HiDrive Share Terms of Use

1. Scope of application

1.1 The Terms of Use apply to the respective use of the service, which is preceded by the confirmation of these Terms of Use.

1.2 Description of the service: HiDrive Share is a new, free product that allows you to share files with others in a very simple way.

You can upload data and have a link generated for the uploaded data. You can share this link with others, giving them access to the files you have uploaded.
After a period of 7 days, the uploaded data will be deleted and the link will lose its validity.

2. Obligations of the users

2.1 You are solely responsible for the content you upload and share.

2.2 You ensure that the content you share with the service provided does not violate any legal regulations or the rights of third parties.

2.3 You undertake not to offer any content for retrieval which is of an extremist nature (in particular right-wing extremist content) or which is pornographic, commercially erotic, violent, glorifies violence, racist, discriminatory, harmful to young people or incites hatred among the general public, nor any content which calls for criminal offences or provides instructions for such offences.

2.4 Use for the distribution of malware, trademark and copyright infringement or piracy, fraudulent or deceptive practices, product counterfeiting or other conduct in violation of applicable law is prohibited.

2.5 By accepting the Terms of Use, you acknowledge that only the intended use in accordance with the service description is permitted. Deviating uses lead to the legal consequences set out in 4.1 and 4.2. The automated creation of releases is not part of the intended use. This is prohibited.

2.6 You represent and warrant that you have the necessary rights to distribute, sublicense, transmit, store and publish online all content stored and shared by you through the service.

3. Rights of the user

STRATO remains the owner of the software underlying the service.
STRATO grants you a non-exclusive right of use, limited in time to the respective period of use, to the programmes, applications, scripts and apps provided. It is not permitted to grant rights of use to third parties. Disposal in particular is therefore not permitted.

4. Legal consequences in the event of violations of the law and endangerment

4.1 If you violate the provisions 2.2, 2.3, 2.4 or 2.5, STRATO may block the content.

4.2 If the infringement is considered certain on the basis of objective evidence, STRATO may delete the content.

5. Exclusion of commercial use

The use of the service is excluded if we would be processing personal data as a processor for you as a controller within the meaning of the General Data Protection Regulation.

6. Guarantee, warranty and exclusion of liability

6.1 STRATO provides the service described above on an "as is" basis and without any express or implied warranty.

6.2 Furthermore, STRATO does not assume any warranty. The disclaimer of warranty applies including, but not limited to, any warranty or implied warranty of merchantability, correctness, accuracy, fitness for a particular purpose or non-infringement of rights.

6.3 STRATO assumes no responsibility or liability for third-party content that is published or shared using the service. STRATO shall in no event be liable to you or to any third party for any damages in connection with any content shared by you through the service, including copyrighted works.

6.4 You use the service at your own risk. Liability claims against STRATO of a material or immaterial nature arising directly or indirectly from the use of the service described above are excluded, unless they are based on intent or gross negligence on the part of STRATO. STRATO's liability for damages arising from injury to life, body or health shall remain unaffected by the exclusion of liability.

7. Exemption

You shall compensate STRATO for all damages arising from a breach of the above provisions, insofar as you are responsible for this. The damages also include the reasonable costs of a necessary legal defence. STRATO will inform you immediately if third parties assert corresponding claims and give you the opportunity to comment.

8. Place of jurisdiction, applicable law, out-of-court dispute resolution

The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Berlin (Charlottenburg District Court/ Berlin Regional Court), insofar as the user is a merchant, a legal entity under public law or a special fund under public law. The law of the Federal Republic of Germany shall apply to all claims of whatever kind arising from or on the occasion of this contract, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

9. Contact

If you have any queries, you can contact us at the following email address: kontakt@strato.de.