Terms of Use

(Last updated: 6 December 2023)

1. Introduction
These are the Terms of Use for https://www.open-xchange.com and its connected webpages, microsites and portals (the “Website”). The Website is operated by Open-Xchange AG, Hohenzollernring 72, 50672 Cologne, Germany ("OX"). Please read these Terms of Use carefully before you start to use this Website. By using the Website, you consent to these Terms of Use and agree to be bound by them. If you do not agree, please do not use our Website. If we change these Terms of Use in any way, those changes will be posted on this page.

2. Data Protection
The collection and use of your personal information to or via the Website is governed by our Privacy Policy.

3. Your Responsibilities
You may only use the Website for non-commercial use and only in accordance with these Terms of Use. You may retrieve and display content from the Website on a computer, smartphone or tablet screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. You must only use the Website and anything available from the Website in compliance with all applicable laws and regulations, in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

4. Restrictions; Consequences of an Infringement
Except to the extent expressly set out herein, you are not allowed to:

  • store pages of the Website on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all pages of the Website,

  • remove or change any content of the Website or attempt to circumvent security or interfere with the proper working of the Website or the servers on which it is hosted,

  • misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware, and/or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware, or which is otherwise malicious or technologically harmful,

  • create links to the Website from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Website, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party, or

  • frame this Website on any other website.

5. Proprietary Rights
All product or service names mentioned on this Website are trademarks or registered trademarks of their respective owners. All intellectual property rights in any content of the Website (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. The provision on this Website does not grant you a license to use the logos or trademarks. Subject to your compliance with these Terms of Use, OX grants you a non-exclusive, non-transferable, limited right to use the Website for your own non-commercial and personal use only. However, you are not authorized to distribute, exchange, modify, sell or transfer any information from this Website. Unless otherwise indicated, all material on this Website is protected by copyright and may not be used for commercial or public purposes without the prior written approval of OX. If you print, copy or download any part of the material held on this Website or made available through it in breach of these Terms of Use, your right to use this Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

6. Content; Warranty Disclaimer
We may change the format and content of the Website from time to time. You agree that your use of the Website is on an ‘as is’ and ‘as available’ basis and at your sole risk.

The following warranty exclusions do not apply to intentionally concealed defects.

We do not make any representations or give any warranties or undertakings in relation to the quality, accuracy, completeness or fitness for purpose of the content of our Website. All information provided in connection with the Website relates to circumstances at the time of its original publication and may not have been updated to reflect subsequent developments. To the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Website or relying on any of its content.

We cannot guarantee the continuous, uninterrupted or error-free operability of the Website. There may be times when certain features, parts or content of the Website, or the entire Website, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Website, or any features, parts or content of the Website.

We cannot and do not guarantee that any content of the Website will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

7. (External) Links
Our Website may contain links to other websites at different web addresses, some of which are owned and operated by OX businesses and others which are owned and operated by third parties that are not part of OX.

These Terms of Use do not cover these websites. If you access these websites using the links provided, the operators of these websites may collect and use personal information from you in accordance with their privacy policies, which will differ from ours.

We include links to external sites to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of the external websites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

8. Limitation of Liability
OX shall be liable without limitation for intent and gross negligence; arising out of injury damaging to life, limb or health; and in accordance with the German Product Liability Act. Without limiting the above, OX shall be liable for slight negligence only in the event of a breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). In these cases, OX’s liability shall be limited to the typical and damages that were foreseeable at the time of the acceptance of these Terms of Use.

If you are a consumer and not a business user, in no event shall we be liable to you for any business losses, and if you are a business user, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited, in all cases, to losses that were reasonably foreseeable.

OX’s liability for any other circumstances is excluded.

The limitations of liability shall also apply in favor of the representatives, employees and vicarious agents of OX.

9. Modifications
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Website at any time. When we change our Terms of Use, we will publish the updated terms on our Website. Please check these Terms of Use regularly. Subject to applicable law, all changes will take effect as soon as we publish the updated Terms of Use, but where legally required to do so, we may take additional steps to inform you of any material changes to our Terms of Use and may request that you agree to these changes.

10. General
10.1. Governing Law and Jurisdiction
These Terms of Use will be governed by and construed in accordance with the laws of Germany and without regard to conflicts of laws principles and specifically excluding the provisions of the United Nations Convention on the International Sale of Goods (CISG). However, this does not prevent you from enjoying the mandatory consumer protection provided by the laws of the country in which we provide our services and in which you have your habitual residence. If you are a business, any legal action or proceeding with respect to these Terms of Use will be brought in the courts of the city of Cologne, Germany. By execution and delivery of these Terms of Use, each of the Parties hereto accepts for itself and in respect of its property, generally and unconditionally, the exclusive jurisdiction of the aforesaid courts.

10.2. Severability
If any provision of these Terms of Use is found by any court, tribunal or administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable in whole or in part, in any circumstance, the remainder of these Terms of Use, and the application of such provision in any other circumstances, will not be affected.

If you have any questions about these Terms of Use or the Website, please contact: webmaster@open-xchange.com or refer to our Legal Notice.