Terms and Conditions

Diese Seite auf Deutsch: Allgemeine Geschäftsbedingungen (AGB)

1. Provider and scope

(1) These terms govern the use of AmadeusShare — the website at [Domain], the service operated on our servers (including the pages opened in a browser for invitations and meetings) and the AmadeusShare desktop app — between you and [Firmenname / Company name] [Rechtsform], [Anschrift / Address], [Handelsregister / Register entry], VAT ID [USt-IdNr. / VAT ID], represented by [Vertretungsberechtigte / Managing director], email [Kontakt-E-Mail / Contact email] ("we", "us").

(2) AmadeusShare is offered to consumers and to entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that predominantly fall outside their trade, business or self-employed profession (Section 13 of the German Civil Code, BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its trade, business or self-employed profession when entering into a legal transaction (Section 14 BGB). Provisions that apply only to one of these groups are marked accordingly.

(3) Deviating, conflicting or supplementary terms of our customers do not become part of the contract unless we expressly agree to them. Individual agreements, in particular on paid plans, take precedence over these terms.

(4) How we process personal data is explained in our privacy policy.

2. Early-access test phase

(1) AmadeusShare is currently in an early-access test phase. The service is still being developed; subject to section 3(4), functions may change, be restricted or be discontinued. Errors and interruptions must be expected.

(2) We therefore recommend keeping copies of important files outside AmadeusShare as well, for example on your own devices (section 10(4)).

(3) No service levels are guaranteed during the test phase (section 11).

(4) We will inform registered users in good time and in text form of the end of the test phase and of any resulting changes to these terms (section 15).

3. Our services

(1) AmadeusShare currently comprises in particular:

• a desktop app for macOS, Windows and Linux;
• storage and synchronisation of files in spaces, with version history, file locking and a trash;
• sharing of files and spaces with members of your own workspace and with users of other workspaces; recipients in other workspaces receive their own copy; share types such as read-only, one-time download or collaborative editing, optionally with an expiry date and a download limit; there are no public links that anyone can open;
• optional private spaces with end-to-end encryption (section 10);
• video meetings with audio, video, screen sharing and chat (including sending small files); on paid plans, guests without an account can join a meeting in the browser with its call code or join link and their name; an invitation is valid only for its meeting and ends with it;
• an optional encrypted vault on an external USB drive (local backup and synchronisation);
• notifications by email and in the app.

(2) The following are currently not part of the service in particular: recording or transcription of meetings, a whiteboard, AI functions that process your content, public share links and online booking of paid plans.

(3) The scope of use depends on your plan (section 5).

(4) We may develop the service further. We will only change the services of a paid plan during its term if there is a valid reason (for example legal requirements, security needs or technical developments), the change causes you no additional costs, and we inform you clearly, comprehensibly and in good time. If such a change impairs your access to or use of the service more than insignificantly, consumers may terminate the contract free of charge within 30 days of receiving the information or of the change, whichever is later (Section 327r BGB).

4. Registration, user account and workspace

(1) Using AmadeusShare requires a user account. Natural persons must have unlimited legal capacity. Each account belongs to one person; access data must not be passed on to others.

(2) An account is created by self-registration, by accepting an invitation to an existing workspace or, during the test phase, by us at your request. The presentation of AmadeusShare on our website is not an offer. By completing registration you make an offer to conclude a contract of use on the basis of these terms, which we accept by setting up your account.

(3) If you register yourself, we create a new workspace on the Free plan and you become its owner. Please confirm your email address using the link we send you; it is valid for 48 hours. Until you confirm, users of other workspaces cannot share files with you by email. An account that is not confirmed within 30 days is deleted together with its workspace; we remind you a week before.

(4) An existing workspace can only be joined by invitation from its owner or an administrator. An invitation is valid for seven days.

(5) Roles:

• Owner: the person who created the workspace, or the member to whom its ownership was later transferred. The owner manages the workspace and can delete it together with all its data, including the accounts of all members.
• Administrators: can invite people, change the role of members between "member" and "administrator", and suspend or remove members.
• Members: use the workspace; they only see files and spaces that have been shared with them.
• Guests: take part in individual meetings only and have no access to files.

The owner can transfer the ownership of the workspace in the desktop app to a member or administrator with a confirmed email address; the previous owner then becomes an administrator. The owner and administrators can suspend members (the account can no longer be used, nothing is deleted, and it can be reactivated) or remove them from the workspace (the account is deleted); administrators can do so only for members, and nobody can do so for the owner or for themselves. When a member is removed or deletes their account, what they own in the workspace passes to its owner (section 12(3)). Where the owner cannot act, for example because their account is suspended, we can transfer the ownership, or suspend or remove a member, at the request of the organisation that uses the workspace: [Voraussetzungen und Nachweis / Conditions and proof].

(6) Keep your password confidential and protect it from access by third parties. If you suspect misuse, please inform us without delay. If you forget your password, you can reset it with a link that we send to your email address.

(7) Your details must be accurate. If your email address changes, please change it in the app.

(8) If you use a workspace as its owner for an organisation or invite other people, you are responsible for ensuring that their use complies with these terms. If you store personal data of third parties in a workspace, you are responsible for its lawful processing; for business customers we act in this respect as a processor under a data processing agreement.

5. Plans and limits

(1) We offer the plans Free, Personal, Team, Business and Enterprise. The limits of each plan — including storage space, number of members and spaces, maximum file size, versions per file, number, duration and participants of meetings, meeting minutes and download volume per month, devices per user and active shares — are shown in our pricing overview at [Domain] and in the app. For paid plans, the individual agreement takes precedence.

(2) When a limit is reached, the function concerned is restricted; for example, no further uploads are possible or meetings are limited to the duration provided for in the plan. The monthly download volume is a fair-use guideline. Data already stored remains unaffected.

(3) The Free plan is free of charge. We may change its limits for the future and will inform you at least [Ankündigungsfrist / Notice period for changes] in advance in text form.

(4) A change of plan is currently made by agreement with us.

6. Fees and payment

(1) The Free plan is free of charge.

(2) Paid plans are currently only available by individual agreement through our sales contact; online booking is not yet possible. The following prices apply: [Preise / Prices]. Unless stated otherwise, prices for consumers include statutory VAT and prices for entrepreneurs are subject to statutory VAT.

(3) Billing period, due date and payment method: [Abrechnungszeitraum und Zahlungsbedingungen / Billing period and payment terms]; payment processing: [Zahlungsdienstleister / Payment provider].

7. Right of withdrawal for consumers

There is no payment obligation for using the Free plan. Before paid plans are offered to consumers, the statutory information on the right of withdrawal and the model withdrawal form will be inserted here: [Widerrufsbelehrung / Withdrawal notice]

8. Your content and rights of use

(1) "Content" means all files, names, messages and other information that you upload, create or transmit via AmadeusShare. All rights in your content remain with you.

(2) You grant us the non-exclusive, non-transferable right, free of charge and limited to the term of the contract and the deletion periods under section 12, to store your content, to reproduce it (including versions and technically necessary copies), to encrypt and decrypt it, to transmit it to the recipients you designate and to create copies for recipients in other workspaces — in each case only to the extent necessary to provide AmadeusShare to you. We do not use your content for any other purpose, in particular not for advertising, for analysing its substance or for training AI models.

(3) You are responsible for your content. You warrant that you hold the rights required to store and share it and that your content does not infringe the law or the rights of third parties. If your content contains personal data of third parties, you are responsible for ensuring that there is a legal basis for this.

(4) We are under no general obligation to monitor content. We access content only if you ask us to (for example in support), where necessary to deal with a notice under section 9, or where we are legally obliged to. Content in private spaces is not accessible to us (section 10(2)).

(5) Content that you store in the normal (not end-to-end encrypted) spaces of a workspace that you joined as a member stays in that workspace when you leave it. By storing it there, you agree that on your departure — deletion of your account or removal from the workspace — it passes to the owner of the workspace as described in section 12(3), and that we continue to store it for the workspace and make it available to its owner on the terms of paragraph (2). Where you use a workspace of an organisation, your relationship with that organisation governs the rights in your work. This paragraph does not apply to your own workspace, of which you are the owner. [Rechtliche Prüfung / Legal review]

9. Prohibited use; notices of illegal content

(1) You must not use AmadeusShare to store, share or transmit content that is illegal or infringes the rights of third parties, in particular copyrights, trademark rights, personality rights and data protection rights. This includes in particular depictions of child sexual abuse, content inciting hatred or violence, and malware.

(2) You must also not:

• send unsolicited mass invitations or messages (spam);
• harass or deceive other users;
• circumvent or test the security of AmadeusShare, access data of others without authorisation or overload the service;
• circumvent the limits of your plan;
• access the service by automated means other than through the desktop app, the browser pages and the interfaces we have released for this purpose;
• decompile or reverse engineer the software, except where permitted by law (Sections 69d and 69e of the German Copyright Act, UrhG);
• resell AmadeusShare or make it available to third parties without our consent.

(3) If there are concrete indications of a breach, we may take appropriate measures, in particular block access to content, suspend accounts temporarily or permanently, or terminate the contract (section 14). In doing so we take into account the legitimate interests of those involved, in particular any fault, and generally issue a warning first unless this is unreasonable. We inform the person concerned of the measure and the reasons for it (Article 17 of the Digital Services Act, DSA). You can send objections to [Kontakt-E-Mail / Contact email]; we will review them.

(4) Anyone can notify us of content they consider illegal at [Kontakt-E-Mail / Contact email]. The notice should contain: an explanation of why the content is illegal; information that allows us to identify the content (for example file name, workspace, time of sharing); the name and email address of the person submitting the notice (not required for notices concerning depictions of child sexual abuse); and a statement that the information is accurate and complete to the best of their knowledge (Article 16 DSA). We process notices promptly, diligently and objectively and inform the person who submitted the notice of our decision.

(5) Single point of contact for authorities, the European Commission and users under Articles 11 and 12 DSA: [Kontakt-E-Mail / Contact email]; languages: German and English.

(6) Entrepreneurs shall indemnify us against claims by third parties based on a culpable breach of this section 9 by them or their members, including the reasonable costs of legal defence.

10. Encryption and your responsibility

(1) In normal spaces, file contents are encrypted on our server. The keys are managed by our server; we can therefore technically decrypt the contents (privacy policy, section 3.4).

(2) Private spaces are end-to-end encrypted. The keys are derived from a recovery phrase that is generated on your device and that we never receive. You alone are responsible for keeping the recovery phrase and your passphrase safe; keep a copy offline in a secure place. If you lose the recovery phrase and no longer have access through any of your devices, the contents are irretrievably lost. We can neither reset the phrase nor restore the contents.

(3) The same applies to the recovery phrase of the encrypted USB vault. You are responsible for the drive itself.

(4) We recommend keeping copies of important files outside AmadeusShare as well. The desktop app can keep copies of synchronised files on your devices. We back up our database daily; file contents in object storage are currently not backed up separately.

11. Availability, warranty and support

(1) We strive to provide AmadeusShare with as few interruptions as possible. During the test phase we give no guarantee of any particular availability and no service levels, unless something else has been agreed individually for a paid plan.

(2) Interruptions may result in particular from maintenance work, security updates, technical faults and circumstances beyond our control, such as disruptions of the internet or of our hosting provider. Where possible, we announce planned maintenance in advance.

(3) For paid plans, the statutory rights in respect of defects apply. For consumers, this includes our obligation to provide updates that are necessary to keep the digital product in conformity with the contract (Section 327f BGB).

(4) We provide support on a best-effort basis by email to [Kontakt-E-Mail / Contact email] or through messages in the app; fixed response times apply only where agreed for a paid plan.

12. Deletion of data, trash

(1) Files you delete are moved to the trash. They remain there for the retention period of your workspace — 30 days unless agreed otherwise — and can be restored until then. By default, about seven days before final deletion, the owner of the file receives a notice in the app. When the period expires, the file and all its versions are finally deleted and can no longer be restored. If you remove a file from the trash in the desktop app earlier, it is deleted from your device; on our server it remains in the trash until the period expires.

(2) The owner can delete the workspace at any time in the desktop app. The deletion takes effect immediately, is irreversible and covers all accounts, files and data of the workspace, including those of all members, and the copies of its files that were shared with other workspaces.

(3) Members can delete their account at any time in the desktop app; the owner or an administrator can remove them from the workspace (section 4(5)). The member's files, spaces and shares in normal spaces then stay in the workspace and pass to its owner; the files in the member's "My Files" are moved into a new space named after the member. Private spaces that only the member belongs to and the member's end-to-end encrypted personal files are deleted and cannot be restored (section 10(2)). A member who owns a private space with other members must hand it over to one of them before deleting their account; if the member is removed instead, such a space remains usable for its other members, but its members can no longer be changed. Before deleting their account, members can save their data and a copy of their own files in the app. For details, see section 6 of the privacy policy.

(4) After the contract ends, we delete the workspace and its data. Please download any files you want to keep beforehand. For residual data in logs and backups, see the privacy policy.

13. Liability

(1) We are liable without limitation in cases of intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and to the extent that we have assumed a guarantee or fraudulently concealed a defect.

(2) In cases of slight negligence, we are liable only for the breach of an essential contractual obligation (cardinal obligation), meaning an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely. In that case our liability is limited to the damage that was foreseeable and typical for this type of contract at the time the contract was concluded.

(3) Otherwise, our liability is excluded.

(4) The above limitations of liability also apply in favour of our employees, representatives and vicarious agents.

14. Term and termination

(1) The contract for the Free plan runs for an indefinite period. You can terminate it at any time without notice, by deleting your workspace in the app as its owner or by notifying us of the termination in text form, for example by email to [Kontakt-E-Mail / Contact email]. Members can end their use at any time by deleting their account in the app (section 12(3)) or by notifying us.

(2) We can terminate the contract for the Free plan by giving [Kündigungsfrist / Notice period] notice in text form.

(3) For paid plans, the individually agreed term and notice period apply: [Mindestlaufzeit / Minimum term], [Kündigungsfrist / Notice period]. For consumers, the statutory provisions apply in any case; in particular, a contract that is tacitly extended after the minimum term can be terminated at any time with one month's notice (Section 309 No. 9 BGB).

(4) The right of both parties to terminate for good cause without notice remains unaffected. Good cause exists for us in particular in the case of serious breaches of section 9, of breaches repeated despite a warning, or of attacks on the security of AmadeusShare.

(5) Otherwise, terminations must be made in text form.

15. Changes to these terms

(1) We may amend these terms if there is a valid reason, for example a change in the law or case law, new functions or security requirements, and the amendment is reasonable for you taking our interests into account. We will notify you of amendments in text form, for example by email or in the app, at least [Ankündigungsfrist / Notice period for changes] before they take effect.

(2) For entrepreneurs, an amendment is deemed accepted if they do not object to it in text form before it takes effect; we will point out this consequence separately in the notification.

(3) For consumers, amendments take effect only with their consent; this does not apply to amendments that are mandatory by law or exclusively to their advantage.

(4) If you do not agree to an amendment, you may terminate the contract. For the Free plan, we may in that case also terminate the contract as of the date on which the amendment was to take effect.

16. Governing law, jurisdiction, dispute resolution

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of the state in which they have their habitual residence.

(2) If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is [Gerichtsstand / Place of jurisdiction]. The same applies if you have no general place of jurisdiction in Germany.

(3) Consumer dispute resolution: [Streitbeilegung / Dispute resolution statement] (information under Section 36 of the German Consumer Dispute Resolution Act, VSBG).

17. Final provisions

(1) Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provisions (Section 306(2) BGB).

(2) These terms are available in German and English. In the event of discrepancies, the German version prevails.

Last updated: [Datum / Date]