User Contract sciebo

Date: 25.01.2019

§ 1 Contracting Parties

The following user contract is concluded between you and the University of Münster (Münster University), which is the sole provider of the sciebo service.

The address of Münster University is:
Westfälische Wilhelms-Universität Münster   
Schlossplatz 2   
D-48148 Münster

Münster University is represented by its rector Prof. Dr. Johannes Wessels. The IT Centre (Zentrum für Informationsverarbeitung, ZIV) of Münster University is internally responsible for the operation of the service. The ZIV can be reached under:
Zentrum für Informationsverarbeitung    
Röntgenstraße 7-13   
D-48149 Münster
E-mail: info@sciebo.de   
Phone: +49 251 83-31600

A list of the participating institutions can be found here.

§ 2 Conclusion of Contract

The user contract between Münster University and the end user is concluded when the user accepts the Terms of Use and the Data Privacy Statement during the registration process and clicks on the "Weiter zur Authentifizierung" button on the sciebo homepage. The contract is concluded under the suspensive condition that the authentication procedure by the home institution which immediately follows is successfully completed. This contract exclusively regulates the use of sciebo for the processing of non-official data, i.e. data for which the end user is responsible. The processing of official data, i.e. data for which the home institution is responsible, is regulated by a participant contract between the provider and the home institution. The end user has to observe the regulations of his respective home institution for the processing of official data in sciebo.

§ 3 Definitions

Münster University is hereinafter referred to as such or as the provider. All universities and research institutions whose members have access to the service are referred to as participating institutions. The term "home institution" means the participating institution of which the user is a member, e.g. as a student or employee.

§ 4 Services

The user is provided with storage space for the purposes of research, teaching, studies and university administration on the servers operated under the responsibility of the provider, which can be accessed by means of client software or a web browser. The service offers the possibility to share content with other users. Each user has access to a personal data volume of at least 30 GB.

In addition, an address management function (“address book”) is provided. It makes it possible to store addresses of persons not participating in the service and to share with other users.

All services of sciebo are free of charge for the user.

4.1 Change of the Scope of the Services

Münster University reserves the right to change the scope of services for operational reasons. This applies in particular to the size of the available data volume and the scope of functions of the service. Users will be informed of this in advance.

4.2 Support

On sciebo.de there is a help center where you can find instructions and answers to the most frequently asked questions. A contact form is also available. End-user support is provided by the users' home institutions during normal business hours.

§ 5 Purpose of Use

The sciebo service may only be used for study, teaching, research or university administration purposes. The user is not entitled to make his access to the service available to third parties for use. In particular, he is prohibited from passing on his user ID and password. However, he is entitled to invite third parties as so-called "guests" with whom he shares his data volume. In relation to his guest, the user must ensure that the guest also meets the obligations laid down in § 6. The user is liable for violations of these duties by the guest as for his own violations.

§ 6 Obligations of the User

6.1 Third-Party Property Rights

The use of the service sciebo has to take place under protection of all third-party property rights. The retrieval, offering, uploading or distribution of illegal content, especially content that violates criminal law, personal rights, licensing rights or copyright, is not permitted. In particular, no unauthorized copies of the software used to operate the service are to be made. Violations may lead to exclusion from the service, without prejudice to other consequences according to criminal or civil law.

6.2 Personal Data of Third Parties

If personal data of third parties are stored via the service, the user, as the responsible body within the meaning of data protection law, must ensure that the processing of the data is in accordance with the applicable data protection law. This also applies to the processing of data by third parties whom the user has invited as guests.

Special categories of personal data of third parties pursuant to Art. 9 para. 1 GDPR may not be stored in the service. This includes:
•    data revealing the racial and ethnic origin
•    data indicating the political opinion
•    data revealing the religious or philosophical convictions
•    data indicating the trade union membership
•    genetic data
•    biometric data for the unique identification of a natural person
•    health data
•    data on the sex life or sexual orientation of a natural person

Münster University stores the data on behalf of the user. Data with personal content is processed in accordance with the user's instructions. Münster University guarantees that the persons responsible for data processing have committed themselves to confidentiality. Münster University undertakes to take appropriate technical and organisational measures for data security within the meaning of Art. 32 GDPR and, where possible, to support the user in fulfilling his obligation to respond to requests for the exercise of data subjects' rights. Furthermore, Münster University undertakes to support the user in complying with the obligations set out in Art. 32-36 GDPR, taking into account the type of processing and the information available. Once the processing services have been completed, the data must be deleted or returned at the user's option, unless there is a legal obligation to store the data. The user must be provided with all necessary information to prove compliance with the obligations laid down in Art. 28 GDPR and be able to carry out checks.

6.3 Reproduction of Data

The data stored by the user on the storage space intended for him may be legally protected, the responsibility for the reproduction of the data from these points of view lies solely with the user. The user grants Münster University the right to make the data stored on the server accessible via the Internet for authorized queries within the scope of business and, in particular, to reproduce and transmit the data for this purpose and to be able to reproduce it for the purpose of data backup. This granting of rights is necessary so that the user's data can be made available for his own access. It does not mean that data can be viewed by third parties unless the user expressly makes it accessible to others himself (by explicitly sharing files and folders).

6.4 Release of Münster University from Third-Party Claims

The user is responsible for the data stored by him in sciebo. The user is obliged to indemnify Münster University against all claims by third parties based on the data stored by him and to reimburse Münster University for any costs incurred as a result of possible legal infringements. This also includes the costs incurred by Münster University for extrajudicial and judicial defense against these claims.

6.5 Penalties for Infringements

Münster University is entitled to immediately block access to the service if there are reasonable grounds to suspect that the stored data is unlawful and/or violates the rights of third parties. A reasonable suspicion of illegality and/or a violation of the law exists in particular if courts, authorities and/or other third parties inform Münster University thereof. Other infringements of the provisions of these Terms of Use, in particular the obligations under § 6 and misuse for purposes other than those mentioned in § 4 sentence 1 also entitle Münster University to block the user. Münster University shall immediately notify the user of the block and the reason for the block. The block must be lifted as soon as the suspicion is invalidated.

§ 7 Liability of Münster University

Claims for damages against Münster University are excluded irrespective of the legal grounds, unless Münster University, its legal representatives or vicarious agents have acted with intent or gross negligence. Münster University shall only be liable for slight negligence if Münster University, its legal representatives or executive employees or vicarious agents have violated a contractual obligation essential for achieving the purpose of the contract, as well as for damages resulting from injury to life, body or health. Münster University shall only be liable for foreseeable damages which typically have to be expected. Münster University shall not be liable for other damages, e.g. loss of profit, loss of production, other indirect damages or loss of data and information. Münster University shall not be liable for the loss of data to the extent that the damage is due to the fact that the user has failed to back up the data and thereby ensure that lost data can be restored with justifiable effort.

The sciebo service is available in accordance with normal operational care based on the "Best Effort" practice. No liability is assumed for the consequences of failures or errors of the sciebo service. The user himself is responsible for entering and maintaining the data and information required to use the cloud services.

§ 8 Data Protection

Information on the handling of personal data during the operation of the service can be found in the separate data protection policy.

§ 9 Duration and Termination

Participation in the sciebo service is linked to the position as a member of a participating institution and ends 12 months after registration. The user can extend the use at any time for a further 12 months as long as he is a member of a participating institution. The user will be informed of this in good time by e-mail to his university address. Three months after expiry of the right of use, the data will automatically be completely deleted and access to the service blocked. This does not affect the user's right to delete data under data protection law.

Münster University may exclude the user from using the service without notice for an important reason. Important reasons include, in particular, repeated violations of the provisions of these Terms of Use or of applicable laws. A request by the respective home institution to block the user shall also entitle Münster University to exclude the user.

The user may terminate the use of the service at any time without giving reasons.