Copyright of the websites and apps
The textual and graphical content of the hyfee.de and hyfee.cloud websites and the hyFee Cloud, hyFee NC or hyFee Drive apps are protected by copyright.
You may make and distribute screenshots, screencasts and comparable recordings as personal reference material and for the purpose of teacher training or press coverage of the hyfee.de offerings. Copying the designs in your own websites or apps is expressly prohibited. We reserve the right to take legal action in the event of infringement.
Copyrights to materials created in the apps
You are the creator and owner of all media you have created in any of the hyFee Apps mentioned above. HyFee will not exploit or otherwise use this data for any purpose. Any transfer will only be made to the cloud specified by you through use and configuration of the relevant App.
Compatibility with your own clouds in connection with hyFee NC and hyFee Drive
Uploading content to your cloud is subject to its availability. We do not accept any liability for loss of data due to incorrect uploads or unavailability of your cloud or internet connection.
When uploading data from hyFee NC or hyFee Drive to your cloud, you may incur transfer costs from your internet provider, which you must bear yourself. The costs for the storage space in your cloud that you require for the data generated in hyFee are also to be borne by you within the scope of your contract with your cloud service provider.
The hyFee NC app is basically suitable for connecting an externally operated NextCloud or ownCloud cloud solution. A cloud solution based on these systems is not provided as part of the use of hyFee NC. Such solutions are to be operated at your own expense or under your own direction. Due to the individual configuration options, compatibility with your cloud cannot be guaranteed.
The hyFee Drive app is basically compatible with the cloud solution Microsoft OneDrive, Google Drive and Dropbox. Due to potentially individual configurations of your cloud accounts (e.g. no sharing of external apps by the admin of your Microsoft Teams instance), compatibility with your cloud account and hyFee Drive cannot be guaranteed.
Use of hyFee Cloud as a monthly subscription
By taking out a subscription to hyFee Cloud via the Apple App Store or the Google Play Store, you have the option to store audio files, videos, images as well as PDF files in the hyFee Cloud through the hyFee Cloud App. These files are kept for a period of 40 days (960 hours) from the time of uploading and are then irrevocably deleted. The uploaded data is accessed by third parties via a reference in the form of a link or QR code to a website that can be accessed via any conventional browser.
In principle, there is no volume limit for uploading data. You use hyFee Cloud as part of a fair use approach in the context of providing feedback or learning materials to students. If you upload data in an unusual volume for this purpose, we reserve the right to delete your data without notice, even in a period of less than 40 days.
We do our best to provide the cloud infrastructure as fully as possible. However, we cannot guarantee availability 24 hours a day, 7 days a week, as the services may be switched off briefly for updates or maintenance, for example, and software errors cannot be ruled out. There is no claim to the permanent availability of the cloud infrastructure.
To the extent permitted by law, we and third parties affiliated with us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or equity.
Any liability for direct, indirect or consequential loss or damage suffered by any user in connection with our website or in connection with the use, inability to use, or the results of use of our website, any websites linked to it and any materials posted on it, including but not limited to any liability for:
- Loss of income or revenue;
- Loss of business;
- Loss of profits or contracts;
- Loss of anticipated savings;
- Loss of data;
- loss of goodwill;
- wasted management or office time;
- for any other loss or damage of any kind however caused and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent any claim for loss of or damage to your physical property or any other claim for direct financial loss not excluded by any of the above categories.
This does not affect our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation or deception in relation to a material fact, or any other liability which cannot be excluded or limited under applicable law.
Storage and processing of personal data
When using the hyFee Cloud App, the data to be stored is sent directly to our hosting partner Backblaze, Inc. (“Backblaze”). Personal data and other data (e.g. IP address) may be collected during this connection. When retrieving the deposited files via the website www.hyfee.cloud in the browser, all calls are routed via hyFee’s own server to protect users’ personal data, so that third parties such as Backblaze do not gain access to users’ personal data. We do not store or analyse any personal data of users. There are no third-party advertisements or integrations on hyfee.cloud that can be used to track users.
General guidelines for uploading data using a hyFee App.
You must not misuse hyFee Cloud, hyFee Drive or hyFee NC by knowingly uploading viruses, Trojans or other malicious or similar malware. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our website through a denial of service attack or a distributed denial of service attack. Uploading and sharing pirated materials or materials that you do not have permission to share is expressly prohibited. Also, other media and content that violates state laws may not be processed, uploaded or shared via hyFee Cloud, hyFee Drive or hyFee NC.
Liability for links
Our website contains links to external third-party websites over whose content we have no influence. Therefore, we cannot assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognisable at the time of linking. However, permanent monitoring of the content of the linked pages is not reasonable without concrete indications of a legal violation. If we become aware of any infringements of the law, we will remove such links immediately.