user. The provider is entitled, but not obliged, in the event of termination of membership to delete content created by users. A claim of the user to transfer the content created is excluded. The administrator of a company network is able to terminate the access of users to its corporate network.
The user agrees to the provider not to publish posts that violate the law or common decency. The user / contractor undertake in particular to publish any content or files:
- The publication of which constitutes a criminal offense or is a misdemeanor,
- Violate the copyright, trademark or unfair competition,
- Violate the Legal Services Act,
- Other users harass, threaten or rights (including moral rights) of any third party,
- Have the offensive, racist, discriminatory or pornographic content,
- The malicious software (viruses, malware, Trojans, etc.) are included.
The user agrees to the provider in addition to refrain from it and will not attempt:
- Intentionally availability, system integrity or compromising security of swabr.com,
- To produce a deliberately not justified by the normal use of high load on the infrastructure of swabr.com,
- To allow the communication to or from the infrastructure of swabr.com,
- Log in as another person or impersonate another person when using swabr.com,
- Providing false information when registering to swabr.com,
- To enable third parties taking note of their access to information swabr.com,
- To work on swabr.com furnished access barriers.
Provider should be aware of any violation of the above gain commitment, the supplier is entitled to change or delete and block the access of the user / contractor the relevant content and / or files. The user / contractor is obligated to the seller to pay for damages caused by the breach of duty.
The seller has against the user / contractor is entitled to exemption from claims of third parties that make these due to the infringement of a right by the user / contractor. The user / contractor agree to assist the provider in the defense of such claims. The user / contractor is also obliged to bear the costs of reasonable legal defense of the provider. Failure to comply with the obligations may result in immediate termination of the contractual relationship eventual, and / have civil and criminal consequences for the user contractors.
The functional range of free and paid services of swabr.com is described on www.swabr.com. The provider does not go beyond the functions described therein obligations. In particular, no claim of user / contractor insists on a continuity of service. Each user is responsible to protect him on swabr.com content stored outside if necessary. The vendor assumes no responsibility for inadvertent damage, corruption or loss of data stored on swabr.com content.
The provider operates swabr.com 24 hours / day, 365 days a year and guarantees an available usage time of 99% per month. Not belong to the period of use:
- With a lead time of 3 days announced unscheduled maintenance window for an important reason,
- Periods in which swabr.com reasons which the provider is not responsible for (hacker attacks, fault of third parties, force majeure, etc.) is not available.
The provider will endeavor to minimize periods of non-availability as short as possible and use an appropriately sized for it and fail-safe infrastructure.
The provider swabr.com based on cloud technology. He is entitled at any time to change or such third party with the operation of cloud-based IT infrastructure, but it ensures that the data management within Germany is and the authorized third parties are subject to data protection legislation in Germany.
Contact to users and / or contractors will be via system notifications or by e-mail. The provider is entitled to make changes to parts of or the entire offer without prior notice. The Provider is entitled to suspend its offering in compliance with a notice period of 2 months. In case of closure of its offer, the provider is entitled but not obliged to delete content created by users. In no event is possible after completion of the offering access to the stored data on the extent to maintain the offer out. Do not agree one user / contractor with a change that was made or the announced end, he can finish the paid end of the month and use the membership immediately.
For businesses, freelancers and self-employed with their own Internet domain is the possibility chargeable services for all users with their own Internet domain book in the domain part of the username. In this case, the user, the payment information is stored, the so-called administrator of the company with the specified Internet domain and may appoint other administrators. Administrators have inter alia the following options:
- Access the administration area (including the billing information),
- Adaptation of the environment to your own branding,
- Ability to block and unblock user accounts within your corporate network,
- Download Backups of all adjusted to the corporate network related information, as well as all associated global team (with the exception of files and user information).
The provider bills for the use of swabr.com on a monthly basis and stored in the administration area of the respective contractual partner within swabr.com. The payment is made in advance each month. In periods within a month change in the fee-based accounts and offer payment be made or created by the end of the following month. The invoice amount is depending on the number of active users of an enterprise and automates the reporting date is the beginning of the accounting period determined. The current price scales / prices are on the current price list can be seen below www.swabr.com. All prices are exclusive of VAT. The payment can be made by direct debit, bank transfer, PayPal or through a payment service provider. Another method of payment is not possible.
A right of set-off and thus only applies if the provider of any set-off or consent of the contracting party can legally established counterclaims asserted against the seller. An end to the use of swabr.com is paid at month end possible. Then only is the functionality of the free offer (the functionality of the free and paid offering is described below www.swabr.com) continues to be available (e.g. limited number of networks). However, no data will be deleted. The full feature set when re-using the paid offer available.
The provider is entitled to change prices with a lead time of 2 months. If a contractor does not agree with the change, it can terminate the use of paid end of the month. To enable communication between business entities, professionals or traders, users / contractors may invite employees of their own or from other companies swabr.com. The invitee can then decide whether they want to login. It is forbidden to abuse this function, e.g. to use for sending spam.
The provider will observe the legal data protection regulations. The provider is not responsible for the content stored on swabr.com. The provider cannot guarantee despite the precautionary measures taken, safety equipment and good intentions of the identity of the author, the correctness and usefulness of content of any kind. The contents do not necessarily reflect the opinions of the party resisting.
The data stored on swabr.com data is treated confidentially. They will not open or sighted by the supplier, unless there is a breach of obligations before use, the provider of the acquired knowledge. The stored data will not be disclosed by the seller to third parties or used for the creation of spam email lists.
The user can complete it within his personal profile details, descriptions, photos, etc. that are helpful for communication with other users. For made fraudulently or in profile, in other areas of the portal misrepresentation provider reserves the right to civil legal action and announces the existing contractual relationship or membership without notice. The provider is also entitled to the user - e.g. incorrect information - delete from swabr.com.
The visibility of profile information, as well as other user-contributed content is restricted to members of the same corporate network, network and external network. Only the creator of content and an administrator will be able to delete content from the system. An exception to this is files that can be deleted from the system by each member of the associated company network, teams or global teams.
The rights of users to create content remain with the respective creators. However, the creator grants the owner of his company's network or an external network an unlimited exclusive right to use the content produced by him. After the termination of membership or expulsion an access to the content created by the creator no longer possible. The stored contents are only the members of the respective teams, in which the content was created, accessible. The membership of a team can be depending on the severity of the network (internal, external) subsequently changed, thus obtaining new members note of the information located there.
Exists (but not files and user information) to create and the ability to download data backups stored in the company's own network and the corresponding network content for an administrator of a network of companies within swabr.com. The administrator of a company network, a network or external network is also able to block the access of users to its administration and object to delete individual content.
Collects, processes or uses a user / contractor within swabr.com personal data, he is responsible for ensuring that he is entitled to do so under applicable, in particular data protection laws and, in the event of a breach of the seller claims of third parties.
The vendor assumes no responsibility or liability for the topicality, correctness, completeness or quality of the information provided or for any misuse of information. Any liability for any economic, physical or immaterial damages resulting from the use or non-use of the Internet services of the provider or could arise in principle excluded. All offers are far too non-binding. The provider strives to ensure constant and proper operation of swabr.com, but cannot guarantee continuous usability and accessibility of the service. No liability for technical transmission delays or failures is excluded. The provider is not liable for the unauthorized acquisition of personal user data by third parties (e.g. by an unauthorized third party access).
The provider is not liable for direct or indirect references to external websites ("hyperlinks") which lie outside the responsibility of the provider. Should the provider to know if there is a link to a site with illegal content, the provider will take all reasonable measures to remove the corresponding link. Purely as a precaution distanced by content of linked websites. This applies to all within swabr.com links and references as well as for foreign entries, content, discussion forums, blogs, mailing lists, and the like.
Exempted from this liability, claims for damages due to injury to life, limb, health, and claims for damages from the breach of contract. Material contractual obligations are those whose performance to achieve the objective of the contract is necessary. From the disclaimer also excluded liability for damages based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or vicarious agents.
The provider is committed to protect copyright rights of others in all Internet services. Therefore, the seller also claims all copyrights for any material created contents of its web pages. Reproduction or use of contents of any kind is permitted only with written consent of the provider.
Exclusively applies the law of the Federal Republic of Germany for the present Terms and Conditions and all other agreements between the users and contractors with the seller. Should any of these conditions be or become invalid or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the parties by a valid one which reflects the economic purpose of the invalid provision as far as possible. The same applies to any contractual gaps.