These Service Terms govern the use of the VantageBox solution, a web application that provides central access to information and content from various communication platforms via a browser, (“App”) available on the Internet at https://vantagebox.com in the context of a beta program, The App is provided and hosted by Open-Xchange AG, Hohenzollernring 72, 50672 Cologne, Germany ("OX"). The user (“You” or “User”) accepts these Terms of Use by completion of the online registration process. User must also confirm that he/she is at least 13 years old. If he/she is younger than 18, the User must declare whether the consent of a parent or legal guardian has been obtained. If User does not accept these terms, he/she may not access or use the App.
You will keep confidential any login credentials used to log-in to the App. You shall not allow another person to use your login credentials. The User will notify OX without undue delay of any loss, theft, breach of confidentiality or unauthorized disclosure or use of any login data and/or any unauthorized use of such login data or the App. You will be liable for any losses, damages and claims resulting from the unauthorized access to or use of the App with login credentials related to you.
OX provides a free beta version of the App on its website https://vantagebox.com. OX may change the scope, functionality, interoperability and appearance at any time. You may not use the App for any purpose that is prohibited by these Terms of Use.
The use of the App is free of charge. OX may start to charge usage fees for the App at any time.
In connection with the use of the App by the User, OX collects and uses automatically generated error and crash reports, as well as information provided personally by the User regarding errors, requests and suggestions. OX uses this information to further develop the App, to reproduce and eliminate errors and to improve the user experience. The User agrees to the collection and use of this data for the aforementioned purposes by OX. The processing of personal data for the purpose of providing the functionalities of the App is carried out in accordance with the separate Privacy Policy, which is available within the app and on the homepage.
You are responsible for all your activity in connection with the App, including without limitation all data and information (“Data”) that is inputted into the App. You are responsible for the accuracy, quality and legality of your Data and of the means by which you acquired or transmit such Data into the App. You shall maintain appropriate security, protection and backup copies of your Data. OX will not have any liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Data.
You agree that you will only use the App (including features thereof and products or services offered thereon) for their intended purpose. You shall not (and shall not permit or authorize any third party to): (a) sell, resell, rent, copy, lease, distribute or otherwise transfer or commercially exploit the App; (b) save, store, archive, or create derivative works of any portion of the App; (c) reverse engineer or otherwise decompile the App; or (d) take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Data on or through the App that: (i) fails to comply with these Terms of Use; (ii) infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary or other right of any other person or entity or violates any law or contractual duty; (iii) contains material that promote unlawful or illegal goods, services, or activities or contains false, misleading, or deceptive statements, depictions, or sales practices; (iv) is unlawful, obscene, harassing, defamatory, illegal, libelous, fraudulent, tortious, or is otherwise inappropriate as determined by OX in our sole discretion; (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of OX or of any third party; (vi) violates the security or integrity, or impairs or disrupts of any OX network, computer or communications systems, software application or network or computing device; or (vii) impersonates any person or entity, including any of OX’s and their respective affiliates; employees or representatives. Further, you agree not to use technical or other means to circumvent these Terms of Use or any content protection technology used on this site or in the App.
OX has the right to terminate your use of the App, in whole or in part, with or without notice, in its sole discretion, for any reason or no reason at all, including, but not limited to, if OX determines (in its sole discretion) that your use of or conduct on or related to the App (i) violates these Terms of Use or any additional applicable terms and conditions, (ii) is harmful to OX, its customers or vendors, another user or any other party, or (iii) violates applicable law.
The User will maintain any business, financial or technical information of OX communicated to the User in connection with these Terms of Use, including but not limited to any information relating to OX’s product plans, designs, costs, product prices and names, finances, marketing plans, business opportunities, personnel, research, development or know-how (“Confidential Information”) in strict confidence and will exercise due care with respect to the handling and protection of such Confidential Information, consistent with its own policies concerning protection of its own Confidential Information of like importance (but in no event less than reasonable care). The User will use and disclose the Confidential Information of OX only as expressly permitted herein, and – if it is a business – will disclose such Confidential Information only to its employees and consultants as is reasonably required in connection with the exercise of its rights and obligations under these Terms of Use. However, the User may disclose Confidential Information of OX pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the receiving party gives reasonable notice to OX to afford OX an opportunity to intervene and contest such order or requirement. Any such disclosure by the User of the Confidential Information of OX, will, in no way, be deemed to change, affect or diminish the confidential and proprietary status of such Confidential Information.
These obligations shall not apply to information that: (i) is in or enters the public domain without breach of these Terms of Use through no fault of the User; (ii) the User was demonstrably in possession of prior to first receiving it from OX; (iii) the User can demonstrate by objective evidence was developed by the User independently and without use of or reference to OX’s Confidential Information; or (iv) the User receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation.
Within five (5) days of a termination or expiration of these Terms of Use, the User will destroy all Confidential Information (and all copies and extracts thereof) of OX in its control or possession. The User will certify to OX that all copies of Confidential Information of OX have been returned to OX or destroyed.
OX and its licensors shall be the sole and exclusive owner of all right, title and interest in the App and all Intellectual Property Rights therein and thereto, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the App, as well as the trademarks, service marks, and logos contained therein. Subject to the User’s compliance with these Terms of Use, OX grants the User a non-exclusive, non-transferable, limited right to use the App for its own (business) purposes. Any other use of the App requires the prior written approval of OX.
The following warranty exclusions do not apply to intentionally concealed defects. THE APP IN ITS BETA VERSION IS PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. OX AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, SERVICE PROVIDERS AND LICENSORS DO NOT WARRANT THAT: (I) THE APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WITH THE APP WILL BE CORRECTED (III) THAT THE DATA WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED; (IV) THAT THE APP WILL NOT HARM COMPUTER SYSTEMS; OR (V) THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS. FURTHERMORE, OX DOES NOT GUARANTEE THAT THE APP WILL BE UPHELT UNCHANGED IN WHOLE OR IN PART.
You shall defend, indemnify, and hold harmless OX, its affiliates, its vendors and each of OX’s and their respective employees, contractors, directors, officers, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the App, violation of these Terms of Use, the Privacy Policy or infringement by you of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with OX in asserting any available defenses.
OX shall be liable without limitation for intent and gross negligence; arising out of injury damaging to life, limb or health; for willful misconduct; a breach of a given guarantee 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 the User 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 User suffers a loss of data through the fault of OX and the recovery of the data is not possible or is made considerably more difficult due to a missing or inadequate data backup, the liability of OX is limited to the amount of the damage that would have occurred with an appropriate data backup. 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.
OX shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the App at any time by posting a notice on the App or by sending you with reasonable advance notice via e-mail or by another appropriate means of electronic communication. Unless noted otherwise, material changes to the Terms of Use will become effective thirty (30) days after they are communicated to the User. If the changes will apply to new features or functionalities, they will be effective immediately. In the event that the User does not agree to the changes, this agreement may be terminated with immediate effect.
The User may terminate this contract at any time by written notice or by deleting his/her user profile. OX may also terminate this contract at any time by giving written notice or by deleting the user profile. The right to extraordinary termination remains unaffected on both sides.
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 the User is 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.
The European Commission provides an online dispute resolution platform at http://ec.europa.eu/consumers/odr. OX does not participate in dispute resolution proceedings in front of a consumer arbitration board in the Federal Republic of Germany.
User will receive notifications about his/her services and the provisions of Terms of Use to the e-mail address that is stored in his/her user account. It is the User's responsibility to ensure that the information listed in his/her user account is up-to-date at all times.
The User may not assign these Terms of Use, in whole or in part, without OX’s prior written consent. Any attempt to assign these Terms of Use without such consent will be null and void. OX may freely assign these Terms of Use to its affiliates or successors without the User’s consent. Subject to the foregoing, these Terms of Use shall bind and inure to the benefit of the Parties, their respective successors and permitted assigns.
No failure of either Party to exercise or enforce any of its rights under these Terms of Use will act as a waiver of such rights.
These Terms of Use (including items incorporated by reference and amendments that may be made by OX from time to time) constitutes the entire agreement between OX and the User with respect to the Services and supersedes all prior agreements between the User and OX with respect to the subject matter hereof. Any items or services provided by OX for the provision of the Services are covered by this Agreement unless expressly agreed otherwise. If there is any conflict between these Terms of Use and any other document, the provisions set forth in these Terms of Use shall prevail.
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.
Termination or expiration of this agreement shall not relieve either Party of any obligation under these Terms of Use which was to have been performed by such Party prior to the termination. All provisions of this agreement which by their nature are intended to survive the termination or expiration of this Agreement including, without limitation, the provisions of Section 7 (Confidentiality), 8 (Proprietary Rights), 13 (Limitation of Liability) and 16 (General) will survive the termination of this Agreement.
Effective Date: 10.09.2024
For general App questions or to give feedback, please contact the VantageBox Team at
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