Terms of use for users with contentDock® registration

contentDock® is software as a service (SaaS) provided by EDIT GmbH and has been developed for entrepreneurs, legal entities or special funds under public law.

contentDock® comprises the iPad App contentDock® Wireframer to create page templates; the web-based contentDock® Management System where the client can link, among others, his/her content to the page tem-plates to form a contentApp; and the tablet App contentDock® Viewer, which allows the end user to load and open the contentApps.

1. Scope of application

These terms of use shall apply to all services rendered by EDIT in connection with contentDock®. Any deviating general terms and conditions or any general terms and conditions to the contrary shall only apply if EDIT has expressly consented to them beforehand. If required, additional terms of use of EDIT may apply to specific services within contentDock®. In this case, the customer will be informed accordingly.

Detailed information regarding the range of functions and the system requirements of the individual applications can be found on www.contentdock.com. If an internet connection, a web-enabled terminal device and compliance with the system requirements are required for use of contentDock®, the related costs shall be borne by the user himself/herself.

2. Registration and conclusion of contract

To facilitate full use of contentDock®, a user account must be set up, and the respective app must be installed on the customer’s tablet. The registration is generally reserved for entrepreneurs, legal entities or special funds under public law and is made on www.contentdock.com.

The registration via contentDock® is made by filling in the respective online registration form. The customer can check and change all data entered during the registration process before sending them. To do so, the customer just has to return to the field with the error and correct the entry. As part of the registration process, the customer must indicate his/her real and full name as well as the name of his/her company, a valid email address through which he/she can actually be reached, and a password freely chosen by him/her. If the contracting party is a representative of a company, he/she shall ensure that he/she is entitled to conclude the user contract on behalf of the company. In addition, it is required to create a personal contentDock® web address through which the customer can reach his/her user account to manage his/her contentApps.

The customer makes an offer for conclusion of a user contract by clicking the “Register now” button. EDIT is entitled to reject conclusion of the contract without giving any reasons. If EDIT wants to accept the customer’s offer, it will send the customer an email including an activation link and will activate the user account on receipt of the customer’s confirmation. Conclusion of the contract between EDIT and the customer shall not become effective until activation of the user account.

If EDIT does not accept the customer’s offer, or if the customer does not confirm the activation link, no user contract will become effective, and the information provided by the customer during the registration process will be deleted.

In case of applications or services that do not require any registration, the user contract shall become effective upon installation of the app and acceptance of the terms of use during the first process of use..

The user contract cannot be transferred to third parties without EDIT’s written consent.

3. Duration and termination of contract

The user contract shall be concluded for an unlimited period of time and can be terminated by the customer without observing any notice period. The administrator of the user account can terminate the contract by using the system function provided in the contentDock® management system in the Account Settings menu by choosing the “Delete customer account” option. If the user account is terminated, all previously stored data and content of the account will be deleted irrevocably, provided that there are no statutory retention periods to the contrary. Login and access to the contentApps of the user account are no longer possible after confirmation of the “Delete customer account” button.

EDIT can terminate the user contract at any time in written form (by email) with 14 days notice. EDIT can also terminate the user contract for good cause without any notice period, if the customer violates his/her contrac-tual duties arising from these terms of use.

4. Fees and due date of payment

Regarding the use of the services of contentDock®, the prices indicated at the time of registration on www.contentdock.com shall apply.

EDIT shall generally be deemed bound by the prices applicable at the time of conclusion of contract. If the agreed prices must be adjusted in view of the general market development or because of higher prices charged for using third-party services, EDIT can do so at any time with future effect. In this case, the customer will be notified by email beforehand. The changes will become effective unless the customer objects to them by sending an objection to the address indicated in the email within 14 days. If the customer objects to the announced price increase, EDIT shall be entitled to terminate the contract when the price increase becomes effective.

If the customer is offered services subject to charge within the contentDock® system (e.g. in-app purchases, purchases of design templates), the prices shall be based only on the information provided therein.

To use the services of contentDock® subject to charge, the mode of payment must be selected, and the payment data must be entered. The customer can freely choose from the payment procedures offered by EDIT.

The fee for the services used will become payable at the time of providing the invoice in the user account. The customer will be notified of the provided invoice by email.

All costs incurred by EDIT due to incorrect payment data provided by the customer (e.g. incorrect credit card number, change of credit card contract, etc.) or misuse of the user account shall be borne by the customer, unless he/she can furnish proof that he/she has not violated any contractual obligation. EDIT reserves the right to assert further claims (e.g. dunning costs, lawyer’s fees).

In case of delayed payment, EDIT shall be entitled to deactivate the user account until full payment of the arrears including any costs incurred has been received. During this time, the customer can only access the Account Settings menu of his/her user account to update, for instance, the payment data and to manually effect payment.

The costs that continue to be incurred during the period of deactivation cannot be set off against the period of disruption.

5. Customer obligations and responsibilities for content

If the customer has also provided access to his/her user account for performing agents or staff members, he/she shall inform the performing agents of the terms of use and shall oblige them to comply with these terms of use. The customer shall be responsible for the activities of the performing agents in the same way as he/she is for his/her own activities.

The customer undertakes to always keep his/her user data, in particular his/her email address, up to date and to check his/her emails on a regular basis, because EDIT carries out all processes of communication (even those related to the contract) exclusively by email.

The customer also undertakes to keep his/her access data confidential and to protect his/her user account against unauthorised access. If the customer suspects or finds that his/her user account is used unintentionally or improperly, he/she must inform EDIT immediately and change his/her password as soon as possible. The customer shall be liable for any damage arising from the misuse of his/her user account, unless he/she furnishes proof that he/she is not at fault. In case of any suspected misuse, EDIT shall be entitled to deactivate the user account for the time being.

The customer shall be prohibited from making any attacks on contentDock® that are intended to restrict, to affect, to discontinue, or to change the functionality of contentDock®. In addition, the customer shall be prohibited from carrying out any acts that allow for, support, or promote any reverse engineering or decompilation of the data or functions of contentDock®. If the customer violates this contractual duty, EDIT will terminate the user contract without notice and assert any legal claims against the customer, if permitted and possible.

If EDIT provides the customer with an API interface, the customer is not allowed to pass on the relevant API key.

If the customer uses the services provided to collect personal data of third parties, he/she shall have sole responsibility for the collected personal data of his/her users. Therefore, the customer must always check whether the collection and processing of this data comply with the applicable data protection regulations, and must obtain approval from the affected parties, if required.

The customer shall be responsible for creating his/her own backup copies of the content uploaded by him/her beyond the contentDock® system to ensure that the data can be restored in case of loss.

The customer shall have sole responsibility for any user-generated content provided in contentDock®. EDIT does not take knowledge of the content generated by the customer, nor does it check the content. The customer must set up a provider identifier label for each contentApp in accordance with the statutory provisions to ensure that the end user can see in the respective contentApp who is responsible for the content under the applicable law. The customer shall confirm that his/her statements are true and correct, that he/she is entitled to use the content provided by him/her, and that this content does not violate any provisions of this agreement nor any third-party rights, intellectual property rights, copyrights, personality rights, or other rights and legal provisions. If EDIT is notified that user-generated content violates any of the above rights or legal provisions, it will deactivate the relevant contentApp immediately after receipt of notification and will inform the customer of the violation of law by email if the notification has been made by a third party. The customer shall be responsible for remedying the violations of law and clarifying the issue with the relevant third party immediately and at his/her own expense.

The customer shall be prohibited from uploading any content in contentDock® that is defamatory, discriminating, xenophobic, racist, insulting, sexist, pornographic, violent or violence promoting, or that infringes the law. It is irrelevant whether such content is available in contentApps subject to restricted access or in contentApps that can be accessed by the public. If the customer violates any of these rules, EDIT can deactivate the contentApp without prior notice. In case of gross or repeated violations, EDIT can inform the authorities in charge accordingly and delete the user account without any prior warning.

The customer shall be obliged to comply with all statutory provisions, in particular with those applicable in the respective regions where the customer wants to use the content as intended.

If EDIT deactivates or deletes a user account, the customer shall be prohibited from registering again.

The customer shall indemnify EDIT against any claims including damage claims and legal defence costs asserted by third parties or public authorities against EDIT for violation of law resulting from a) user-generated content of the customer or b) the use of contentDock® by the customer. If EDIT Is required to defend its legal rights and interests because of violations of the law committed by the customer, the latter shall immediately provide EDIT with all information on the relevant subject matter available to him/her and shall take all reasonable efforts to support EDIT in warding off the claims asserted against it. Any additional rights and damage claims of EDIT shall remain unaffected.

6. Grant of rights and data processing

EDIT grants the customer a revocable, basic, non-exclusive, non-transferable, and limited right to use the services provided in contentDock® to the extent required for the purpose pursued by contentDock®. This right shall be limited to the term of this contract and shall end upon termination of the contractual relationship. In addition to the granted right of use, the customer is granted no further rights to contentDock®, of whatever kind.

All rights to the content provided by the customer in the user account shall remain with the customer, provided that he/she is the owner of the rights.

To fulfil the contractual purpose of storing contentApps and displaying them in the Viewer app, the customer grants EDIT all rights required for performance of the user contract. EDIT shall be entitled to provide the data of the customer and his/her user-generated content not only in the live system, but also in backup systems. The right shall be granted only during the term of the contract and can be revoked by the customer at any time by deleting the content in the contentDock® management system. The customer is aware of the fact that the content deleted in an contentApp remains available on the end user’s tablet until the end user’s Viewer app has synchronised with the contentDock® management system. The data will be stored in the backup systems until they are overwritten in the backup rotation process.

EDIT shall be entitled to transfer, either wholly or partially, all rights and obligations arising from the contractu-al relationship to third parties. This shall apply in particular if EDIT transfers contentDock® to another operator. In such a case, EDIT will inform the customer by email beforehand. If the customer objects to such a transfer within the set period of time, he/she shall be entitled to cancel the contract.

7. Availability

EDIT seeks to ensure the availability of the services offered without any interruptions. However, no interruptions can be excluded, even if all reasonable efforts are made. Therefore, unlimited availability cannot be ensured—not least because of any incidents that are beyond EDIT’s control (e.g. the use of third-party services, force majeure, power and grid outages, natural catastrophes, embargos, government orders, or any other event). In addition, the hardware or software used on the customer’s or end user’s terminal device can have an impact on the availability or functionality of the service to be rendered. EDIT does not assume any responsibility for this.

EDIT reserves the right to change the services offered by contentDock® with respect to the performance to be rendered at its own discretion by taking into account the technical requirements and market realities to the extent this is deemed reasonably acceptable to the customer.

8. Limitation of liability

EDIT shall be liable vis-à-vis the user for any damage caused by itself or by its legal representatives or vicarious agents in the event of wilful intent or gross negligence.

In the event of slight negligence, EDIT shall be liable in case of injury to life, body, or health.

Beyond this, EDIT shall only be liable in case of infringement of any material contractual obligation. Material contractual obligations are any duties which are highly relevant to the fulfilment of the purpose of the contract, as well as any duties which might result in failure to fulfil the purpose of the contract in case of negligent infringement. In these cases, liability shall be restricted to compensation of any foreseeable damage that may typically occur.

EDIT’s no-fault liability for compensation of any defects that already existed at the time of conclusion of contract in accordance with § 536a of the German Civil Code (BGB) shall be excluded; the above paragraphs shall remain unaffected.

Liability pursuant to the German Product Liability Act shall remain unaffected as well.

9. Changes to the terms of use

EDIT reserves the right to change these terms of use with future effect—e.g. to adjust them to new or amended legal provisions or to introduce new services.

The applicable version of the terms of use is available on www.contentdock.com/en/terms-of-use.

The customer will be informed of any changes made to the terms of use by email beforehand. The changes shall become effective unless the customer objects to them within 14 days after being informed. In the email, the customer is informed about the possibility to object to the changes. If the customer objects to the changes, EDIT shall be entitled to terminate the contractual relationship with notice.

10. Saving the text of the contract

EDIT will not save the text of the contract. The terms of use applicable to all services of contentDock® are available on www.contentdock.com and can be printed out, if required.

11. Privacy Policy

The customer’s personal data is collected and processed only for performance of the contract and for settlement of payments. Personal data will not be passed on to third parties without the customer’s prior consent, except for the purpose of issuing invoices, settling payments and if instructed by any authority. For more information about data protection, please see the separate privacy policy.

12. Applicable law, place of jurisdiction, language of contract

The law of the Federal Republic of Germany shall exclusively apply subject to the exclusion of the UN Sales Convention.

If the customer is a qualified merchant within the meaning of the German Commercial Code, a legal entity or special fund under public law, or if the customer does not have any registered office in Germany, place of jurisdiction with respect to all disputes arising from this contractual relationship shall be Hamburg, Germany.

The language of the contract shall be German or English at the customer’s option.

13. Final provisions

If individual provisions of these terms of use are invalid in whole or in part or become legally invalid subsequently, the validity of the remaining provisions shall not be affected thereby.