As amended on 08 September 2015
1 Services of sciebo
The user receives storage space for purposes of research, teaching, study and administration which is accessible via a client software or a Web browser. The storage space is located on servers operated under the institution’s responsibility. The user’s institution acts as provider. All services are free of charge. Each user receives 30 GB of personal data volume. At the request of project managers, additional memory can be allocated to scientific projects.
1.1 Changes in the scope of services
The institution reserves the right to change the scope of services for operational reasons. This particularly concerns the amount of available data volume and the service’s functionality. In case of changes, the user will be informed with reasonable advance.
The sciebo website provides a help centre with instruction manuals, frequently asked questions and online problem analysis. Futhermore, a contact form is available. Additional support is provided by the participating institutions during their normal business hours.
2 Purpose of use
The use of sciebo is restricted to purposes of study, teaching, research and administration solely. The user is not entitled to grant unauthorized third parties access to the service.
3 Obligations of the end user
In addition to the provisions below, the user regulations of the respective participating institution apply.
3.1 Rights of third parties
The use of sciebo has to be in compliance with all rights of third parties. Accessing, offering, uploading or distributing illegal content – especially content that is violating criminal law, data protection law, personal rights, licensing law or copyright law – is prohibited. In particular, no unauthorized copies of the software used for the service’s operation are to be made. Failure to comply may result in disqualification from the service, without prejudice to any criminal or civil consequences.
3.2 Duplication of data
The data stored on the user’s personal storage space may be protected by copyright and data protection law – in this regard, the user accepts sole responsibility for the duplication of the data. The user hereby entitles the institution to make these data available over the Internet in case of justified queries within the scope of business, to – more particularly – reproduce and transmit them for this purpose, and to reproduce them for backup purposes. This grant of rights is necessary for legal reasons, so that the user’s data can be provided for his own use. It does not mean that data can be viewed by third parties, unless the user makes them available to others deliberately (by explicitly sharing files and folders).
3.3 Indemnity against third party claims
The user is obliged to indemnify the institution against all third party claims based on the data stored by him and to refund any costs incurred due to possible rights violations.
3.4 Penalties for infringement
The institution has the right to deny access to the service immediately if there is reasonable suspicion that the data stored are illegal and / or violate third party rights. A reasonable suspicion for an illegality and / or an infringement occurs in particular when courts, authorities and / or other third parties notify the institution in this regard. The institution has to inform the user about the restriction and its reason immediately. The restriction has to be lifted as soon as the suspicion is ruled out.
4 Liability of the institution
Claims for damages against the institution are excluded, irrespective of legal basis, unless the institution, its legal representatives or vicarious agents have acted with intent or gross negligence. The institution is only liable for slight negligence if a contractual obligation essential for achieving the purpose of the contract has been violated by the institution, its legal representatives, executive employees or vicarious agents or if claims arise from injury to life, body or health. In this case the institution is only liable for foreseeable damages which are expected to arise typically. The institution is not liable for any other damages, e.g. for loss of profits, for loss of production, for other indirect damages or for loss of data and information. The institution is not liable for data loss since the damage results from the user’s failure to perform backups and thereby ensure that lost data can be recovered with reasonable effort. The service sciebo is available on the practice of “best effort” according to business due diligence. No liability is taken for the consequences of failures or errors of the service. The user in person is responsible for entering and maintaining data and information necessary to use the cloud services.
5 Data protection
The user may only store personal data of others if the persons concerned explicitly consent to storage of these data or if a statutory permission applies. The institution will process data transferred by the user only in accordance with the user’s instructions. The user agrees to the processing of all personal data that he feeds into the sciebo system. Processing in this sense is restricted to purposes which are required as part of the service. The institution complies with the data protection regulations. In particular, data will not be passed on to or processed by private companies and not stored outside the territory of the Federal Republic of Germany.
5.2 Collection of anonymous usage data
The user agrees that, for scientific purposes and for the optimization of the service sciebo, anonymous usage data are collected, stored, processed and sent to scientific project partners for analysis. Transmission of these data to third parties for any other purposes does not take place
5.3 Use of the web portal sciebo.de
For the web portal, the information given in the relevant data privacy statement apply.
6 Duration and Termination