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Effective from August 27, 2023
Welcome to PaperOffice!
PaperOffice is the manufacturer of the eponymous Document Management System "PaperOffice" and AI-based products. Our products facilitate the management, sharing, and collaboration of documents in enterprises. Thanks to our partially cloud-based solutions, you can access them anytime and anywhere via the Internet and on various types of devices like desktops, laptops, tablets, and smartphones. Cloud-based interfaces also support on-premise-based PaperOffice products.
This document, the general terms and conditions of PaperOffice ("Terms and Conditions"), outlines the conditions for using our products. These terms and conditions constitute a legally binding contract between you and PaperOffice, so please read them carefully. If you do not agree, please do not register for our services.
If you use, access, or utilize the PaperOffice services, platforms, products, mobile services, software, websites, or other features owned or operated by PaperOffice, or set up a PaperOffice account ("Services"), you agree to PaperOffice's terms and conditions ("PaperOffice" or "we"). You are entering into this agreement with PaperOffice Limited Europe, a company registered in Gibraltar (Company 117028, TEC 6557-2476-8591-2881), (United Kingdom). The laws of Gibraltar and the English language apply, both spoken and written. The applicability of UN sales law is expressly excluded. This original document was written in English and is the only legally binding document. A translation into another language is purely informational and legally non-binding. If you have trouble understanding the English original documents, seek legal assistance, especially for details of the agreement. If this is not a consumer transaction, the court at our company's headquarters, PaperOffice Limited in Gibraltar, has exclusive local jurisdiction to decide any disputes arising from this contract. All correspondence and its changes, as well as all contract-relevant statements, notifications, and documentation obligations require written form, unless another additional form is agreed upon.
If you are using the Services on behalf of a company, you agree to the Terms and Conditions and assure PaperOffice that you are authorized to bind the company to the Terms and Conditions (in this case, "you" and "your/yours" refer to this company), unless the company has a separate, current, and fee-based contract with us. In this case, the terms of that contract apply to your use of the Services.
To use the Services, you must have the legal authority to accept these Terms and Conditions.
1. Data Protection
2. Changes to the Terms and Conditions
We reserve the right to change these Terms and Conditions. We will post the most current version of these Terms and Conditions on paperoffice.com (the "Website"). If we make significant changes to these Terms and Conditions, we will notify you through the Services and/or via email to the address associated with your account. If you do not agree with the changes, you must discontinue using the Services or cancel your account by emailing the following address: email@example.com. Your continued use of our Services following the posting or notification of changes to these Terms and Conditions constitutes your agreement to the updated terms.
3. Your User Account ("PaperOffice-ID")
Certain aspects of PaperOffice's services require you to create an account by registering with a PaperOffice-ID and a password. When registering with PaperOffice, the following must be met: (a) you provide true, current, and complete information about yourself on the registration form and (b) you maintain and regularly update this information to ensure its accuracy, currency, and completeness.
For instance, if you choose to use DropMail or DropPage, our "PaperOffice Online Services," these services are available as part of PaperOffice's service offering. It is your responsibility to determine whether the features meet your specific requirements as well as the laws and regulations that apply to you. PaperOffice does not undertake to separately retain copies of documents created with DropMail, DropPage, etc. The responsibility for proper archiving of these files rests solely with you.
If you use DropMail or DropPage, you accept the terms and conditions specified here as applicable for your transactions with these services. If you have an administrative console and make adjustments there, the recipient will be presented with your individually tailored terms and conditions for each transaction.
Only you may use your PaperOffice account, and you are responsible for all activities that take place through your account. Each user must have an individual account. Sharing, lending, or transferring your PaperOffice-ID or password is not allowed. If you become aware of unauthorized use of the Services or your account, or have questions about your account, please contact PaperOffice Customer Service.
4. Email Address Chosen for Your User Account
You may choose which email address(es) to register for a PaperOffice account. However, if the domain of the email address associated with your account is owned or controlled by an organization (e.g., your employer or educational institution) and that organization enters into a direct relationship with PaperOffice and wishes to include your account in that relationship, after reasonable attempts to inform you of this change, your account may be associated with this organization. Failure to respond or change the email address associated with your account within fourteen (14) days of this notification could result in your account being deactivated and content within your account being deleted.
If an organization (such as your employer or educational institution) has provided you with access to a PaperOffice account or if you have agreed that your account will be managed by such an organization, you acknowledge that this organization has access and administrative rights over your account. This means they have the authority to (a) control your account, including the ability to lock or delete it; (b) reset your password; (c) view information about your usage and profile, including data on when and how you use your account; and (d) monitor and manage the content within your account.
5. Consent to Electronic Communication and Contact by PaperOffice
If you opt for PaperOffice's On-Premise storage solution, you are responsible for the management and security of your database server. In the case of cloud-based solutions, storage and management are handled by us.
You grant PaperOffice (as well as agents or service providers acting on behalf of PaperOffice to provide the Services) the right to transfer, process, use, and disclose content and other information we receive as part of your use of the Services, but only: (I) to the extent necessary for providing the Services, (II) as allowed by these terms and conditions, (III) as required by law or regulations, and/or (IV) to respond to an emergency.
7. Confidential Information
When using PaperOffice services, confidential, sensitive, or other data may be shared with you that should remain confidential. Such information should always be considered PaperOffice-confidential.
We both agree to treat each other's content, credit card/banking data, and account information confidentially. If either party provides documents not marked as "confidential," such information should also be treated as confidential.
However, data that is already known to us, lawfully shared by third parties, or developed independently, will not be considered confidential. The same applies to any information we provide to you that falls under these categories.
8. Usage Policy
You agree not to use PaperOffice services to harm or facilitate harm to others. Specific prohibitions include damaging the services, unauthorized modification, and using automated processes like bots to access the services. Violating these guidelines may result in legal action.
9. Your Rights Regarding Your Data
You have the right to receive free information about the origin, recipients, and purpose of your stored personal data at any time. You also have the right to request the correction or deletion of this data. If you have given consent for data processing, you can revoke this consent at any time for the future. Additionally, you have the right to request the restriction of the processing of your personal data under certain conditions. You also have the right to file a complaint with the competent supervisory authority. For questions about data protection at PaperOffice Limited Europe, you can contact us at any time.
10. Suspension and Termination of Service
We reserve the right to limit or suspend access to our services under certain conditions, like violation of terms or behavior that jeopardizes operation. In such cases, you may lose access to stored data through our services. Upon termination, you may request access to your stored data within 14 days, unless the termination occurred due to violation of our terms.
PaperOffice may make necessary adjustments, updates, or optimizations to the services at any time. We also reserve the right to add, modify, or remove features, or to completely discontinue our services.
12. Third-Party Products
PaperOffice may offer you additional applications, services, or products from third parties that can be used in conjunction with our services ("Third-Party Products"). These Third-Party Products are not mandatory for using our services. Any interaction concerning these products, whether it's data exchange, license agreements, payments, etc., takes place solely between you and the respective third party. PaperOffice makes no warranties and is not liable for your use of such Third-Party Products. For questions or concerns about third-party products, you should directly contact the respective provider.
13. PaperOffice Copyrights
All content on the website and services, including logos, designs, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement, as well as confidential information, are the exclusive property of PaperOffice or its suppliers, partners, or licensors. PaperOffice or its licensors retain all rights, titles, and interests in the services and any hardware, software, and other resources used to provide the services. Aside from the rights expressly granted to you for using the services and PaperOffice's confidential information, no legal claim or ownership regarding the services or confidential data from PaperOffice is transferred to you through these terms and conditions. If you provide comments, ideas, or suggestions related to any of our services (such as modifications, extensions, or optimizations) – referred to as "Feedback" – this Feedback automatically becomes the property of PaperOffice.
14. No Warranty or Condition
There are certain aspects for which we cannot make assurances in the context of our services. Unless explicitly stated otherwise, we offer no guarantee regarding the specific functions provided by our services, their reliability, availability, or their ability to meet your requirements. To the extent permitted by law, PaperOffice and its partners (as well as related service providers) (a) provide the services "as is", "with all faults," and "as available", (b) make no representations, warranties, or conditions, whether express or implied (e.g., warranty for merchantable quality, suitability for a particular purpose, or non-infringement of rights), and (c) do not assure that the services will run without interruption, without errors, or free from harmful elements, or that the data will be secure or not otherwise lost or damaged. If you are dissatisfied with any aspect of our services or these terms and conditions, your sole option is to discontinue using our services.
To the extent not prohibited by law, you will defend PaperOffice against costs, losses, damages, or other liabilities arising from third-party claims or demands resulting from content or information you provide, or your use of the services, that: (a) infringe upon a registered patent, trademark, copyright, or other intellectual property rights of a third party, or misappropriate a trade secret (to the extent such misappropriation is not the result of PaperOffice's actions); or (b) violate applicable law or these terms. PaperOffice will reasonably inform you of any such claims or demands that are subject to your indemnification obligation and of which the company becomes aware.
16. Terms for Platform Products
"API" refers to the Application Programming Interface you use to access features provided by PaperOffice.
"Content" is as specified in Section 6 but also includes content uploaded by users of the platform application and platform service accounts.
"Monthly Active User" or "MAU" is a platform application user who uses the service at least once in a calendar month through an API call (from or on behalf of the platform application user account).
"Monthly Platform API Calls" refer to any API call made within a calendar month by a platform application to the service for: (a) a platform application user; (b) a user or (c) a platform service account, not exceeding the amount allocated to you. Unless otherwise specified and excluded from monthly platform API calls, API calls may be made for: (I) third-party software application integrations permitted to use your services; (II) applications provided by PaperOffice (e.g., PaperOffice Web App, PaperOffice Desktop); (III) services provided by PaperOffice. For clarity, all API calls resulting from a platform application are considered billable if 95% of the monthly platform API calls are used by you or on your behalf.
"Monthly Platform Bandwidth" is the platform bandwidth consumed on a monthly calendar basis for: (a) a platform application user; (b) a user or (c) a platform service account, not exceeding your allocated amount. Unless otherwise specified and excluded from monthly platform bandwidth, bandwidth is consumed by: (I) third-party software application integrations; (II) applications provided by PaperOffice; (III) services provided by PaperOffice. For clarification, any consumption of platform bandwidth from a platform application will be considered billable if 95% of the monthly platform bandwidth is used by you or on your behalf.
"Platform Application" is an application used by you or for you that utilizes the API to access the services.
"Platform Application User" is a user within a unique identifier created and provided by you and such users to access content in the services governed by the platform application.
"Platform Bandwidth" is the data flow to or from the service as a result of the platform application, measured in gigabytes (GB), not exceeding your allocated amount.
"Platform Products" are PaperOffice APIs that enable programmatic access to the services via a platform application and any additional platform product features and functionalities. Platform products include certain features that allow a service account/user/platform application user to display or comment on content as determined by you ("Display"). The PaperOffice APIs, tools, and services available for developing a platform application in relation to the APIs are also platform products.
"Platform Service Account" is a software application with a unique identifier not originating from PaperOffice, created and provided by you and your access to content in the services governed by the platform application.
"Platform Storage" is the total amount of content, measured in gigabytes (unless otherwise specified), stored by or for all platform application users, platform service accounts, and other users of platform products, not exceeding your allocated amount.
"Platform Usage Limits" refer to your allocated amount for: (I) monthly platform bandwidth, monthly platform API calls, platform storage, and the number of active monthly users, and (II) any other relevant usage limits or restrictions.
"User" is anyone permitted by you to access, store, retrieve, and manage content in an account.
You have access to features and characteristics included in the platform products you have registered or purchased. You commit to integrating the API only into the platform application to utilize specific subscribed features, exclusively through the API and associated tools and services. You ensure your use of platform products complies with platform usage limits, these terms, and applicable law.
Exceeding platform usage limits will result in additional fees and/or reasonable limitations being imposed until excessive use is adjusted.
Without prior written consent from PaperOffice, you may not co-brand platform products or use PaperOffice trademarks, logos, or other PaperOffice-related signs to promote or market platform products.
You are prohibited and ensure that the platform application is not used by you or at your instigation for the following: (a) violation of these terms; (b) covert activities without consent of the platform application user (e.g., downloading components or other software); (c) alteration of a platform application user's system without consent; (d) impersonating a person or organization or misrepresenting the same; (e) unauthorized use by the platform application user unless otherwise authorized concerning their content; (f) scrutiny or analysis of content transmitted, retrieved, or stored with platform products/services (including, but not limited to, spiders, robots, crawlers, data mining tools, or other automated means); (g) bypassing security measures or content filters; (h) using or impairing platform products in a way that could harm, disable, or overload the products; or (i) permitting use in connection with high-risk activities (e.g., emergency services, air traffic control, or nuclear power plants).
17. Special Services and Consultancy Services / Support Services
PaperOffice owns all rights, titles, and stakes in the documentation, templates, training materials, recordings, and other items (collectively referred to as "PaperOffice Materials") that PaperOffice may provide to the customer under this service (including all contained intellectual property rights, except for all confidential customer information and customer logos and brands that may be contained in the PaperOffice Materials, collectively referred to as "Customer Property"). PaperOffice has the right to use such Customer Property solely for the purpose of providing the services to the customer as set forth herein.
During the duration specified in the respective order, PaperOffice hereby grants the customer a fee-free, limited, non-exclusive, non-sublicensable, non-transferable, and terminable license to use the PaperOffice Materials solely for the customer's internal operations in connection with the authorized use of the PaperOffice Service.
None of the provisions herein shall be construed as transferring or assigning intellectual property rights in the proprietary tools, libraries, know-how, techniques, and expertise ("PaperOffice Tools") used by PaperOffice to develop the PaperOffice Materials, and to the extent that these PaperOffice Tools are provided with or as part of the PaperOffice Materials, they are licensed to the customer on the same terms as the PaperOffice Materials, not assigned.
18. Warranty for and Consultancy Services / Support Services
Only in relation to the consultancy services, PaperOffice guarantees the following: (a) PaperOffice and all its employees, consultants, and possibly contractors have the relevant knowledge, skills, experience, and resources to provide and perform the consultancy services according to the relevant data sheet or service description and (b) the consultancy services will be carried out in a professional and competent manner according to industry standards and as per the scope of the services outlined in the data sheet or service description. You acknowledge that PaperOffice's ability to successfully perform the consultancy services depends on you providing information, access to resources, and timely participation as indicated in the relevant consultancy services.
If the consultancy services do not meet the preceding warranty due to no fault or delay on your part and you inform PaperOffice within seven (7) calendar days after PaperOffice has provided the consultancy services, then PaperOffice will re-perform the defective parts of the consultancy services free of charge, provided that misconduct on the part of PaperOffice is identified by PaperOffice.
19. Severability, Entire Agreement
These terms and conditions apply to the maximum extent permitted by law. Should a court decide that part of these terms and conditions is unenforceable as described, you and PaperOffice will replace these conditions with similar ones that are enforceable according to applicable law, but the rest of these terms and conditions remain in effect. This is the entire agreement between you and PaperOffice regarding the services of PaperOffice DMS. It replaces any prior agreement or oral or written statements concerning your use of the services of PaperOffice DMS.
20. Assignment and Transfer
PaperOffice can assign, transfer, or otherwise dispose of its rights and obligations under this agreement, in whole or in part, at any time and without prior notice. You may not assign this contract or transfer any rights to use the PaperOffice DMS Service unless PaperOffice gives you written consent to do so.
21. Relationship of the Parties
PaperOffice and you are not legal partners or agents. Instead, our relationship is one of independent contracting. This agreement serves solely your and our benefit. It does not benefit any other persons unless they are permissible successors.
Failure by PaperOffice or you to insist on strict enforcement of any of the provisions or to exercise any rights or remedies under these terms and conditions shall not be construed as a waiver to use or rely on such provisions, rights, or remedies in that or any other case; they remain fully in force unless expressly waived in writing.
23. General Contract Fulfillment
All goods, services, and offers from the company PaperOffice (hereinafter referred to as PaperOffice, we, or us) are provided exclusively based on these Business and Licensing Terms. We do not acknowledge conditions from the customer (also referred to as the contracting party, licensee, or user) that contradict or deviate from these terms unless we have explicitly agreed to their validity. Contractual actions by PaperOffice should not be considered as agreement to deviating terms. These terms serve as a framework agreement for all further legal transactions between the parties and will only lose their validity if replaced by other general terms and conditions. New or changed general terms and conditions will be directly communicated and transmitted by PaperOffice to the customer. These terms apply to our commercial transactions with you, among other things, when you purchase a paid service from us or receive or redeem voucher codes or PaperOffice points.
24. Designation of Paid Services
We refer to any service for which we charge a fee as a paid service. You should read these terms carefully and acknowledge your rights and obligations, as these terms constitute a contract between you and PaperOffice or the affiliated company from which you purchase or redeem a paid service, PaperOffice voucher codes, or PaperOffice points. By purchasing a paid service or using PaperOffice voucher codes or PaperOffice points, you declare yourself legally bound by these terms. We regularly update these terms. When purchasing a paid service or acquiring or redeeming PaperOffice voucher codes or PaperOffice points, the terms published on our website at the time of the transaction ("Business Transaction") apply. Please read these terms before completing a business transaction. If you do not agree to the terms, you can choose not to complete the business transaction. If you do proceed, you are legally bound by the updated terms.
25. Simplified Contract Conclusion
A written application or formal request by the customer for the provision of the software is considered as a contract conclusion. Offers directed to us bind the offeror for a reasonable period, but at least 30 days from the receipt of the offer. An order confirmation sent via email is not a legal acceptance of the order. If you purchase a paid service or product from us or a third party and enter a form of payment, you agree that: (i) you will fulfill your obligation to pay for the paid service or product by the due date; (ii) the payment information you provide is accurate and complete; (iii) you are authorized to use the payment method you provided; (iv) we have permission to store payment information and method, including all submitted debit and credit card information you and your issuing bank or respective payment network have submitted; (v) we and our trading partner are authorized to charge the cost of the paid service or product to the established payment method and information stored in your account at the appropriate payment date. Your payment assurance and our rights to collect payments also include any tax obligations on your part as well as shipping costs specified regarding the product you purchased.
26. Payment Obligations and Taxes
Additionally, you are responsible for all credit card chargeback fees and any reasonable collection costs we incur if you do not meet a payment obligation on time. You agree to pay the fees for the paid service or product in the currency specified by PaperOffice (or the contracting dealer or payment processor from whom you are purchasing the paid service or product) when you complete the business transaction, and to assume all risks arising from fluctuations in exchange rates. The stated fees for a paid service or product include value-added tax and may include certain other taxes, shipping fees, or similar charges incurred in connection with the purchase. If taxes or fees applicable to a purchase are not collected by us, you acknowledge that you are solely responsible for paying the tax or other fees. The receipt you receive from us reflects the purchase price including sales tax (if applicable). Customers within the European Union are subject to the non-Union OSS procedure for the collection and remittance of value-added tax. Sales tax will be calculated based on your location.
27. Third-Party Fees
Our prices for a paid service or product do not include any third-party fees that may be charged to you in connection with the use of a paid service, including fees levied by your internet service provider, telephony and data network provider fees, and other third-party applications or services you may use with the paid service or product. You are responsible for selecting and managing these other services and for paying the fees for these services.
28. Price Changes and Notifications
We may change the price of a paid service from time to time, make price changes to specific products, and add new fees and charges for certain features, or adjust them to operational or legal regulations. However, you will receive advance notification by email to the address in your account information about changes to ongoing subscription fees. Note that email notifications will only be sent to newsletter subscribers. By subscribing to the newsletter, you agree to receive emails from us. This mechanism ensures that customers explicitly agree to receive emails from us and are informed accordingly. Price changes for a paid service will not take effect until the expiration of the current billing period and will only come into effect the next time the paid service is billed to you, unless explicitly stated otherwise in our notification to you. If you disagree with the new price or other applicable fees, you can choose not to renew the subscription of the paid service before the price change takes effect. Your cancellation would, in this case, become effective at the expiration of the current billing period.
29. Payment Terms and Defaults
Unless otherwise agreed, our claims are to be paid simultaneously with the delivery of the goods, which applies to all types of delivery such as postal delivery, download, or by entering codes. Discounts for early payment are not allowed. Customer payments are considered made only when they are credited to our business account, including payments made through third-party services like credit cards, PayPal, WesternUnion, etc. In case of payment default, we reserve the right to claim either the actual damages incurred or legal default interest. PaperOffice is authorized to charge compound interest in the event of payment default, starting from the day of the delivery of the goods (or at the latest when activating the software). We reserve the right to partially or fully block program licenses, accesses, online services, or cloud services if payments to PaperOffice are partially or fully delayed by more than 7 days. In such cases, we also reserve the right to withdraw from the contract.
30. Right of Withdrawal and Damages
In the case of acceptance delays or other important reasons, such as bankruptcy or insolvency of the customer, or payment delays, we are entitled to withdraw from the contract if it has not been fully fulfilled by both parties. In case of withdrawal, if the customer is at fault, we reserve the right to claim either a lump-sum compensation of 35% of the gross invoice amount or the actual damages incurred.
In the event of payment delays, we are released from all further performance and delivery obligations and entitled to withhold pending deliveries or services and to demand advance payments or guarantees or, after setting a reasonable grace period, to withdraw from the contract. If the customer withdraws from the contract without being entitled to do so, or requests its termination, we have the choice of either insisting on the fulfillment of the contract or agreeing to its termination.
In the event of contract termination, the customer is obligated to pay either a lump-sum compensation of 35% of the gross invoice amount or the actual damages incurred, at the discretion of PaperOffice.
31. Cancellation and Refusal Right
We reserve the right to cancel or reject orders, especially in the following cases: insufficient availability of requested goods or services, violation of our terms and conditions by the customer, payment arrears or problems, or other reasons that hinder proper order processing.
Additionally, we reserve the right to cancel orders if the customer's behavior towards our employees or service providers is considered inappropriate, disrespectful, or harassing, endangering the mental health and well-being of our employees. We will promptly inform the customer of any cancellations and refund any payments received, minus a cancellation fee of 20% of the order value.
If we withdraw from the contract for the reasons discussed and the customer has not fully paid the order at that time, a cancellation fee of 20% of the order value plus a processing fee will apply. Refund of the order value due to order cancellation will occur only after the complete payment of both the 20% and the corresponding processing fees.
The cancellation is at our discretion and in compliance with applicable legal regulations.
32. Reminder and Collection Fees
The contracting party (customer, user) commits to replacing the creditor's reminder and collection expenses in case of default, as long as they are necessary for appropriate legal action. Specifically, they agree to cover the fees of the involved collection agency up to the maximum amounts stipulated by the Federal Ministry of Economy and Labor.
If the creditor operates the dunning process in-house, the debtor is obligated to pay an amount of EUR 28.90 for each reminder and EUR 43.21 every six months for maintaining evidence of the debt in the dunning process. A fee of EUR 38.00 applies for license blocking.
33. License and Sales Prices
Prices for PaperOffice products generally do not include costs for delivery, installation, configuration, or support unless otherwise agreed upon with the customer. These services can be provided or arranged by PaperOffice for an additional fee. Costs for installation, support, and agreed-upon consulting are calculated based on actual time spent. Customers can conveniently book a package for installation, support, or consultation.
Software from PaperOffice can be provided in different modalities. When ordered via the PaperOffice online shop, user accounts and their activation are defined during the ordering process, with all fees transparently listed. A user account granting customer access to PaperOffice software and services is primarily created using the customer's email address as an identifier. This email serves as a unique and official point of reference for the user account with PaperOffice, enabling login and access to various services and features.
34. Licensing and User Account Activation
Licensing of our software generally occurs through the activation of user accounts and does not require separate license creation. It is important to note that in special exceptions, such as manual licensing, account activation implicitly covers licensing.
35. License Linking and Email Address Change
The acquired PaperOffice license is firmly linked to the email address provided by the customer. It should be noted that the user has the option to independently modify this email address at a later date. Changes to license ownership must occur within a framework that does not exceed the Fair Use Limit. PaperOffice expressly reserves the right to permanently deactivate licenses that violate the Fair-Use limits by transferring the license excessively.
36. Manual Invoicing and Services
For manual invoicing, the licensing of user accounts is always performed by PaperOffice Support, provided the accounts to be licensed have not already been captured and confirmed by the customer during the ordering process. Services by PaperOffice are rendered only after payment is received. Third-party product services and support are billed without exception and performed according to our terms. Travel costs are also billed without exception according to our terms.
37. Product and Service Changes
Unless it's a consumer transaction, minor or otherwise reasonable changes concerning PaperOffice’s performance or delivery obligations are considered approved in advance. This particularly applies to product-related variations such as material, packaging, and design (logo/print).
38. Liability Limitations and Exclusions
All claims for damages are excluded in cases of minor negligence. Unless it's a consumer transaction, the burden of proof for establishing minor or gross negligence lies with the injured party. The statute of limitations for claims for damages is one year from the transfer of risk, if not a consumer transaction. The provisions on damages contained in these terms and conditions or otherwise agreed apply even if the claim for damages is asserted in addition to or instead of a warranty claim.
39. Licensing Terms and Data Backup
Customers are advised to consult applicable licensing terms. Before connecting or transporting any IT products or installing any software, customers must adequately secure their existing data. Otherwise, they are responsible for any lost data and associated damages. These specific rules are primarily outlined in the license agreements for PaperOffice products and supplementary terms for IT services, which the customer agrees to upon software installation. The customer bears sole responsibility for any installations or actions they undertake.
40. Warranty and Disclaimer
Unless guaranteed in a separate agreement, PaperOffice and its suppliers provide services (including content and APIs) "as is," "with all faults," and "as available." We make no explicit warranties or guarantees. We offer no warranties, guarantees, or conditions, whether explicit, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
You may have additional rights under local laws that this agreement cannot change. These disclaimers apply to the fullest extent permissible under applicable law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
41. Liability Limitations
Limitation: Each party's total liability under this agreement is limited to direct damages up to an amount of 1.00 GBP.
Exclusion: Neither party nor their suppliers are liable for lost revenue, lost profit, or any indirect, special, incidental, consequential, punitive, or exemplary damages, even if the party was aware of their possibility.
PaperOffice provides all goods for usage. The user determines the period of usage, while the platform (software) remains the property of PaperOffice and is made available during the booked period and to the extent desired.
42. Prohibited Actions
The following actions are prohibited:
43. Plus Subscription and Usage
The PaperOffice Plus subscription is an optional extension for the software and can be purchased separately. Usage of the PaperOffice Plus subscription is at the sole discretion of the customer and is not mandatory for using the basic functions of the software.
If you opt for the PaperOffice Plus subscription, a separate subscription agreement will be concluded. This agreement outlines the specific terms, fees, payment methods, and durations for the PaperOffice Plus subscription.
Additional Services and Features
The PaperOffice Plus subscription provides access to certain additional services and features, including regular software updates, support, and other services published on the official PaperOffice website.
The choice of payment method, whether through PayPal, manually, or otherwise, is solely up to the customer’s desire and respective agreement. PaperOffice will not debit any amounts in any way without the customer's explicit permission.
Payment Delays and Access Suspension
Should the customer's payment not be received on time, PaperOffice reserves the right to send a reminder with a set deadline. If payment is not made by the end of this period, PaperOffice reserves the right to temporarily suspend the customer's access. In such a case, a reactivation fee of 38 EUR per user account will be charged to resume using PaperOffice services.
44. Availability of Services Without Plus Subscription
The PaperOffice Plus subscription offers eligible users access to specific services and features, including regular software updates, support, and additional services as published on the official PaperOffice website. However, it should be noted that updates provided under the PaperOffice Plus subscription are exclusively available for the current software version (release). Therefore, it is important to understand that no updates will be provided for outdated software versions. The basic version of the software still allows for the use of existing features but does not include the specific benefits of the PaperOffice Plus subscription.
45. Termination and Renewal of PaperOffice Plus Subscription
The duration and termination of your PaperOffice Plus subscription depend on the type of your order:
Customers who order via the PaperOffice webshop have the option to either automatically renew or deactivate their PaperOffice Plus subscription upon expiry. To prevent automatic renewal due to non-cancellation, it is the customer's responsibility to ensure the proper payment settings have been made in their PayPal account. Explicitly note that it is the customer's own responsibility to check and adjust these settings. Failure to do so does not exempt PaperOffice from performing the automatic renewal per the customer's preferences. No refunds are provided for automatic renewals, as they are considered confirmation of continued service use. All service features will be activated to ensure uninterrupted service.
All Other Orders
The PaperOffice Plus subscription will automatically renew every 12 months unless cancelled at least 3 months prior to the renewal date. Cancellation must be done exclusively by submitting an official ticket at [https://help-en.paperoffice.com/](https://help-en.paperoffice.com/), requiring the provision of the corresponding invoice number. In case of outstanding payments, a reminder with a set deadline will be sent by PaperOffice. Non-payment within this period will lead to temporary access suspension. A fee of 38 EUR per user account will be required for reactivation.
46. Termination and Reactivation of PaperOffice Plus Subscription
Customers have the option to reactivate within 12 months of the purchase date, subject to an activation fee. After this period, the purchase of a new license is required to receive updates.
47. Help and Support for PaperOffice Users
Customers can obtain optimal support from PaperOffice by purchasing the PaperOffice Plus subscription. With the PaperOffice Plus subscription, customers can book online support appointments at paperoffice.com, where a support staff will contact the customer by phone and provide assistance via remote software. The number of support units depends on the type of active PaperOffice Plus subscription, license, or agreement.
For Support Level 1, customers can alternatively use PaperOffice ComDesk. If the support exceeds Level 1 or cannot be resolved via ticket support, the customer will be referred to a personal support appointment. It is important to note that without the current release of the PaperOffice program, no support is generally provided, neither via ComDesk nor in person.
48. Limitations Without an Active PaperOffice Plus Subscription
Without an active PaperOffice Plus subscription, customers face the following restrictions:
- Ticket support limited to simple queries like "Where can I download PaperOffice?" or "I need a copy of the invoice for my order."
It's crucial to note that failure to use the current release of PaperOffice may void any warranties and may nullify legal claims, including data loss or database damage. Release updates should be installed promptly, especially if tailored to Windows updates.
49. Examples of Using PaperOffice
Example 1:A customer who has purchased the PaperOffice Plus subscription can book a support appointment online. A support agent contacts the customer by phone and offers remote software assistance.
Example 2:A customer without an active PaperOffice Plus subscription can't use PaperOffice Online services but can still submit simple queries via ticket support.
Example 3:A customer using an outdated version of PaperOffice receives no support until they install the latest release. In this case, there is no warranty for potential issues or data loss.
50. Data Protection, Security, and Customer Data
Security:PaperOffice DMS places the utmost importance on the security of your data. Our technical and organizational protective measures, internal controls, and data security protocols aim to protect customer data from unintentional loss, alterations, unauthorized disclosure or access, and unlawful destruction.
Return and Deletion of Customer Data:PaperOffice DMS customers can delete their data at any time. Upon termination of your account or your PaperOffice Plus subscription, we can remove these data without any retention period. We are not obliged to keep data after termination.
PaperOffice DMS will not share your data with third parties unless required by law or expressly directed by you. Should third parties need access to your data, we recommend that they contact you directly. Any such request will be communicated to you, as far as legally permissible.
We may engage partner companies to provide specific services for PaperOffice DMS. Such partners can use customer data solely to perform the services we request. PaperOffice DMS remains responsible for the actions of these partners.
As a provider of PaperOffice DMS, we comply with all relevant data protection laws and regulations. We expect the same from our customers concerning their stored data and the use of PaperOffice DMS.
51. Developer Services and Intellectual Property
Developer Services Policies:All services related to development for PaperOffice DMS are subject to strict security, data protection, and compliance guidelines. Details of these guidelines can be found in the Developer Services Portal. It's important to emphasize that these specific obligations apply only to the developer service area and are not transferable to other aspects of the services.
Intellectual Property Infringement:Should we become aware that your use of PaperOffice DMS infringes upon third-party intellectual property rights, you will be promptly informed. In such a case, we reserve the right to share basic contact details with the affected third party. You, as our customer, are obligated to respond quickly and effectively to any complaints in this regard.
52. Automatic Renewal
PaperOffice Limited Europe accepts certain debit and credit cards and other cash payment methods (e.g., PayPal transfers) as payment for PaperOffice DMS's fee-based services ("Accepted Payment Methods") according to the procedures and rules set forth in these terms and conditions and any applicable contracts with the Accepted Payment Method. The Accepted Payment Method may vary depending on the country or fee-based service offered by PaperOffice DMS. When you use an Accepted Payment Method to make a purchase, the fees for PaperOffice DMS's fee-based service will be charged around the date of your purchase. If you acquire a fee-based service from PaperOffice DMS that automatically renews (e.g., monthly or yearly), you agree that we may process your Accepted Payment Method at each monthly, yearly, or other renewal term (based on the respective billing period) and on or around the calendar day that corresponds to the beginning of your fee-based service from PaperOffice DMS. Additionally, you agree that we are authorized to store information regarding your purchase and payment information submitted by you, and to share it with financial institutions and payment processing companies (including institutions or companies that we may engage in the future) to process your purchase. If your fee-based service from PaperOffice DMS starts on a day not present in the following month (e.g., service starts on January 30th, and there is no February 30th), PaperOffice Limited Europe will process your payment on or around the last day of that month.
53. Payment by Invoice
PaperOffice Limited Europe will at its sole discretion agree if you can pay for certain fee-based services from PaperOffice DMS via invoices issued by PaperOffice Limited Europe. Unless otherwise explicitly stated in our separate agreement with you, we will issue our invoice on or shortly after the date the fee-based service from PaperOffice DMS is acquired (and at each monthly, yearly, or other renewal date, as described above in the "Automatic Renewal" section). The fees become due upon receipt of the invoice. All payments of invoiced amounts must be made in the currency indicated on the invoice, by check, bank transfer, or electronic payment to the bank and account specified by PaperOffice Limited Europe. Invoices not settled within seven (7) days from the invoice date will be considered in default and may be extraordinarily canceled by PaperOffice Limited Europe. Bank transfer fees or similar charges incurred by the chosen payment method are your responsibility and should not be deducted from the amount to be paid to PaperOffice Limited Europe.
54. Payment through Authorized Dealers and Payment Processors
PaperOffice Limited Europe may, at its sole discretion, allow you to acquire and/or pay for certain fee-based services from PaperOffice DMS via an authorized dealer or payment processing provider (e.g., a telecommunications service provider or an online store with mobile apps). Unless otherwise explicitly stated in a separate agreement with you, your obligation towards and your relationship with such a dealer or payment processing provider is a contractual matter between you and such third party. PaperOffice Limited Europe is not a party to these contracts and bears no responsibility for their content. Although we carefully select our authorized dealers and payment processing providers and enter into detailed commitments regarding the services they are to provide (including confidentiality), we cannot and do not guarantee their performance. We encourage you to provide feedback on any authorized dealer or payment processing provider with whom you do business. We value your feedback and will consider it in deciding whether to continue or terminate the business relationship.
55. Clarification Before Purchase
If you cannot find the information you need in these terms and conditions or if uncertainties exist regarding points relevant to you, please contact PaperOffice Limited Europe before making a purchase to eliminate any misunderstandings. Companies, in particular, are strongly advised to do this, as certain points listed in these terms can be adapted according to the specific requirements and wishes of the company. Such adaptation is not possible for private customers. In case of uncertainties or ambiguities, especially given the sensitive field of application of PaperOffice DMS, customers are advised to seek legal counsel.