Product Overview
Content Platform – Commercial (CiC)
1. FUNCTIONAL OVERVIEW
1.1 Content platform (CiC) creates a scalable, standardized, cloud-based platform to distribute high-quality content for spaces of living in multiple levels of detail supporting the industry’s value chain from consumer inspiration to project fulfillment, by organizing the Customer’s catalog information and making it universally accessible and useful.
1.2 Services described are accessible globally, but not all services or features may be available or legal in the Customer’s country. Cyncly reserves the right to restrict access to certain services or content in certain countries. The Customer is responsible for ensuring their use of the Services complies with local laws. Not all services are offered in all languages.
2. MARKET AND GEOGRAPHIC REGION
North America, Commercial only.
3. CONTRACT TYPE
Subscription.
4. CONTENT SERVICES COMMERCIAL MODEL
4.1 The Content Platform is available and includes the following functionality:
4.1.1 Bronze:
4.1.1.1 Cyncly will publish pricing Customer’s catalog on the Content Platform. Customer understands that its cloud-based catalog pricing will be published and openly accessible to all Authorised Users of the 2020 Worksheet software.
4.1.1.2 Until the Content Platform supports the publication of the Customer’s complete catalog, content will be made available through the monthly 2020 Commercial Catalog Disc set, at Myaccount.2020spaces.com and via the Catalog Downloader.
5. SUPPORT
Throughout the term, Cyncly will provide the Customer with email support during Business Hours.
6. SPECIAL TERMS
6.1 Cyncly may modify, update, or discontinue the Services (including any of their portions or features) or any Content at any time without liability to the Customer. However, reasonable efforts will be made to notify the Customer before making major changes to the functionalities provided under the Services. If Cyncly discontinues a Service in its entirety, the Customer will be provided with a pro rata refund for any unused prepaid fees for the Service.
6.2 Cyncly does not claim any ownership right on the Content the Customer uploads to the Content Platform or makes available to Cyncly. The Customer represents and warrants to Cyncly that they have the necessary rights to Upload Content to the Content Platform and to grant Cyncly the license rights described below. By publishing Cyncly Content, the Customer is responsible for the accuracy of such Cyncly Content and the information associated with the Cyncly Content and for making sure that such Content is current and updated.
6.3 Cyncly requires certain licenses from the Customer to the Content the Customer Uploads or creates in order to operate and enable the Services. When the Customer Upload Content to the Content Platform or creates Cyncly Content using the Content Platform, the Customer grants Cyncly a non-exclusive, perpetual, worldwide, fully-paid, royalty-free, sub-licensable, and transferrable license to use, reproduce, publicly display, distribute, modify, publicly perform, and translate such Content for the purpose of providing and improving the Services and the Content Platform. Unless otherwise specified, Initial Content will not be publicly available.
6.4 The Services may provide features that allow the Customer to share Content with other Authorised Users. Content Publishers will be able to share Content with other Content Publishers or with Content Authors. The Authorised Users may use, copy, modify, or re-share Content in many ways and may continue to use such Content even after the Customer Retires such Content. The Customer is entirely responsible for the Content shared or made available to other Authorised Users. Cyncly do not have an obligation to monitor or control what others do with Customer Content. The Customer is responsible for determining the limitations that are placed on Content and for applying the appropriate level of access to Content. For certain Services, if the Customer does not choose the access level which applies to the Content, the most permissive setting will be used by default.
6.5 The Customer may Retire Cyncly Content and thereby no longer make such Content available to third parties. The Customer agrees that Cyncly may retain (but not display, distribute or make available to Users), copies of Content that have been removed or deleted. The Retiring of Content does not affect the previous downloads and use of the Content by other Authorised Users.
6.6 The Services enable Customers to store their Cyncly Content directly on the Content Platform. If the Content Publisher decides to Retire Cyncly Content from the Content Platform, the Content Publisher will continue to have access to such Content (as Content Publisher) for an additional period of one year. After such period, the Retired Content will no longer be available on the Content Platform and Cyncly will have no obligation to continue to store such Content. If the Customer wishes to keep Retired Cyncly Content or wish to be able to access such Cyncly Content after the one-year period, the Customer must contact DPO@compusoftgroup.com to request a copy of their Cyncly Content. A full list of Cyncly Data Protection officers can be accessed here: https://www.cyncly.com/en/data-protection-officers. Certain fees may apply. If the Customer discontinues Services or Services are terminated for any reason, Cyncly Content will no longer be available on the Content Platform after one year of the Service termination date. Subject to the Customer's compliance with payment obligations, the Customer may request a copy of their Cyncly Content within the one-year period. Cyncly has no obligation with respect to the storage of Initial Content that the Customer Upload to the Content Platform. It is the Customer’s sole responsibility to ensure that any and all Initial Content is properly backed up and retained within their systems.
6.7 The Content Platform will make available Cyncly Content to Content Consumers. Content Publishers may have the option to determine which Content Consumers will have access to their Cyncly Content. Depending on the geographical location of the Content Consumer and other factors, a Content Consumer may not have access to all of the Cyncly Content available on the Content Platform at any given time. As a Content Consumer, the Customer may use Cyncly Content available on the Content Platform provided they have a Cyncly Account.
6.8 Cyncly Content may be modified by Authorised Users without prior notice to Content Consumers.
6.9 Cyncly Content is made available to Content Consumers through a non-exclusive license for the limited use exclusively through Software or Services.
6.10 The following restrictions apply with respect to Cyncly Content made available to Content Consumers:
6.10.1 The Customer may not sell any Cyncly Content to any third party;
6.10.2 The Customer may only use Cyncly Content as permitted through the Services or the Software;
6.10.3 The Customer may not share or distribute Cyncly Content to any third party unless such sharing or distribution is permitted through the Services or the functionalities offered through the Software; and
6.10.4 The Customer agrees not to alter any part of the Cyncly Content unless such alteration is enabled through the Services or the Software.
6.10.5 At any time, Cyncly can terminate the license rights to the Cyncly Content granted to a Content Consumer. Cyncly can also modify the information associated with Cyncly.
6.11 Cyncly may designate certain Services as a pre-release or beta version (“Pre-release Version”). Pre-release Version does not represent the final product or service and may contain bugs that may cause system or other failure and data loss. Cyncly may also choose not to commercially release the Pre-release Version or service.
6.12 If we designate a Service for use by educational users (“Educational Service”), then you may only use the Educational Service if you meet the eligibility requirements. Please contact us for details in this regard.
6.13 The Customer has no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if the Customer submits Feedback to Cyncly, then the Customer grants Cyncly a non-exclusive, worldwide, fully paid, royalty-free license that is sub-licensable and transferrable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, translate and publicly perform the Feedback.
6.14 The Customer is responsible for all activity that occurs via their Account. The Customer is required to notify Cyncly immediately if the Customer becomes aware of any unauthorized use of their Account.
6.15 The Customer may not (a) share Account information or (b) use another person’s Account to access the Services or the Content Platform.
7. DEFINITIONS
7.1 “Cyncly Content” means images, graphic files, associated data and text files (including names and trademarks) and interactive features resulting from the use of Software, Authoring Tools or as otherwise made available to Content Consumers.
7.2 “Cyncly Generic Content” means un-branded images, graphic files, associated data and text files and interactive features made available to Content Consumers by Cyncly.
7.3 “Account” means a Content Platform account which enables access to various services, including the Content Platform.
7.4 “Authoring Tools” means the authoring tools made available on the Content Platform to create Cyncly Content.
7.5 “Content” means, collectively, Initial Content, Cyncly2020 Generic Content and Cyncly2020 Content.
7.6 “Content Author” means a Person who creates Cyncly Content from Initial Content through the use of the Authoring Tools.
7.7 “Content Consumer” means a Cyncly Content user or downloader.
7.8 “Content Publisher” means a Person distributing or otherwise making available Cyncly Content to Content Consumers through the Services.
7.9 “Content Platform” means the web platform which enables the creation and distribution of Cyncly Content to Content Consumers.
7.10 “Initial Content” means the images, graphic files, associated data and text files (including names and trademarks) Uploaded to the Content Platform or otherwise provided to Cyncly for the purpose of creating Cyncly Content.
7.11 “Person” means a physical or a legal person other than Cyncly or its affiliates.
7.12 “Retire” means the action of rendering Cyncly Content inaccessible to Content Consumers on the Content Platform.
7.13 “Retired Content” means Cyncly Content which is no longer made available to Content Consumers through the Content Platform.
7.14 “Services” means Content in the Cloud Platform, Cyncly websites or services therein.
7.15 “Upload” means the Customer action of uploading Initial Content or Cyncly Content onto the Content Platform.