1. Definition of Terms
- ID4Y.cloud is a platform developed and operated by Konzept-iX Software GmbH (operator) for the internet-based editing of Adobe InDesign files (hereinafter referred to as service).
- Customer is any natural or legal person or association of persons who registers for the service and provides a service to its customers based on this registration.
- User is any natural or legal person or association of persons who uses the service at the request of the customer.
- Content is any information or file that is posted, distributed or accessed by the customer, the user or their authorized persons via the service.
2. Benefits of the Service
- The service provides customers with the ability to make Adobe InDesign files available to their customers for editing. This is done on the basis of an Internet-supported platform. Only an up-to-date web browser is required for operation.
- The service runs without exception on hosted servers of certified server farms located in Germany.
- The service does not include the necessary use of the Internet. The customer and user shall be responsible for Internet access, technical requirements, configuration and performance of the end devices for use of the application and shall take care of this at their own expense.
- The operator determines the InDesign version to be used, which is used by the service on the server side. To ensure downward compatibility, the service provides IDML files that can also be opened in older InDesign versions.
- The processing of files created with 3rd party extensions (Extensions/PlugIns) is not possible.
- The service is subject to constant further development. Functions, modes of operation and processes can therefore be adapted, changed, improved or added at will by the operator.
- The service is stopped for system maintenance activities, for performing checks, or for installing new program versions. The operator endeavours to carry out these measures at times when there is little traffic and to keep the resulting downtime as short as possible. Planned maintenances are announced by email and on the website.
3. Obligations of the Customer
- The data necessary for the faultless operation of the solution must be provided completely and truthfully by the customer.
- The customer alone is responsible for the access control, represented by the persons expressly authorized by him by registration or invitation (project managers).
- The customer undertakes to keep accesses and passwords secret and not to make them accessible to third parties. In case of suspicion of misuse by a third party, the customer shall inform the operator immediately. In this case, the Operator shall take appropriate measures and, if necessary, block the installation or the service.
- The customer is exclusively responsible for all stored contents.
- To ensure that the files are processed correctly, the customer must observe the ‘Notes on document composition’.
- The customer checks the files processed by the service before further processing. Irregularities must be reported to the operator immediately.
- The customer can upload the fonts used for the correct document presentation into the system. The customer is responsible for the correct licensing of the fonts.
- The customer is prohibited from posting content that violates legal regulations, official orders or morality. Furthermore, he is prohibited from posting content that violates the rights of third parties, in particular copyrights or trademark rights.
- The customer will indemnify the operator from all claims which third parties assert against the operator because of the injury of their rights or because of legal offences because of contents stopped by the customer. In this regard, the customer also assumes the costs of the legal defence of the operator including all court and attorney costs.
- The customer is obliged to cooperate in the clarification of attacks by third parties, as far as cooperation by the customer is necessary.
- The customer commits himself further to refrain from all measures, which endanger or disturb the function mode of the system, as well as not to access to data, to whose access he is not entitled. Furthermore, he must ensure that transmitted information and data are not afflicted with viruses or trojans.
4. Data Protection & Data Backup
- The protection of the personal data of customers and users belongs to the most important principles of the operator. In order to prevent unauthorized access or unauthorized disclosure, to guarantee the accuracy of the data and to ensure the authorized use of the data, appropriate technical and organizational measures are in place. Further details on data protection can be found in our data protection declaration.
- The operator does not adopt the contents of the customer under any circumstances. The operator also does not use, sell or copy any user data of the customer or user.
- A data backup takes place three times daily at fixed times (10:00, 16:00, 22:00 clock). In the case of the necessity of a backup, the latest available status will be reconstructed. The customer has the possibility to create his own copy of the processed InDesign files (download) at any time.
5. Copyrights and Rights of Use
- The software provided is protected by copyright. All rights to the software as well as to other provided documents are exclusively entitled to the operator, who grants the customer and his user the rights of use to the extent described.
- Features serving to identify the program such as copyright notices, trademarks, other legal reservations, serial numbers or others may not be changed or made unrecognisable.
- The customer may not rent, sell or further license the program or parts thereof to third parties or further market it without the express permission of the operator.
- The customer is prohibited from modifying, translating, decompiling or disassembling the software, creating works derived from the software or reproducing the written material, modifying the material or creating works derived from the written material.
- The operator assumes no liability for non-observance or violation of license conditions or rights for the fonts uploaded by the customer.
6. Final Provisions
- This agreement is subject exclusively to German law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. The place of jurisdiction is Steinfurt, provided that the customer is not a consumer.
- The contract language is German. Verbal ancillary agreements require the text form. This also applies to the cancellation or amendment of this text form clause.
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