General Terms and Conditions of filehub GmbH

This English version is a convenience translation. The contract language is German; in the event of any discrepancy, the German version at filehub.one/de/agb shall prevail.

1. Provider and Scope

1.1 These General Terms and Conditions (“Terms”) apply to all contracts between filehub GmbH, UdS Campus Starterzentrum, Geb. A1 2, 66123 Saarbrücken, Germany (Local Court of Saarbrücken, HRB 111041) (“FILEHUB”) and its customers regarding the use of the filehub platform and related services.

1.2 The offers are aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. No contract is concluded with consumers within the meaning of Section 13 BGB.

1.3 Conflicting, additional or deviating terms of the customer do not become part of the contract unless FILEHUB has agreed to their validity in text form. This also applies if FILEHUB performs without reservation in the knowledge of such terms.

1.4 Services of workcentrix GmbH (e.g. integrations, consulting, set-up) are not subject to these Terms if the customer concludes a separate contract with workcentrix GmbH for them. In this case, only the terms of workcentrix GmbH apply.

2. Contractual Documents and Order of Precedence

2.1 The following documents form part of the contract in the following order of precedence:

  1. the order confirmation or the accepted individual offer,

  2. the Data Processing Agreement (DPA) at filehub.one/data-processing, including the technical and organisational measures (TOMs) at filehub.one/tom, which takes precedence in all matters of data protection,

  3. the Service Level Agreement (SLA), if agreed,

  4. the service description and price list of the selected plan on filehub.one,

  5. these Terms.

2.2 Deviating provisions, side agreements or amendments to the contract require text form.

2.3 FILEHUB may use suitable third parties to fulfil its obligations, in particular data centre and cloud providers, and is liable for them as for its own vicarious agents. Section 4 of the DPA applies to third parties processing the customer’s personal data.

3. Conclusion of Contract and Customer Account

3.1 A contract is concluded

  1. online, when the customer creates a customer account, selects a plan and completes the ordering process, or

  2. on the basis of an individual offer from FILEHUB, as soon as FILEHUB confirms the customer’s order in text form or provides access.

3.2 FILEHUB’s offers are non-binding unless expressly designated as binding. Obvious errors, typing or calculation errors are not binding on FILEHUB.

3.3 When registering, the customer provides complete and accurate information, in particular on company name, address and VAT identification number, and keeps it up to date. The person creating the customer account warrants that they are authorised to represent the customer.

3.4 For the term of the contract, FILEHUB grants the customer the non-exclusive, non-transferable and non-sublicensable right to use the platform in its current version. Details are set out in Section 6.

4. Services and Availability

4.1 FILEHUB provides the platform as software-as-a-service via the internet. Scope and functions result from the service description of the selected plan. A specific result is only owed if expressly agreed in text form.

4.2 The platform is operated in data centres in Germany. FILEHUB protects the customer’s data against loss and unauthorised access in accordance with the TOMs.

4.3 For paid plans, the availability values of the applicable SLA apply. FILEHUB is only responsible for availability insofar as a disruption lies within the sphere of responsibility of FILEHUB or its hosting partners, but not for disruptions of the internet or the customer’s systems.

4.4 FILEHUB may interrupt the platform for a defined period for maintenance. Planned maintenance is announced in good time by email or in the platform and, where possible, carried out outside normal business hours. Announced maintenance windows do not count as impairment of availability.

4.5 FILEHUB continuously develops the platform and may change functions provided the agreed scope of services is not materially restricted. New functions may be reserved for certain plans.

4.6 On the customer’s instruction, the platform connects to third-party systems and portals (e.g. supplier and invoice portals, ERP, DMS and accounting systems). FILEHUB is not responsible for their availability and functionality. If a third party changes its interface or portal, FILEHUB adapts the connection within a reasonable period, insofar as this is possible with reasonable effort.

5. Customer Obligations

5.1 The customer must not misuse the platform. In particular, no content may be processed whose use violates applicable law, third-party rights (e.g. copyright, trademark or data protection rights) or agreements with third parties. In the event of a culpable breach, the customer is liable for the resulting damage and indemnifies FILEHUB against third-party claims, including reasonable legal defence costs.

5.2 If the customer stores access credentials to third-party systems or portals, the customer warrants that it is entitled to use these accounts and to have the data retrieved automatically by FILEHUB. Compliance with the terms of use of these third parties is the customer’s responsibility.

5.3 FILEHUB may block affected functions if there is a justified suspicion of a breach of Section 5.1 or 5.2. FILEHUB informs the customer without delay and lifts the block as soon as the suspicion has been dispelled.

5.4 The customer ensures that there is a legal basis under Art. 6 GDPR and, where applicable, Art. 9 GDPR for the processing of personal data it carries out using the platform. If special categories of personal data are to be processed regularly, the customer informs FILEHUB in advance in text form.

5.5 Platform access credentials must comply with the current recommendations of the German Federal Office for Information Security (BSI), must not be shared and must be protected against access. If unauthorised persons are suspected of having obtained them, the customer changes them without delay and informs FILEHUB. Multi-factor authentication should be used.

5.6 FILEHUB backs up the data stored in the platform in accordance with the TOMs. The customer is responsible for backing up data on its own systems and data it exports from the platform or transfers to target systems. The platform does not replace audit-proof archiving unless expressly agreed.

6. Rights of Use

6.1 The platform and the associated software are protected by copyright. All rights are held by FILEHUB.

6.2 Upon conclusion of the contract, the customer receives the non-exclusive right, limited to the term of the contract, to use the platform within the scope agreed in the service description of the booked plan. If FILEHUB provides local components (e.g. agents for connecting systems in the customer network), the customer may install and run them for this purpose.

6.3 The customer may not use the platform beyond the contractual scope, make it accessible to third parties, reproduce, modify or decompile it, unless Sections 69d, 69e of the German Copyright Act (UrhG) mandatorily permit this. Employees and freelancers of the customer using the platform on its behalf are not third parties. Technical protection measures must not be circumvented.

6.4 FILEHUB acquires no rights to data and documents the customer brings into the platform. FILEHUB may derive features without personal or customer reference from the data and use them to improve the platform; details and the customer’s right to object are governed by Section 7 of the DPA.

7. AI-based Functions

7.1 The platform uses AI methods for the classification, extraction and assignment of documents and document data (e.g. filehubIDP). Their results are suggestions and may be inaccurate.

7.2 The customer is responsible for reviewing the results and for postings, payments and other decisions based on them. Automated further processing only takes place according to the rules and confidence thresholds configured by the customer.

7.3 A specific recognition or accuracy rate is only owed if expressly agreed. Customer data is not used to train general models.

8. Fees and Payment

8.1 Fees are based on the price list of the selected plan valid at the time the contract is concluded, or on the individual offer. All prices are net prices plus statutory VAT.

8.2 Base fees are payable in advance for the respective billing period. Usage-based fees (e.g. for processing volume beyond the plan quota) are charged in arrears for the past billing period. Fees are based on the services booked, not on actual use.

8.3 Payment is made by SEPA direct debit, credit card, PayPal or – for individual offers – bank transfer. Unless otherwise agreed, invoices are due immediately without deduction. For SEPA direct debit, pre-notification is given at least five business days before collection, usually with the invoice.

8.4 For each chargeback or returned direct debit for which the customer is responsible, FILEHUB charges a processing fee of EUR 10.00. The customer may prove that no damage or significantly less damage was incurred.

8.5 Invoices are transmitted electronically, where required by law as an e-invoice in a structured format pursuant to Section 14 of the German VAT Act (UStG) (e.g. ZUGFeRD or XRechnung), by email or for retrieval in the customer account.

8.6 The customer raises objections to an invoice in text form within four weeks of receipt. Thereafter, the invoice is deemed approved; FILEHUB points out this consequence with every invoice. Statutory claims in the event of justified objections after expiry of the period remain unaffected.

8.7 Fees paid in advance are not refunded pro rata in the event of ordinary termination. In the event of termination for good cause for which FILEHUB is responsible, FILEHUB refunds the fees attributable to the period after the end of the contract.

9. Default in Payment

9.1 If the customer is in default of payment, FILEHUB may temporarily block access after notice in text form and expiry of a 14-day period without payment. Export of customer data remains possible during the block. The payment obligation continues.

9.2 If the customer is in default for a period of more than two months with an amount equal to two monthly base fees, FILEHUB may terminate the contract without notice. Further claims are reserved.

10. Warranty

10.1 FILEHUB provides the platform in a condition suitable for contractual use and maintains it in this condition. The service description is authoritative; statements in advertising are not descriptions of quality. FILEHUB only assumes guarantees if expressly designated as such in text form.

10.2 Data communication via the internet cannot be guaranteed to be completely error-free and available at all times. FILEHUB does not owe the customer’s internet connection. The committed availability is governed by Section 4.3 and the SLA.

10.3 No-fault liability for damages for defects existing at the time the contract is concluded (Section 536a(1) alt. 1 BGB) is excluded.

10.4 The customer reports defects without delay in text form and assists FILEHUB in identifying and remedying them.

10.5 Claims for defects become time-barred after one year. This does not apply in cases of intent, gross negligence, fraudulent concealment, injury to life, body or health, guarantees assumed, or claims under the German Product Liability Act; in these cases, the statutory periods apply.

11. Liability

11.1 FILEHUB is liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, from breach of a guarantee, and under the German Product Liability Act.

11.2 In cases of slight negligence, FILEHUB is only liable for breach of material contractual obligations, i.e. obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely. Liability is limited to the typical, foreseeable damage.

11.3 In cases of slight negligence, FILEHUB is liable for the loss of data on the customer’s systems only up to the amount of the effort that would have been required for recovery had the customer properly backed up its data (Section 5.6).

11.4 Otherwise, liability for slight negligence is excluded. Art. 82 GDPR additionally applies to breaches of data protection law.

11.5 Insofar as liability is excluded or limited, this also applies to the personal liability of FILEHUB’s officers, employees, representatives and vicarious agents.

12. Force Majeure

12.1 If a party is prevented from fulfilling its obligations by force majeure, it is released from its performance obligations for the duration of the impediment and a reasonable start-up period. Force majeure includes in particular industrial action, official measures, energy shortages, pandemics and failures of third-party data centres or networks for which the party is not responsible.

12.2 If such an impediment lasts longer than four months, either party may terminate the contract. Advance payments for services not rendered are refunded.

13. Confidentiality

13.1 The parties keep confidential all information designated as confidential or recognisable as trade or business secrets for a period of five years from the time of disclosure and use it only for the business relationship. This obligation does not apply to information that was demonstrably known beforehand, is publicly available or becomes publicly available through no fault of the receiving party. Statutory or regulatory disclosure obligations remain unaffected.

13.2 Confidentiality applies without time limit to documents and data the customer brings into the platform. The DPA additionally applies to personal data.

14. Data Protection

14.1 FILEHUB processes personal data in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG) as amended from time to time. Information on processing by FILEHUB as controller is provided in the privacy notice at filehub.one/privacy-policy.

14.2 Insofar as FILEHUB processes personal data on behalf of the customer, the Data Processing Agreement (DPA) at filehub.one/data-processing applies. It is agreed upon conclusion of the contract and takes precedence over these Terms in all matters of data protection. The TOMs are published at filehub.one/tom, the sub-processors at filehub.one/subcontractors.

15. Changes to the Terms, Services and Prices

15.1 FILEHUB may change these Terms, the service descriptions and the prices with effect for the future insofar as this is necessary for objective reasons, in particular due to changes in the law, technical developments, changed costs of hosting or third-party providers, or to close gaps in the provisions. The core of the agreed services remains unaffected.

15.2 FILEHUB notifies changes in text form at least six weeks before they take effect and highlights the amended provisions. If the customer does not object in text form within four weeks of receipt, the changes are deemed accepted. FILEHUB points out this consequence in the notification.

15.3 If the customer objects, it may terminate the contract extraordinarily with effect from the date the change takes effect; otherwise the contract continues on the previous terms. In this case, FILEHUB may terminate with ordinary notice at the next possible date.

15.4 Price increases are permitted no more than once per contract year. If an increase exceeds 5% of the previous price, the customer may terminate the contract with effect from the date the increase takes effect, irrespective of Section 15.3.

16. Term and Termination

16.1 The term results from the selected plan (e.g. monthly or annual) or the individual offer. It begins when access is provided.

16.2 Unless terminated, the contract is extended by the originally agreed term, for annual contracts by no more than one year at a time.

16.3 Monthly contracts may be terminated at any time with effect from the end of the current billing month. Longer contracts may be terminated with one month’s notice to the end of the respective term. Ordinary termination before the end of the term is excluded.

16.4 The customer may upgrade to a higher plan at any time; a downgrade to a lower plan takes effect at the end of the current term.

16.5 The right to terminate for good cause remains unaffected. Notices of termination must be given in text form or via the customer account.

17. End of Contract, Data Export and Switching

17.1 After the end of the contract, the customer may export its data within 60 days using the export functions in a common, machine-readable format or request its return. FILEHUB then deletes the customer account and the data in accordance with Section 8 of the DPA.

17.2 The customer may at any time request, with two months’ notice, to switch to another provider or to its own infrastructure (Regulation (EU) 2023/2854, “Data Act”). FILEHUB supports the switch during a transition period of up to 30 days, in particular by exporting the data and providing information on export formats and interfaces.

17.3 The contract ends upon completion of the switch. If it thereby ends before the end of the agreed term, FILEHUB may charge an early termination fee not exceeding the remuneration outstanding until the end of the term less saved expenses. FILEHUB only charges fees for the switch itself insofar as permitted by law.

18. Reference

FILEHUB may name the customer and use its logo as a reference. The customer may revoke this at any time informally, e.g. by email.

19. Final Provisions

19.1 The transfer of the customer’s rights and obligations to third parties requires FILEHUB’s prior consent in text form. Section 354a of the German Commercial Code (HGB) remains unaffected.

19.2 The customer may only set off undisputed or legally established claims. It may only assert a right of retention based on the same contractual relationship.

19.3 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of performance and exclusive place of jurisdiction is Saarbrücken, Germany, provided the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany. FILEHUB may also bring an action at the customer’s registered office.

19.4 The contract language is German. Should any provision be invalid or unenforceable, the validity of the remaining provisions remains unaffected; it is replaced by the statutory provision.

As of: 1 July 2026