Terms and Conditions for RAUM

Subject of Agreement

We, RAUM virtual collaboration GmbH (hereinafter referred to as “RAUM” with registered seat in 50672, Germany, are a company of the visualization business offering a subscription service (hereinafter referred to as “Subscription“ ) allowing its customers (hereinafter also referred to as “Users“) to use its software platform (hereinafter refered to as “RAUM“ or “Service“) for virtual collaboration and meeting through the internet, computers, mobile devices and other equipment.
Upon conclusion of this Agreement, RAUM will grant the User a limited, non-exclusive, non-transferable and non-sublicensable right to access our platform and use RAUM in in the User’s and its group companies’ business.

Definitions

Subscription: The subscription service RAUM is offering.
Users: Every person, whether with paid subscription or free access, with an account for RAUM.
RAUM: The software platform for virtual collaboration and meeting through the internet, computer, mobile devices and other equipment incl. server, backend, APIs, device and web application.
Team: A subscription-based service for an organizational unit to which Users can be assigned and which provides the ability to create/manage and delete Workspaces.
Owner: The User that owns the Team or a Workspace.
User Contents: Data and materials that the User submits to or generates in RAUM.
General usage data: General and anonymous usage, statistical and aggregate data pertaining to the User‘s use of RAUM.

General obligations of User

The User is responsible for acquiring any and all network connections and all technical equipment required for using RAUM and is liable for any costs thereof.
The User will use all reasonable means to secure user names and passwords, and hardware and software used to access RAUM in accordance with customary security protocols. Each account for access to and use of the Service may only be accessed and used by the specific User for whom such account is created. In case of any suspected abuse User will promptly notify RAUM through website or via email. RAUM has placed the contact information in its website.
The User shall ensure that all details provided regarding the User‘s contact information and/or billing information where applicable, are correct and undertakes to update such information as soon as possible in case such information has changed.
The User will have to be of full age in the country of his/her residence to use RAUM.

General obligations of RAUM

RAUM is normally available 24/7. We reserve the right to suspend the Service for a short period of time, e.g. in case of maintenance works or updates. Interruptions to the availability of RAUM may also occur, for example, in the event of data connection or network disruptions or in case of interruptions in third-party services.
RAUM may at its sole discretion at any time modify and update RAUM or a part thereof, including discontinuation of features. RAUM reserves the right to implement new versions and new features of RAUM.

Usage restrictions

The User is not permitted and not entitled to permit others to do any of the following:
1.1.1. copy, modify, distribute, rent, sub-license, sell, lease RAUM or otherwise make it available to or grant access to third parties without the prior written consent of RAUM;
1.1.2. circumvent or try to circumvent any usage control or anti-copy functionalities of RAUM;
1.1.3. reverse engineer or decompile RAUM or access the source code thereof, except as permitted by law, provided, however, that this limitation shall only apply to those parts of RAUM and the source code thereof that are proprietary to RAUM and does not limit the application of permissive terms and conditions pertaining to any third party components used in RAUM;
1.1.4. use RAUM in violation of applicable law;
1.1.5. distribute content (incl. conversation) that is: racism; glorification of violence and extremism of any kind; incitement and instigation to criminal acts and violations of the law, threats against life, limb or property; incitement against persons or companies; statements that violate personal rights, slander, defamation and defamation of character to the detriment of users and third parties; violations of fair trading law; copyright infringing content or content that infringes other intellectual property rights; harassment of users and third parties; pornography; offensive, sexually explicit, obscene, vulgar, profane or disgusting material and expression represent, concern or contain. This also applies if the respective content does not violate applicable law, the rights of third parties or morality.
1.1.6. to use RAUM in ways that violate Intellectual Property Rights, business secrets, or privacy rights of third parties;
1.1.7. use RAUM for the purposes of reselling RAUM to third parties;
1.1.8. remove any product identification, copyright, trademark or other notice from RAUM.
In case of any suspected abuse of an user account or violation of the terms of the Agreement through third parties (particularly any suspected hacking) RAUM may suspend User‘s access until RAUM have established the facts, or the login data have been changed. Should the abuse have been caused by misconduct on User’s side RAUM further reserve the right to terminate the Subscription for good cause with immediate effect.

Workspaces

The User may join Workspaces. Workspaces are virtual rooms, designed and set up by the owner of the Workspace. The prerequisite for a Workspace is a Team license in which the workspace can be created. There are private workspaces, which only invited Users can enter, and there are public workspaces, which can be joined by all Users.
In the Workspaces, Users can hold a meeting, work together on projects, develop ideas, create Art and share or exchange information and knowledge.
The User accepts that the owner of the Workspace has the domiciliary rights and can set up and enforce supplementary rules. The basic rules of this TOC cannot be overridden.

Filestorage / Data / Licence

The User shall be responsible for all data and materials that the User submits to or generates in RAUM („User Contents “). The User shall be liable for ensuring that User Contents does not infringe any third-party rights or violate applicable legislation, and that the User possesses such necessary licences and permissions from third parties as may be required in order to use the Users Contents as set out herein.
RAUM may use, copy, store, and modify User Contents during the term of the Agreement for the purpose of providing RAUM to the User in accordance with the Agreement. For User Contents, which was generated in or submitted to the Workspace of another User (the Owner), RAUM may use, copy, store, and modify these User Contents as long as this workspace exists.

Payment

For the duration of the Subscription the User is, in return for receiving access to special contents like Teams and/or usage without limitation, obliged to pay a subscription fee (monthly/annually) which shall be payable in advance. The subscription fee depends on the order and is set out there.
All the prices and indications of prices shall be, even without express designation as such, in EURO and plus the statutory value-added tax in force at the time of the submission of invoice.
If a Fee cannot be withdrawn despite being due and payable, RAUM may suspend the subscription-based services or User‘s access to the Service until payment has been processed. The User should make requisite changes with the User Account in case of any changes of the payment mode (i. e. before expiry of a credit card).
All payments made in accordance with the Agreement are non-refundable. For clarity, in the event of early termination, the User shall not be entitled to a refund of any prepaid fees.
RAUM reserves the right to change the Fee for Subscription in case of any substantial change the sourcing or provider costs. Any change will, however, only come into force and effect after 45 days.

Warranty

The User shall notify RAUM of any defects without undue delay.
The warranty for only insignificant reductions in the suitability of the service is excluded. Liability without fault according to § 536a para. 1 BGB (German Civil Code) for defects existing at the time of conclusion of the Agreement is excluded.
In all other respects, the legal provisions shall apply.

Disclaimer

Subject to clause 10.2 below, RAUM’ liability towards the User for any incident arising from, or in conjunction with, the provision of RAUM shall, in case of any violation of a material contractual obligation caused by simple negligence in accordance with these terms and conditions be limited to those losses which were typically predictable. “Material contractual obligation“ as used in these terms and conditions shall mean such obligation the compliance with which is essential for due execution of this agreement, where its violation jeopardizes the purpose of this agreement and where the User can reasonably rely on its due performance. Any loss shall be considered being “predictable“ which, at the date at which the User has accepted these terms and conditions, was typically predictable. RAUM hereby disclaim it’s liability for violation of non-material contractual obligations caused by simple negligence.
RAUM’ liability and the liability for gross negligence or for wilful misconduct or for any damage/loss regarding life, physical integrity or health or for fraud is neither disclaimed nor restricted through these terms and conditions.
The above disclaimers apply also to the benefit of RAUM’ employees, agents and other third parties RAUM has retained for the execution of this Agreement.

Indemnification

The User shall indemnify RAUM and its employees or agents in the event that claims are asserted against RAUM due to an alleged or actual violation of rights and/or infringement of third party rights from all claims of third parties arising from actions of the User in connection with the use of the platform for which the User is responsible. In addition, the User undertakes to reimburse RAUM for all costs incurred by RAUM as a result of claims made by third parties. The costs to be reimbursed also include the costs of an appropriate legal defense.

Force Majeure

RAUM disclaims any liability for delayed provision or non-provision of the Service as far as such delay or non-provision a due to circumstances beyond RAUM‘ control or the control of the third-party right holder. This applies particularly to failure of electronic or mechanical communication features, third-party intervention, telephone- or other network problems, computer viruses, unauthorised access, theft, operating errors, fire, extreme weather conditions including flooding, acts of God or directives from public authorities, from governmental or supranational authorities, war or unrest.

Term and Termination

The User may terminate the Subscription with a notice period of three days effective as at the end of any calendar month and shall be entitled to access the Service until expiry of the Subscription. All payments made in accordance with the Agreement are non-refundable. For clarity, in the event of early termination, the User shall not be entitled to a refund of any prepaid fees.
If the User terminates the membership, the user account will be automatically closed upon expiry of this Agreement. Please note that the User Contents will remain in RAUM as long as it was submitted to or generated in the workspace of another user (see 6.2).

Privacy

The User can find all information on the processing of personal data in the RAUM‘ data protection declaration, available under URL.
RAUM shall have the right to generate and obtain general and anonymous usage, statistical and aggregate data pertaining to the User‘s use of RAUM („general usage data“) for the purposes of e.g. developing and improving RAUM. The Intellectual Property Rights and title to these data shall belong to RAUM. For clarity, general usage data shall not in any event be used in a manner that identifies the User or any natural person or any User Contents.
In case the User Contents contain personal data to be processed by RAUM on User‘s behalf as a data processor, such processing of personal data shall be governed by a separate data processing agreement between the User and RAUM.

Amendments

RAUM reserves the right to amend these terms and conditions, particularly, as a result of amendments of law or to ensure better functionality of the Service. Changes of these terms and conditions will be notified through the email account that the User has provided to RAUM and the new edition will be attached thereto. These changes are deemed to have been accepted by the User unless the User has objected to these changes by no later than four weeks after the date at which the User has received the notice of amendment. An email shall suffice as objection.

Applicable Law, Jurisdiction, Other Provisions

These terms and conditions shall be governed by the laws of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods and the provisions of German Private International Law.
The exclusive place of jurisdiction for any disputes in connection with these Terms of Use shall be at the registered office of RAUM.


Privacy Policy