The online community of the PSIpenta user group:

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Terms and Conditions for using PSIng

1. Preamble

By registering as a user of PSIng, you agree to the following terms and conditions for the use of PSIng (hereinafter referred to as the “T&Cs”).

PSIPENTA Software Systems GmbH (hereinafter “PSIPENTA”) runs the services of PSIng under the top-level domain psing.org as well as various subdomains and aliases of these domains. All websites on which PSIPENTA provides the PSIng services are referred to collectively as the “PSIng websites”.

These T&Cs govern the contractual relationship between the PSIng user and PSIPENTA, regardless of the PSIng website on which the user is registered or logged in.

The user enters into this agreement for using the services of PSIng with PSIPENTA Software Systems GmbH, Dircksenstraße 42-44, 10178, Berlin. For additional contact information, the commercial register information, as well as the name of the authorized representative of PSIPENTA, see Company Information.

The services provided by PSIng are offered exclusively to employees of PSIPENTA and to employees of customers that use PSIPENTA software products, and have entered into a valid maintenance agreement.

Users can view, download and save these T&Cs at any time, including after the conclusion of the contract, via the “T&Cs” link that appears on all PSIng websites.

2. Object

The PSIng websites offer registered users a closed, free contact forum.

Any use of the services and contents offered on the PSIng websites requires the prior written consent of PSIPENTA.

PSIPENTA will submit the information provided by the PSIng user to other users only if this data and/or information does not violate any laws or these T&Cs. PSIPENTA is entitled to remove illegal content from the PSIng websites without notice.

The PSIng user acknowledges that 100% availability of the PSIng websites is not technically possible. However, PSIPENTA endeavors to ensure that the PSIng websites are available without interruption. In particular, maintenance, security, or capacity issues and events that are not under the control of PSIPENTA (such as disruptions to public communication networks, power outages, etc.), may result in brief disruptions or temporary interruptions to the services provided on PSIng websites.

PSIPENTA offers the PSIng user a platform on which to interact with other PSIng users, and provides only such technical applications that allow general contact between PSIng users.

Employees of PSIPENTA are PSIng users, and engage in communication of content between PSIng users.

If users enter into agreements between themselves on the PSIng websites, PSIPENTA is not partial to these agreements and is therefore not a contractual partner. The PSIng users are solely responsible for the execution and the fulfillment of any agreements concluded between themselves. PSIPENTA is not liable if contact between the PSIng users in relation to such an agreement is not possible via the PSIng websites. Furthermore, PSIPENTA is not liable for any breaches of obligations of PSIng users arising from such agreements concluded between PSIng users.

The administrators of PSIng groups are entitled to choose the members of their groups. They are free to decide who they would like to accept as a member of their group. Members of such closed groups agree to maintain confidentiality.

3. Registration, Assurances on Registration

Before using the services of the PSIng websites, PSIng users must register. Registration is completed via the PSIng websites.

The PSIng user warrants that all data provided during registration is true and complete. The PSIng user must inform PSIPENTA of any changes to their user data immediately. Where a user’s employment with a respective company has ceased, PSIPENTA and customers that use PSIng agree to report such former employees immediately and to block their access to the PSIng websites.

The PSIng user may not use pseudonyms or aliases.

The PSIng user warrants that at the time of registration, he or she is of legal age and an employee of PSIPENTA or an employee of a customer that uses PSIPENTA software products, and has concluded a valid maintenance agreement.

On registration, the e-mail address of the PSIng user will be used as the user name, and the user will be sent a password. The PSIng user agrees to keep this password secret and not to disclose it to third parties. Only a natural person may register, not a legal person or a company. PSIPENTA will not disclose the password to third parties, and will never ask the PSIng user for the password.

By completing the registration process, the PSIng user submits an offer to enter into the agreement to use the services of PSIng websites. PSIPENTA accepts this offer by activating the PSIng user for the services of the PSIng websites. By accepting this offer, the contract between the PSIng user and PSIPENTA becomes effective.

A PSIng user may only register once, and may only create one user profile.

For technical reasons, PSIPENTA cannot determine with certainty whether a PSIng user registered on the PSIng websites is in fact the person that he or she claims to be. PSIPENTA therefore accepts no liability for the actual identity of PSIng users. Each PSIng user is therefore solely responsible for checking the identity of another PSIng user.

4. Obligations of the User

The PSIng user is obliged

 

  • to make true and non-misleading statements in his or her profile and in their communication with other users, and not to use pseudonyms or aliases,
  • to submit only photos of themselves to the PSIng websites that clearly and recognizably depict the PSIng user. The user must ensure that any photographs submitted to the PSIng websites are available for public reproduction. It is not permitted to submit photos or images of other or non-existent persons or other creatures (animals, imaginary creatures etc.).
  • to observe the applicable laws as well as all rights of third parties when using the content and services on the PSIng websites.
  • In particular, it is forbidden for PSIng users
  • to use abusive or defamatory content, regardless of whether this content relates to other users, other persons, or companies,
  • to use pornographic or violent content or any content that violates youth protection laws, or to advertise, offer, or distribute pornographic or violent material or products that violate youth protection laws,
  • to unreasonably burden other users (particularly through spam) (see Section 7 Law Against Unfair Competition, UWG),
  • to use legally protected (e.g. through copyright, trademark, patent, design or utility model law) content without being entitled to do so, or to advertise, offer, or sell legally protected goods or services, or
  • to engage in or promote practices considered unfair competition, including progressive customer acquisition (such as chain, snowball or pyramid systems). 

PSIng users must refrain from the following harassing actions, even if they do not actually violate any laws: 

 

  • sending chain letters,
  • implementing, advertising, and promoting structural distribution measures (such as multilevel marketing or multilevel network marketing), or
  • communicating lewd or sexually suggestive content (explicit or implicit).

The following actions are forbidden:

 

  • Use of mechanisms, software or scripts in connection with the use of PSIng websites. 
  • Blocking, overwriting, modifying, copying, unless this is necessary for the proper use of the services of PSIng websites. Copying using “robot/crawler” search engine technology is not necessary in order to properly use the services of the PSIng websites, and is therefore prohibited.
  • Distribution and public dissemination of the contents of PSIng websites or of any other users.
  • Any act that is likely to impair and in particular to overload the functionality of the PSIng infrastructure.

5. Changes to the Services on the PSIng Websites

PSIPENTA reserves the right to change the services offered on the PSIng websites, or to offer different services unless this unreasonable for the user.

6. Term, Termination of the Contract

The free membership will terminate automatically if a PSIng user is no longer an employee of PSIPENTA or employee of a customer that uses PSIPENTA software. 

The free membership will terminate automatically for all users who are employees of a customer that uses PSIPENTA software if the customer no longer uses this software, or terminates the maintenance agreement.

The PSIng user may terminate the free membership at any time without reason. Notice may be provided using the contact form available on any page of the PSIng websites. When submitting the termination, the user name and an e-mail address registered on the PSIng websites for the PSIng user must be given.

Both parties have the right to terminate for good cause. Good cause for PSIPENTA includes the following events in particular: 

 

  • non-compliance with legal directives by the user,
  • violation by the user of his or her contractual obligations, in particular those contained in the Preamble and Section 4 of these T&Cs,
  • the user advertises for associations or communities – or their methods or activities – that are observed by security or youth protection authorities;
  • the user causes harm to any other user or users.

If there is good cause, PSIPENTA may also impose the following sanctions against the user regardless of termination:

 

  • deletion of content that the user has submitted,
  • issue a warning, or
  • block access to the services of the PSIng websites.

 

7. Responsibility for Contents, Data and/or Information of PSIng Users

PSIPENTA accepts no responsibility for the content, data, and/or information provided by users of PSIng websites, or for the content on linked external websites. In particular, PSIng cannot guarantee that such content is true, fulfills a certain purpose, or can serve such a purpose.

If the PSIng user notices unlawful or non-contractual use of PSIng websites (including the use of pseudonyms or false identities), he or she can report this to PSIPENTA using the contact form accessible on any page of the PSIng websites.

8. Company Profiles

PSIng company profiles are descriptions of companies that use PSIPENTA software products as customers, and have entered into a valid maintenance agreement. PSIPENTA offers these companies the opportunity to claim or create and to edit and use their own PSIng company profile.

The PSIng company profile can be used to present the company and its products and services. PSIng company profiles must not be used for the purposes of multilevel marketing.

PSIPENTA will make the content, data, and/or information provided by the company available to third parties only if such content does not violate any laws or these T&Cs, is not abusive, or does not offend public decency, or if the publication of the content is in any other way unacceptable for PSIPENTA. PSIPENTA is entitled to remove such content, data, and/or information without notice. In such a case, the company will not have any grounds for compensation.

9. Authorization of Customer Administrators 

PSIng company profiles are created, processed, and used by the customer administrators of the company. Customer administrators must be authorized by the company and registered as PSIng users. In the case of a company that consists of only one person, the customer administrator for the company profile must be this person.

If the PSIng membership of a customer administrator ends, this customer administrator may no longer edit or use the company profile. In this case, the company profile is deactivated until the company has appointed a new customer administrator.

The company has the right to revoke the authorization of a customer administrator or to appoint another person as a substitute for the customer administrator. The replacement is authorized following the appointment and authorization of the respective person by the company, and their approval by PSIPENTA.

10. Use of Company Profiles 

The company agrees to comply with these terms and conditions, the applicable laws, and to observe any third-party rights. Own content or third-party content submitted by the company to PSIng must not violate the applicable law, violate the rights of third parties, or in any way jeopardize the reputation of PSIPENTA. In particular, the company is also prohibited:

 

  • from unreasonably burdening other persons (particularly with spam) (see Section 7 Law Against Unfair Competition, UWG),
  • from engaging in or promoting practices considered unfair competition, including progressive customer acquisition (such as chain, snowball or pyramid systems), or
  • from implementing, advertising, or promoting structural distribution measures (such as multilevel marketing or multilevel network marketing), even if such actions do not actually violate any laws.

 

The contents of PSIng company profiles must relate to the company. The following is not allowed: 

 

  • excessive capitalization and punctuation
  • inadequate content
  • URLs that link to external websites that are unrelated to the company.

 

The company is responsible for the actions of its customer administrator to the same extent as its own actions. In particular, the company must ensure that the customer administrators observe the terms and conditions for using PSIng when editing and using the company profile, as well as the applicable laws and all rights of third parties.

If obligations under this agreement, legal regulations, or the rights of third parties are infringed, or if PSIPENTA has any other legitimate interest, PSIPENTA may impose the following sanctions: 

 

  • deletion of content that the company has published in the company profile,
  • temporary or permanent deactivation of the company profile.

 

In particular, PSIPENTA reserves the right to impose the above sanctions if the means of payment specified by the company is invalid, or the company does not meet a payment obligation from other transactions with PSIPENTA on time and/or makes insufficient payment.

Complaints from PSIng users may lead to temporary deactivation of the company profile.

The company is solely responsible for ensuring that the hyperlinks set by the company do not point to third-party content that violates the applicable law.

11. Other Rights and Obligations of the Company 

The company will inform PSIPENTA immediately as soon as there are any significant changes to the status of one of its employees who is a PSIng user, or to the status of the company, which may be relevant to the contractual relationship.

The company may assign rights under the contract to third parties only with the prior written consent of PSIPENTA.

On submitting its content to the PSIng company profile, the company grants PSIPENTA the right to use this content in accordance with all types of use that relate to its publication on PSIng.

12. Online Exchange/Marketplace

The services offered on the PSIng websites include an online exchange/marketplace that allows PSIng users to exchange documents, software program elements (program code), and other files. Two or more parties may be involved in these exchange transactions. The PSIng users can offer these files or submit search queries. If an offer with a search query covers one or more users, PSIng displays these files. The PSIng user can then download and use these files at his or her own risk and liability. PSIPENTA assumes no responsibility for the functionality or quality of the files provided.

By offering the PSIng websites, PSIPENTA simply offers an exchange platform, and is not a provider of the advertised offers, and is also not a contractual partner in the exchange. PSIPENTA also does not act as a representative of PSIng users. 

The PSIng user may only offer files of which he or she is the sole owner, or if the owner has given his or her consent for exchange. The PSIng user must describe the properties of the files submitted to the platform fully, accurately, and truthfully. All key properties must be specified, and any errors that might occur. In the case of program codes and DokuWiki XML files, the PSIpenta version for which these files were created and used successfully must always be specified.

13. Customer Service/Support

The user can send questions and statements about the PSIng services via the contact form accessible from any page of the PSIng websites, or by fax or letter.

14. Liability of PSIPENTA

Claims for damages – for whatever legal reason – against PSIPENTA (including its vicarious agents) that presume slight negligence will apply only if an essential contractual obligation/cardinal duty has been violated. A cardinal duty is an obligation upon whose compliance the user could rely, and whose fulfillment is essential to the proper performance of the contract. 

In this case, claims for damages are limited to the amount of the typical foreseeable damage.

The restrictions do not apply if the damages are covered by the liability insurance of PSIPENTA, and the insurer has paid out to PSIPENTA. PSIPENTA agrees to maintain the cover that existed at the time the contract was concluded.

Claims for personal injury and property damage under the Product Liability Act remain unaffected. The above liability exclusions and limitations also do not apply in the case of explicit guarantees by PSIPENTA, in claims due to a lack of assured properties, or where a procurement risk has been accepted.

PSIPENTA does not offer any guarantee that the information provided on the PSIng websites is complete, accurate, or up to date in all cases. In particular, PSIPENTA assumes no liability for content that is explicitly marked as external content. PSIPENTA is not responsible for ensuring that such content is complete, accurate, up to date or lawful, and does not illegally infringe the legal interests of third parties. This also applies to the content of websites accessed via a link.

Under no circumstances is PSIPENTA liable for damages resulting from a lack of usability or loss of data related to the use of documents or information, or from the provision of services that are accessible on the PSIng websites.

PSIPENTA is not liable for damages arising from the use or non-use of this website. PSIPENTA is not liable for any damage caused when accessing or downloading data by malicious software, or from installing or using software.

Although PSIPENTA constantly strives to ensure PSIng websites are free of viruses, PSIPENTA does not guarantee that these are virus-free. Before uploading or downloading files, the PSIng user must ensure appropriate security measures and virus scanners are in place for his or her own protection and to prevent viruses infecting the PSIng websites.

15. Exemption

The PSIng user will exempt PSIPENTA from all claims, including claims for damages, asserted by other users or other third parties against PSIPENTA owing to infringement of their rights following the posting of content on the PSIng websites by the PSIng user. 

The PSIng user will further exempt PSIPENTA from all claims, including claims for damages, asserted by other PSIng users or other third parties owing to infringement of their rights following the use of services on the PSIng websites by the PSIng user. 

The PSIng user will refund all reasonable costs incurred by PSIPENTA as a result of the infringement of the rights of third parties including costs for legal defense. All other rights and claims for damages by PSIPENTA remain unaffected. The PSIng user has the right to prove that PSIPENTA has in fact incurred lower costs.

The above obligations of the PSIng user do not apply if the user is not responsible for the infringement.

If third-party rights are violated by the content of the PSIng user, the PSIng user will at his or her own expense and at PSIPENTA's discretion, either provide PSIPENTA with the right to use said content or render such content free of any infringement. If the rights of third parties are infringed as a result of the use of the services of the PSIng websites by the user, the PSIng user will immediately cease the non-contractual and/or illegal use at the request of PSIPENTA.

16. Data Protection

PSIPENTA understands that it is very important for PSIng users that all personal data that PSIng users submit to PSIng is handled extremely sensitively. PSIPENTA therefore observes all applicable legal provisions regarding data protection (German data protection laws, European data protection directives, and any other applicable data protection legislation). In particular, PSIPENTA will not pass on the personal data of PSIng users to third parties without authorization or otherwise make such information known to third parties. Details concerning how user data is processed are contained in the PSIng data protection policy, which can be accessed from all PSIng websites.

17. Final Provisions 

PSIPENTA reserves the right to change these T&Cs at any time without stating a reason, unless such an amendment is unreasonable for the PSIng user. PSIPENTA will notify the PSIng user of changes to the T&Cs in good time. If the PSIng user does not question the validity of the new T&Cs within six (6) weeks of the notification, the amended T&Cs will be deemed accepted by the PSIng user. 

Unless otherwise agreed, the PSIng user may submit any correspondence to PSIPENTA by e-mail using the contact form available from any PSIng website, or send such correspondence to PSIPENTA by fax or letter. PSIPENTA may send correspondence to the PSIng user by e-mail, or by fax or post to the addresses specified by the user in the PSIng contact data of his or her user account.

If any provision of these T&Cs is or becomes invalid, the validity of the remaining provisions is not affected.

The place of performance is the headquarters of PSIPENTA.

The legal venue for traders as defined by the German Commercial Code (HGB) is the headquarters of PSIPENTA.

German law applies with the exclusion of international civil law and the UN Sales Law as adopted into German law.