Terms and conditions of use

Slideflight Presenters

1. Preamble
1.1 Slideflight GmbH, of Amalienstrasse 62, 80799 Munich, Germany ("Provider“) operates the "Slideflight" service, which allows lecturers and presenters ("Presenters") to share their presentations and supplemental information ("Presentations") to their respective audiences ("Users") via an internet browser (the "Portal") or via the associated mobile application (the "App") by making them available for download by Users (the "Service"). The Organizer can be licensee in the context of Conference Licenses as well

1.2 Possible former contractual relationships with Senovo GmbH are abolished by completing this contract.

1.3 3 In order to make the Presentations available to Users of the Service, the associated presentation software (the ("Software") must be installed on the Presenter's computer and an adequate internet connection must be available. The Software uses the Internet to make the selected presentation available to any User via the Portal or the App.

1.4 Only the provisions of these terms and conditions of use relating to "Slideflight Presenters" shall govern use of the Service by Presenters. Use of the Service by Users shall be governed by the provisions headed "Slideflight Users." In each case, such provisions shall form the entire agreement between the Provider and the Presenter or the User, including where the Provider does not expressly exclude or contradict any term not expressly contained therein.

2 Provider's Services
2.1 The subject of this contract is the provision, solely during the term of this contract, of the Software and the rights required to give effect to this contract as set out at clause 2.3, together with the provision of the Software for download by the User over the internet during the term of this contract.

2.2 The Provider shall make a copy of the Presentation Software in digital form for download available to the Licensee.

2.3 The Licensee shall receive the non-exclusive, non-transferable right, for the duration of the term, to use the Software in accordance with the provisions set out herein. The right to grant any sub-license in the Software is hereby excluded. The Provider offers the following licensing models:
a) The “Private License” is a cost-free License solely for the private usage of the Software.
b) The “Business License” is a License liable for costs for the private and/or commercial usage.
c) The “Conference License” is a License liable for costs for the private and/or commercial usage with the extended potential use for Conference Organisers as defined in § 2.
d) The cost-free “Trial License” for the trial period of 30 days which includes a commercial usage.
In addition, the specifications on the website for the particular license apply for the scope of the permitted usage for the user. As far as not stated differently explicitly elsewhere, the usage of the Software on Servers is prohibited.

2.4. The Licensee shall not be entitled to assign or transfer the copy of the Software provided to him to any third party. Only in the context of Conference Licenses, the Licensee is allowed to provide the computer, on which the Presentation Software is installed, together with the Presentation Software to Presenters free of charge for Utilization. Without limitation, the Licensee shall in particular refrain from reselling, lending, renting out, or otherwise sub-licensing the Software

2.5 If the Presenter breaches any of the provisions set out above, all usage rights granted by this contract shall cease with immediate effect and shall automatically revert to the Provider. Upon such occurrence, the Presenter shall cease use of the Software in its entirety without delay, and shall delete all copies of the Software from the User's systems.

2.6 The Provider makes the Portal and the App available as-is in their current form. The Provider plans to offer additional functionality and reserves for itself the right to modify the whole of the Service and its functionality (or any part thereof), and to offer services and functions that may differ from the Service, provided that it shall not exercise such right unreasonably to the detriment of the User.

2.7 The Provider warrants that the Service shall achieve availability during each calendar month of 98% ("Availability"). Non-availability shall apply when the Service is not wholly available as a result of circumstances within the control of the Provider. Non-availability shall not apply if the Service is unavailable as a result of
a) force majeure;
b) internet connectivity issues;
c) user error or breach of contract on the part of the Presenter and/or the User; or
d) planned maintenance (cf. clause 2.4).

2.8 The Provider may temporarily suspend the Service for maintenance ("Planned Maintenance"). Planned Maintenance take place during the maintenance slots between 23:00 and 08:00. The Provider shall give the Licensee not less than two days' prior notice of planned maintenance via the webpage located at www.slideflight.com. The duration of planned maintenance within any month shall not exceed twelve (12) hours.

2.9 The Provider shall provide support for the Service only to the extent specifically agreed between the Parties.

2.10 Rights in the Software as against the Presenter are exclusively reserved to the Provider. Save as expressly permitted herein, any distribution of the Software to any third party is hereby prohibited.

3. Use of the Service
3.1 Presenters may download the Software from www.slideflight.comand use the Software in the permitted scope for the particular License.

3.2 Presenters may make Presentations available over the Service by making use of the Software that is installed on their computers.

3.3 Presenters may transmit an electronic link giving access to the Presentation (hereafter the "Presentation Code") to an unlimited number of Users, by nominating such User or by forwarding an e-mail to provide the User with access to the corresponding Presentation. The User may view the Presentation via the Portal or by installing a free App. Sidelight's terms of use, as they apply to the User, prohibit the sharing of the Presentation Code unless expressly authorized by the Presenter.

3.4 The Provider may elect to provide free-of-charge, time-limited test access to individual services or to the entire Service. Such access shall not give rise to any claim to any similar access or promotion in the future.

4. Presenter's Rights and Obligations
4.1 The Licensee may only use the Service in accordance with the contractual provisions and all applicable laws.

4.2 The Licensee may not make use of any software or any other technical means in order to modify, extend or threaten the functionality of the Service. In particular, the Licensee may not attempt to access the Service through any technical means other than the interfaces named in the Service Description, the Portal, and the App.

4.3 If the Provider reasonably suspects that the Presenter is making use of the Service in breach of the provisions of this clause 6 or any other contractual provision agreed between the Parties, or that any third party is using the Presenter's access credentials to access the Service without authorization, the Provider shall be entitled to suspend the Presenter's access to the Service until the issue has been resolved. Save where any delay would prejudice the Provider's Interests, the Provider shall afford to the Presenter the opportunity to make representations before taking such action. During any period of suspension of services, the Presenter shall remain bound by all contractual obligations, unless the Presenter is not responsible for the circumstances that have given rise to the suspension.

5. Rights to Presentations and Presenter's Obligations
5.1 The Provider only provides the Software, which enables Presenters and Users to communicate. Submitted information of the User is integrated on the user’s own responsibility in the provider’s service and shown there. If the publication of the information violates any legal requirements, the provider will review the relevant information within the scope of his legal obligation as provider in the course of the tele-media service and delete the information, if he is legally obligated.

5.2 Where the Licensee instructed the Provider to show presentations on the Slideflight website and this presentations or parts of it are protected by rights of third parties (e.g. rights to a name, copyright laws, data privacy laws, personal rights, trademark laws, or other industrial property rights), the Licensee grants to the Provider a perpetual, worldwide, free-of-charge and unlimited, but in case of doubt revocable, license to publish such information within the Service, including without limitation
a) to store such information on any server owned by the Provider or operated by any third party on behalf of the Provider;
b) to provide access to such data via the Internet and the App publicly and to share this information via email;
c) to edit and reproduce the data to the extent necessary for the operation of the Service.

5.3 The Presenter shall be responsible for ensuring that he or she has all necessary rights in each such Presentation.

5.4 The Presenter warrants that the Presentations shall not infringe upon any legal prohibition or any third party rights (such as rights in any name or trademark, any copyright, or any data protection or privacy rights).

5.5 The Provider reserves for itself the right, to monitor any person whom it considers, at its sole discretion, to be in breach of such provision, and to take all appropriate actions. Without limitation, the Provider shall in particular be entitled to suspend access to specific content of Presentations in the event that it reasonably believes that any breach of any legal requirement or the above provisions has occurred.

5.6 In the event of any negligent or willful breach of these terms of use, the Licensee shall be liable to compensate the Provider in respect of all direct and indirect loss or damage, including any financial loss or damage.

§ 6 Warranty
6.1 The Provider shall resolve all properly reported defects and disruptions to the Service within a reasonable time. The Presenter shall at its own cost provide all reasonable assistance to the Provider to ensure the prompt analysis and correction of errors, including without limitation by reporting error messages to the Provider by e-mail.

6.2 Error reports raised in accordance with this contract shall, without limitation, include the following information:
a) Detailed error description
b) The precise wording of any error message that may exist
c) A screenshot of the error
d) Steps undertaken to reproduce the error
e) Application protocols
f) Data in respect of the system environment (including the operating system version and details of the browser used, etc.)
Upon request, the Presenter shall make all relevant details available to the Provider without delay.

6.3 The Presenter shall initially remain bound by any agreed obligation to pay the charges in the event of any defect or disruption. The Presenter's right to recover any payment, in whole or in part, in the event of any defect on the grounds of unjust enrichment shall not thereby be affected.

7. Defects, damages, and remedies
7.1 The Provider's shall only be liable for defects in the Service that exist at the time of entering into this contract to the extent that it has caused such defect. Moreover, the Provider shall be liable for general and special damages, for any reason whatsoever, solely in respect of the following:
a) Liability in respect of any willful breach, or in breach of express warranty.
b) In the event of gross negligence, the Provider shall be liable to the full extent of any loss that was reasonably foreseeable at the time of entering into the contract.
c) In the event of negligent breach of any material obligation, the fulfillment of which is inherent to the orderly performance of the contract, and upon which the User regularly and lawfully places reliance, breach of which threatens the fulfillment of the contractual purpose ("Fundamental Breach") the Provider shall be liable to the full extent of any loss that was reasonably foreseeable at the time of entering into the contract.
d) The Provider shall not be liable for any other negligent breach of any obligation.
e) All liability for any distribution of the Presentation Code by any User is similarly excluded.
f) Notwithstanding the foregoing, any liability in respect of death or personal injury, or any claim for product liability, shall be governed by the ordinary legal rules without limitation.

7.2 The Provider shall be entitled to assert contributory negligence.

7.3 The Presenter shall initially remain bound by any agreed obligation to pay the charges in the event of any defect. The Presenter's right to recover any payment, in whole or in part, in the event of any defect on the grounds of unjust enrichment shall not thereby be affected.

§ 8 Duration and Termination
8.1 The cost-free Private License runs for an indefinite period. Each Party may terminate this contract about the Private License upon fourteen (14) days' written notice, to include notice given by e-mail.

8.2 Licenses liable for costs have the agreed duration. The Trial License has a duration of 30 days and ends after the expiration of this period without any notice of termination being required.

8.3 Each Party shall be entitled to terminate this contract with immediate effect in extraordinary circumstances for a substantial reason. A substantial reason shall exist in respect of the Provider, if the Licensee materially breaches the Contract and fails to remedy such breach within a reasonable period.

8.4 If the Provider terminates this contract for a substantial reason, or if it suspends access in accordance with clause 5.4, the Licensee shall not be entitled to any refund.

§ 9 Data Protection
9.1 To the extent that the Presenter makes use of the Service to process any data relating to any identified or identifiable persons, the Presenter shall be solely responsible for ensuring that any person whose data is processed has consented to such processing or that the Presenter is otherwise legally entitled to undertake such processing. The Presenter shall at all times remain the responsible Data Controller in respect of such data.

9.2 Moreover, the terms of the Data Protection Policy shall apply to the Service.

§ 10 Right to effect changes
10.1 The Provider shall be entitled to amend or supplement these terms of use to the extent necessary to address any subsequent change in the balance of rights and obligations between the Parties or to adapt to any legal and/or technical developments. Changes to the terms of use shall be notified to the Presenter's registered e-mail address not less than six weeks in advance. Such changes shall be deemed accepted by the Presenter if not rejected within six weeks of receipt. Timely notification of the rejection of the change within the specified time period shall be sufficient. Such rejection may be made by e-mail or regular mail to the addresses given for legal notices.

10.2 The Provider undertakes, in such notification e-mail, to draw the Presenter's attention to the specific significance of the six-week time period, as well as the legal consequences of the failure to reject the change. The specified legal consequences shall only take effect if such notice is actually given. The Provider undertakes, in the event that the Presenter rejects such changes, to terminate this contract in an orderly fashion in accordance with clause 10 of these terms of use.

11 Indemnity
13.1 The Licensee indemnifies the Provider in case of a violation of the §§ 3-7 of any third-party claims against the Provider, the legal representatives and/or the vicarious agents. All further claims remain reserved.

12 Conclusion of contracts
13.1 The provider will offer the Licensee the License which the Licensee has chosen on the website before downloading the Software. The contract comes into existence as the Licensee agrees to this License text by clicking on the corresponding declaration.

13 Applicable law and jurisdiction
13.1 The laws of the Federal Republic of Germany shall apply and the UN Convention on the Sale of Goods is hereby excluded.

13.2 If the Presenter acts in the course of business, or is a legal person under public law or a special fund under public law, or if the Presenter lacks an address for service in Germany, the place of jurisdiction for all disputes arising under or in connection with this contract shall be the registered office of the Provider.

Slideflight Users

1.2 Possible former contractual relationships with Senovo GmbH are abolished by completing this contract.

1.3 Only the provisions of these terms of use headed "Slideflight Users" shall apply to Users of the Service. Use of the Service by Presenters shall be be governed by the provisions entitled "Slideflight Presenters." In each case, such provisions shall form the entire agreement between the Provider and the Presenter or the User, including where the Provider does not expressly exclude or contradict any term not expressly contained herein.

2. Provider's Services
2.1 The Provider makes the Service to the User for download via the internet during the term of this contract. Access to the Service takes place through the use of a current web browser (via the Portal) or via the App. Access to the Service requires the User to possess access credentials, which the Presenter shall supply to the User in each case. Presentations are only accessible to the extent that Presenters make them available from their computers.

2.2 The Provider makes the Portal and the App available as-is in their current form. The Provider plans to offer additional functionality and reserves for itself the right to modify the whole of the Service and its functionality (or any part thereof), and to offer services and functions that may differ from the Service, provided that it shall not exercise such right unreasonably to the detriment of the User.

2.3 The Provider shall be responsible for providing the Service such that it is accessible at the point where the data center where the Service is hosed connects to the Internet (the "Point of Delivery."") The internet connection itself shall not form part of the scope of service. The User requires an adequate Internet connection with sufficient performance to make use of the Services.

2.4 The Provider warrants that the Service shall achieve availability during each calendar month of 98% ("Availability). Non-availability shall apply when the Service is not wholly available as a result of circumstances within the control of the Provider. Non-availability shall not apply if the Service is unavailable as a result of
a) force majeure,;
b) internet connectivity issues,
c) user error or breach of contract on the part of the Presenter and/or the User; or
d) planned maintenance (cf. clause 2.5).

2.5 The Provider may temporarily suspend the Service for maintenance ("Planned Maintenance"). Planned Maintenance take place during the maintenance slots between 23:00 and 08:00. The Provider shall give the Presenter not less than two days' prior notice of planned maintenance via the webpage located at www.slideflight.com. The duration of planned maintenance within any month shall not exceed twelve (12) hours.

2.6 The Provider shall provide support for the Service only to the extent specifically agreed between the Parties.

2.7 The Service, Presentations made available using the Service, and other information are subject to the general law of copyright. Rights in software, the data and database rights, as against the User, are exclusively reserved to the Provider and/or the Presenter. Any distribution of the Software to any third party (save as expressly permitted herein), and any disclosure, publication or performance of any Presentation or information that is protected by copyright, is hereby prohibited.

3. Use of the Service
3.1 Use of the Service is currently free-of-charge for the User. The Provider nevertheless reserves the right, subject to prior notification being given to the User, to require payment of a fee to access any functionality that is currently offered free of charge, or to access any functionality that may be offered in future.

3.2 The User receives an electronic link from the Presenter (hereafter the "Presentation Code"), which gives access to the Presentation, by direct nomination or via a forwarded e-mail. The User may then view the Presentation via the Portal or using the free App, which the User may elect to install.

3.3 If the User provides an e-mail address to Slideflight, the Presentation to which the User has been granted access will also be sent to the User as an e-mail attachment.

4. User's Rights and Obligations
4.1 The Use may only use the Service in accordance with the contractual provisions and all applicable laws.

4.2 The User may only disclose any Presentation Code to a third party when expressly permitted to do so by the Presenter.

4.3 The User may not make use of any software or any other technical means in order to modify, extend or threaten the functionality of the Service. In particular, the Presenter may not attempt to access the Service through any technical means other than the interfaces named in the Service Description, the Portal and the App.

4.4 If the Provider reasonably suspects that the User is making use of the Service in breach of the provisions of this clause 4 or any other contractual provision agreed between the Parties, or that any third party is using the User's access credentials to access the Service without authorization, the Provider shall be entitled to suspend the User's access to the Service until the issue has been resolved.

5 Rights in User Information
5.1 The Provider only provides the Software, which enables Presenters and Users to communicate. Submitted information of the User is integrated on the user’s own responsibility in the provider’s service and shown there. If the publication of the information violates any legal requirements, the provider will review the relevant information within the scope of his legal obligation as provider in the course of the tele-media service and delete the information, if he is legally obligated.

6. Defects, damages and remedies
6.1 The Provider's liability under this contract is limited to its statutory obligations and all other warranties are hereby excluded to the fullest extent permissible by law. The Provider shall be liable for damages (including special damages), for any reason, solely in the following circumstances:
a) Liability in respect of any willful breach, or in breach of express warranty.
b) In the event of gross negligence, the Provider shall be liable to the full extent of any loss that was reasonably foreseeable at the time of entering into the contract.
c) In the event of negligent breach of any material obligation, the fulfillment of which is inherent to the orderly performance of the contract, and upon which the User regularly and lawfully places reliance, breach of which threatens the fulfillment of the contractual purpose ("Fundamental Breach") the Provider shall be liable to the full extent of any loss that was reasonably foreseeable at the time of entering into the contract.
d) The Provider shall not be liable for any other negligent breach of any obligation.
e) Notwithstanding the foregoing, any liability in respect of death or personal injury, or any claim for product liability, shall be governed by the ordinary legal rules without limitation.

6.2 The Provider shall be entitled to assert contributory negligence.

7. Termination
7.1 Each Party may terminate this contract upon fourteen (14) days' written notice, to include notice given by e-mail.

7.2 The User shall not retain any access to any Presentations following termination or expiration of the User Agreement.

7.3 Each Party shall be entitled to terminate this contract with immediate effect in extraordinary circumstances for a substantial reason. A substantial reason shall exist in respect of the Provider, if the User materially breaches the Contract and fails to remedy such breach within a reasonable period.

8. Right to make changes
8.1 The Provider shall be entitled to modify or supplement these terms of use to the extent necessary to redress any subsequent change in the balance of rights between the Parties or to adapt to any technical or legal developments. Changes to these terms of use shall be notified to the User at his or her registered e-mail address not less than six weeks in advance. Such changes shall be deemed accepted by the User if the User does not reject the changes within six weeks of receipt of the notification. A timely response within the specified period, rejecting the change, shall be sufficient to take effect. Such rejection may be sent by regular mail or by e-mail to the addresses specified in the legal notices.

8.2 The Provider undertakes, in the e-mail notifying the User of the changes, to highlight the significance of the six-week notice period and to specify the legal consequences of silence. The specified legal consequences shall only take effect if such notice has actually been given. The Provider undertakes, in the event that the User rejects the changes, to terminate these terms of use in an orderly fashion in accordance with clause 9.

9. Applicable law and jurisdiction
9.1 The laws of the Federal Republic of Germany shall apply, and the UN Convention on Contracts for the Sale of Goods is hereby excluded.

9.2 If the User acts in the course of business, is a legal person under public law, or is a special purpose fund governed by public law, or if the User does not have an address for service in Germany, the place of jurisdiction for the purpose of any disputes arising out of or in connection with this contract shall be the Provider's registered office.