User Terms - Oxygen Content Fusion
1. INTRODUCTION AND SCOPE
1.1 Welcome and Purpose
Welcome to Oxygen Content Fusion platform (the "Platform", "Service"), provided by Syncro Soft SRL ("we," "us," "our"). The Service is a cloud-based collaboration platform that enables users to create, edit, review, and manage technical content within shared organizational workspaces. The Service includes individual user accounts, organizational workspaces, document editing tools, version control, commenting and review features, and related functionality. These User Terms ("User Terms") govern your access to and use of an Organization Workspace to which you have been invited by an organization using our Platform.
These User Terms are specifically designed for users who join an existing Organization Workspace. If you create an organization, separate Organization Agreement terms will apply to that relationship.
1.2 Acceptance of Terms
By accepting an invitation to, or otherwise being granted access to or joining, an Organization Workspace and accessing the Platform, you agree to be bound by:
- These User Terms
- Our Acceptable Use Policy
- Our Privacy Policy
If you do not agree to these terms, you should decline the invitation or, where applicable, refrain from completing the signup process and/or accessing the Organization Workspace.
2. KEY DEFINITIONS
For purposes of these User Terms:
- "Organization" means the entity or business that has created the Organization Workspace and granted you access.
- "Organization Workspace" or "Workspace" means a logical shared collaborative environment within the Platform that is controlled by the Organization and to which you have been granted access.
- "Administrator" or "Admin" means a user designated by the Organization with elevated permissions to manage the Workspace, including the ability to invite users, remove users, assign permissions, and configure settings.
- "Organization Content" means all documents, data, files, comments, edits, and other materials created, uploaded, or processed within the Organization Workspace by any user, including you.
- "Your Contributions" means the specific content that you personally create, upload, edit, or add to the Organization Workspace.
- "Access Permissions" means the specific rights granted to you by the Administrator, which may include view-only access, commenting rights, editing rights, or other permissions as defined by the Organization.
3. INVITATION-BASED ACCESS
3.1 Access Grant.
Your access to the Organization Workspace is granted by invitation from an Administrator of the Organization, or otherwise as enabled by the Organization. You may only access the Workspace for which you have received a valid access, and your access is subject to the permissions and restrictions set by the Administrator.
Following your acceptance into the Organization Workspace, the Administrator assigns your Access Permissions. This may include roles such as "Author" or "Subject Matter Expert". You may only perform actions within the scope of your assigned permissions. The Administrator may modify your Access Permissions at any time without prior notice to you.
3.2 User Account Requirement
To access an Organization Workspace, you must either create a new, organization-specific user account on the Platform or log in with an existing account created for that Organization. When creating an account, you must provide accurate and complete information, including your full name and a valid email address.
You may also be able to register to use the Platform by logging into your account with your credentials from certain third party social networking sites ("Third Party Services") (including, but not limited to GitHub, Google, etc). You confirm that you are the owner of any such Third Party Services account and that you are entitled to give us permission to access and use your data from your Third Party Services Account as permitted by the Third Party Services and as permitted herein to provide the Service, and to store your login credentials for such Third Party Services.
You must be at least 16 years old to create an account and access the Platform. By accepting this invitation and creating an account, you represent that you meet this age requirement.
3.3 Account Security
You are responsible for maintaining the security and confidentiality of your account credentials. You must immediately notify both us and your Organization Administrator if you become aware of any unauthorized access to your account or any security breach.
You may not share your account credentials with others, allow others to use your account, or create multiple accounts for yourself. Each user must have their own unique account.
3.4 Limitations on Your Access Rights
You acknowledge and agree that your access to the Organization Workspace is contingent and limited in the following important ways:
- Limited Purpose: You may only use the Workspace for the business purposes designated by the Organization and in accordance with any usage policies communicated to you by the Organization or Administrator.
- No Ownership Rights: You have no ownership rights in the Organization Workspace itself. The Organization owns and controls the Workspace, and your access is merely a revocable permission granted by the Organization.
- Conditional Access: Your access may be suspended or terminated at any time as described in Section 7 below, and you have no guaranteed right of continued access.
- No Independent Rights: These User Terms do not give you any independent relationship with us separate from your relationship with the Organization. Your primary relationship is with the Organization that granted you access.
4. YOUR RESPONSABILITIES
4.1 Compliance with Acceptable Use Policy.
You must comply with our Acceptable Use Policy. This includes, but is not limited to, prohibitions against uploading illegal content, infringing intellectual property rights, transmitting malware, attempting unauthorized access, and engaging in abusive or harassing behavior.
Any violation of the Acceptable Use Policy may result in immediate suspension or termination of your access to the Workspace and potentially to the Service entirely.
4.2 Compliance with Organization Policies
In addition to our Acceptable Use Policy, you must comply with any additional rules, policies, guidelines, or instructions established by the Organization or communicated to you by Administrators. These may include:
- Confidentiality and non-disclosure requirements
- Document classification and handling procedures
- Permitted and prohibited uses of the Workspace
- Requirements for attribution or acknowledgment of contributions
- Restrictions on sharing or exporting content
- Technical requirements or formatting standards
The Organization has the authority to establish such policies, and we are not responsible for communicating or enforcing Organization-specific policies. If you have questions about the Organization's policies, you should contact your Administrator directly.
4.3 Authorized Access Only
- You may only access content and features within the Workspace that are specifically permitted by your Access Permissions. You must not attempt to circumvent access controls, view content you are not authorized to see, or access administrative features reserved for Administrators.
- You must not share access credentials or links in a manner that would allow unauthorized individuals to access the Organization Workspace.
5. ORGANIZATION CONTENT AND INTELLECTUAL PROPERTY
5.1 Organization Ownership of Workspace Content.
This is critically important: The Organization owns and controls all Organization Content within the Workspace, including Your Contributions. By accepting this invitation and using the Workspace, you acknowledge and agree that:
- The Organization, not you, owns all content created within the Workspace. This includes documents you create, edits you make, comments you post, and any other contributions, regardless of whether you created them independently or collaboratively with others.
- You are creating work product for the Organization. Your use of the Workspace is presumed to be in the course of your relationship with the Organization (whether as an employee, contractor, partner, or other relationship), and your contributions are work product belonging to the Organization.
- You have no independent intellectual property rights in Your Contributions made within the Workspace, to the extent such Contributions are original works created by you for the Organization. While you may have rights to similar content you create independently outside the Workspace, any original content you create or submit within the Workspace for the purpose of the Organization’s activities , shall vests in the Organization.
5.2 License Grant to the Organization
To the extent that any of Your Contributions might not automatically belong to the Organization under applicable law or under your separate agreement with the Organization, you hereby grant to the Organization a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, modify, distribute, display, perform, and otherwise exploit Your Contributions for any purpose. This license ensures that the Organization can continue to use and benefit from your work even if your access to the Workspace is terminated or if you dispute ownership.
5.3 Your Representations About Content You Upload
When you upload content to the Workspace that you created outside the Workspace or that originated from external sources, you represent and warrant that:
- You have the legal right to upload such content and to grant the rights described in Section 5.2.
- The content does not infringe or violate any third-party intellectual property rights, privacy rights, publicity rights, contractual rights, or other rights.
- The content complies with all applicable laws and regulations.
If you upload content that you do not have the right to upload, you may be personally liable for any resulting damages or legal claims, and the Organization may seek indemnification from you as described in Section 10.
5.4 Organization's Rights to Use and Control Content
The Organization has the unrestricted right to:
- Access and review all Organization Content, including Your Contributions, at any time and for any purpose.
- Edit, modify, or delete any content within the Workspace, including content you created.
- Control who can access specific documents or content, including restricting your access to content you originally created.
- Export, download, and use any and all content from the Workspace, including after your access has been terminated.
- Share content with third parties, subject to any confidentiality obligations the Organization may have.
- Decide how to attribute or not attribute your contributions when using or sharing content.
You acknowledge that you have no right to object to the Organization's exercise of these rights, and you waive any moral rights or similar rights you might have in Your Contributions to the extent permitted by applicable law.
5.5 Platform Intellectual Property
The Platform itself, including all software, features, functionality, user interfaces, designs, trademarks, and related intellectual property, is and remains the exclusive property of Syncro Soft SRL and its licensors.
These User Terms grant you no rights to our intellectual property. You may only use the Service in accordance with these User Terms and as necessary to access the Organization Workspace.
5.6 Feedback License. If you provide us with any feedback, suggestions, or feature requests regarding the Service ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such Feedback into our products without any obligation or compensation to you.
6. PRIVACY AND DATA PROTECTION IN THE ORGANIZATIONAL CONTEXT
6.1 Understanding Your Privacy Position
Your privacy rights within an Organization Workspace are significantly different from your privacy rights as an individual user of the Platform. You must understand the following critical points:
- The Organization is the data controller for all activities and data within the Organization Workspace, including information about your activities, Your Contributions, and metadata about your usage.
- The Organization, not you, determines how your data is used within the Workspace. The Organization decides what data is collected, how it is processed, who can access it, how long it is retained, and whether it is shared with third parties.
- We act as a data processor on behalf of the Organization for data within the Workspace. This means we process data according to the Organization's instructions and agreements, not according to your individual preferences.
- Administrators have broad access to information about your activities in the Workspace, including what documents you access, what edits you make, when you are active, what comments you post, and other usage data.
6.2 What the Organization Can See About You
When you use an Organization Workspace, the Organization and its Administrators can see:
- Your account information (name, email address, profile information)
- All content you create, upload, edit, or comment on
- Complete version history of your edits and changes
- Timestamps of when you access documents and when you make changes
- Your Access Permissions and role within the Workspace
- Activity logs showing your usage patterns
- Any messages, comments, or communications within the Workspace
- Metadata associated with your contributions
You have no expectation of privacy from the Organization for your activities within the Organization Workspace. You should assume that everything you do in the Workspace is visible to the Organization's Administrators.
6.3 Your Personal Data and Our Privacy Policy
While the Organization controls data within the Workspace, we also collect certain personal information about you as described in our Privacy Policy. This includes information necessary to provide the Platform services and to maintain your user account.
Our Privacy Policy explains what personal data we collect about you as an individual user of the Platform (separate from Organization Content), how we use that data, and your rights regarding that data. By accepting these User Terms, you also agree to our Privacy Policy.
6.4 Data Subject Rights in the Organizational Context
Under GDPR and other data protection laws, you have certain rights as a data subject, including rights to access, rectify, erase, restrict processing, port, and object to processing of your personal data.
- For data within the Organization Workspace (including Organization Content and information about your activities in the Workspace), you must exercise these rights against the Organization, not against us. The Organization is the data controller and is responsible for responding to your data subject rights requests concerning Workspace data.
- For your personal account data (such as your email address and account profile information), you may exercise data subject rights by contacting us as described in our Privacy Policy.
If you have questions about how your data is being processed within an Organization Workspace or wish to exercise data subject rights, you should first contact the Organization or Administrator who granted you access.
6.5 Data Retention After Access Termination
When your access to an Organization Workspace is terminated, the Organization retains full ownership and control of all Organization Content, including Your Contributions. The Organization may continue to use, store, and process that content indefinitely.
We will retain your personal account information in accordance with our Privacy Policy and applicable data retention obligations. However, the Organization's retention of Workspace content is governed by the Organization's own data retention policies, not by our Privacy Policy or these User Terms.
6.6 Consent to Data Processing
By accepting these User Terms and the invitation to join the Organization Workspace, you consent to:
- The Organization acting as data controller for your activities and contributions within the Workspace
- Our processing of your data as a data processor on behalf of the Organization
- Administrators having access to information about your activities as described in Section 6.2
- The Organization's retention and use of Your Contributions in accordance with Section 5
If you do not consent to this data processing arrangement, you should decline the invitation and not access the Organization Workspace.
7. TERMINATION OF YOUR ACCESS
7.1 Termination by the Organization
The Organization, through its Administrators, may suspend or terminate your access to the Organization Workspace at any time, with or without cause, and with or without prior notice to you. Common reasons for termination include, but are not limited to:
- Termination of your relationship with the Organization (such as end of employment or contract)
- Violation of these User Terms or the Organization's policies
- Security concerns or suspicious activity
- Organizational restructuring or changes in project teams
- Expiration of the Organization's subscription or license for your user seat
- Any other reason determined by the Organization in its sole discretion
You have no right to continued access to the Organization Workspace, and the Organization has no obligation to provide you with notice or reasons for terminating your access.
7.2 Termination by Us
We may suspend or terminate your access to the Organization Workspace and/or your user account on the Platform if:
- You violate these User Terms
- You violate our Acceptable Use Policy
- Your use of the Platform poses a security risk or threatens the integrity of the Platform
- We reasonably believe your account has been compromised or is being used fraudulently
- The Organization's subscription expires, is terminated, or the Organization fails to pay for your user seat
- We are required to do so by law or legal process
We will make reasonable efforts to notify you of termination and the reasons for it, except in cases where immediate suspension is necessary for security or legal reasons.
7.3 Voluntary Termination by You
If you wish to terminate your access to an Organization Workspace, you should contact the Organization's Administrator. You should not simply stop using the Workspace without notification, as the Organization may need to reassign your work or adjust access controls.
7.4 Effect of Termination on Your Content
Upon termination of your access to an Organization Workspace:
- The Organization retains all rights to Organization Content, including Your Contributions. The Organization may continue to use, modify, distribute, and otherwise exploit that content without any obligation to you.
- You will immediately lose access to all Organization Content, including content you personally created. You have no right to access, retrieve, or copy content from the Workspace after your access is terminated, unless the Organization chooses to provide such access.
- We have no obligation to provide you with access to Organization Content after your access is terminated. Any requests for access to your contributions must be directed to the Organization, not to us.
7.5 Survival of Certain Provisions
The following provisions survive termination of your access to an Organization Workspace: Section 5 (Organization Content and Intellectual Property, regarding ownership of content), Section 6 (Privacy and Data Protection, regarding data retention), Section 7.4 (Effect of Termination on Your Content), Section 10 (Indemnification, for claims arising before termination), and Section 11 (General Provisions).
8. WARRANTIES, DISCLAIMERS, AND LIMITATION OF LIABILITY
8.1 Your Warranties.
By accepting these User Terms and using an Organization Workspace, you represent and warrant that:
- You are at least 16 years old
- You have the legal capacity to enter into these User Terms
- All information you provide is accurate, current, and complete
- You have been authorized by the Organization to access the Workspace
- You will comply with these User Terms, and all applicable laws
- Content you upload does not infringe third-party rights
8.2 Our Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
8.3 No Warranty Regarding Organization Policies or Conduct
We make no representations or warranties regarding:
- The Organization's policies, practices, or conduct
- The Organization's handling of your data or content
- The Organization's compliance with applicable laws or its own policies
- Disputes between you and the Organization
- The accuracy or appropriateness of any rules or guidelines established by the Organization
Your relationship with the Organization is separate from your relationship with us, and we are not responsible for the Organization's actions or omissions.
8.4 Limitation of Liability
IN NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS YOU ARE ALSO A CUSTOMER (AND WITHOUT LIMITATION TO OUR RIGHTS AND REMEDIES UNDER THE CONTRACT), YOU WILL HAVE NO FINANCIAL LIABILITY TO US FOR A BREACH OF THESE USER TERMS. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THE USER TERMS IS ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.
9. DISPUTE RESOLUTION BETWEEN YOU AND THE ORGANIZATION
9.1 We Are Not Party to Your Disputes with the Organization
If you have a dispute with the Organization that granted you access, including disputes about:
- Your access rights or permissions
- Termination of your access
- Use or attribution of your contributions
- Alleged violations of the Organization's policies
- Data processing practices within the Workspace
- Any other matters relating to your relationship with the Organization
You must resolve such disputes directly with the Organization. We are not a party to these disputes and have no obligation to mediate, arbitrate, or otherwise participate in resolving them.
9.2 Limitation on Our Involvement
We will not intervene in disputes between you and an Organization except:
- Where required to do so by law or legal process
- Where we determine that the Organization is using the Platform in violation of our Terms of Service or Organization Agreement in a manner that affects you
- Where we determine that you are using the Platform in violation of these User Terms
Even in these limited circumstances, our involvement will be limited to actions necessary to enforce our own terms or comply with our legal obligations. We will not adjudicate the merits of disputes between you and the Organization.
9.3 Your Remedies Against the Organization
If you believe the Organization has violated your legal rights (such as employment rights, data protection rights, or contractual rights you may have with the Organization), your remedies are against the Organization, not against us. You should consult with legal counsel about your rights and options.
We do not assume any of the Organization's obligations toward you, and nothing in these User Terms creates any third-party beneficiary rights in you against the Organization or vice versa.
10. INDEMNIFICATION
10.1 Your Indemnification Obligations
You agree to indemnify, defend, and hold harmless Syncro Soft SRL, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including reasonable attorneys' fees) arising from or relating to:
- Your use of the Platform and Organization Workspace, including your access to content and your interactions with other users.
- Your contributions to the Workspace, including any claim that Your Contributions infringe or violate third-party intellectual property rights, privacy rights, or other rights.
- Your violation of these User Terms or our Acceptable Use Policy.
- Your violation of any applicable laws or regulations in connection with your use of the Platform.
- Your violation of any third-party rights, including intellectual property rights, privacy rights, contractual rights, or other rights.
10.2 No Indemnification Obligation to the Organization
For clarity, these User Terms do not create any indemnification obligation from you to the Organization or from the Organization to you. Any such obligations are governed by your separate relationship and agreements with the Organization, not by these User Terms.
10.3 Indemnification Procedures
If we seek indemnification from you under this Section 10, we will promptly notify you of the claim and give you control over the defense and settlement of the claim, provided that:
- You may not settle any claim in a manner that admits liability on our behalf or imposes obligations on us without our prior written consent
- We may participate in the defense at our own expense with counsel of our choosing
- You must keep us reasonably informed about the status of the claim and your defense strategy
11. GENERAL PROVISIONS
11.1 Modifications to These User Terms
We may modify these User Terms from time to time. If we make material changes, we will notify you by email to the address associated with your account or by posting a prominent notice in the Platform at least 30 days before the changes take effect.
Your continued use of any Organization Workspace after the effective date of revised User Terms constitutes your acceptance of the changes. If you do not agree to the revised User Terms, you must stop accessing all Organization Workspaces.
Note that we are not required to notify the Organization when we modify these User Terms. It is your responsibility to review notices we send to you and to stay informed about changes to these User Terms.
11.2 Modifications to the Platform
We may modify, update, or discontinue features of the Platform at any time, with or without notice. We will use reasonable efforts to notify Organizations of material changes to features they rely on, but we have no obligation to notify individual users directly.
The Organization's subscription plan may determine which features are available in the Workspace. We are not responsible for any limitations on features that result from the Organization's choice of subscription plan.
11.3 Entire Agreement
These User Terms, together with the Acceptable Use Policy and Privacy Policy (each incorporated by reference), constitute the entire agreement between you and us regarding your access to and use of Organization Workspaces.
These User Terms do not modify or affect any separate agreement you may have with the Organization. Your rights and obligations toward the Organization are governed by your relationship and agreements with the Organization, not by these User Terms.
11.4 Governing Law and Jurisdiction
These User Terms are governed by the laws of Romania, without regard to conflict of law principles. Any dispute arising out of or relating to these User Terms shall be subject to the exclusive jurisdiction of the courts of Bucharest, Romania.
11.5 Severability, Waiver, and Assignment
If any provision of these User Terms is found invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Our failure to enforce any right or provision of these User Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these User Terms or any rights under them without our prior written consent. We may assign these User Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
11.6 No Agency or Employment Relationship
These User Terms do not create any agency, partnership, joint venture, or employment relationship between you and us. Your relationship with the Organization (whether as an employee, contractor, partner, or otherwise) is separate from your relationship with us and is not affected by these User Terms.
11.7 Survival. Provisions that by their nature should survive termination of these Terms shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11.8 Contact Information
If you have questions about these User Terms, please contact us at:
- Syncro Soft SRL
- Email: legal@oxygenxml.com
- Address: Remus 5A, Craiova, 200082, Romania
For questions about the Organization Workspace, your access rights, or Organization policies, please contact the Organization or Administrator who granted you access.
