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OpenText™ Core Share Cloud Services

 

Terms of Service

 

Welcome to the OpenText Core Share Cloud Services!

 

Your use of OpenText Core Share is governed by  these Terms of Service, our
Privacy Policy core.opentext.eu/users/#/privacy, and our Acceptable Use
Policy core.opentext.eu/acceptable (collectively, the "Terms"). The Terms apply
from the day that you sign-up for an account with us. We also have a Cookies
Policy, which can be seen here https://core.opentext.eu/users/#/cookie-policy.

 

The Terms give us the right (among other rights), in certain circumstances, to
change OpenText Core Share and the fees and the Terms, limit our liability,
process your personal data (including payment data) and transfer it outside of
the European Economic Area and/or to our service providers, and use your
uploaded content. The Terms also impose restrictions on how you can use OpenText
Core Share. So PLEASE READ THE TERMS CAREFULLY. The Terms form a binding
contract between us, Open Text UK Limited, and you, and for certain users are
governed by a law and courts of a different country to where you live. We
recommend that you print a copy of the Terms for future reference.

 

Some of the terms below will apply to you depending on whether you are a
consumer or an enterprise user. The terms marked "For Consumers only" will only
apply to you if you are a consumer. You are a consumer if you are a natural
person who is using OpenText Core Share for your own personal use. The terms
below marked as "For Enterprise Users" will apply to you only if using OpenText
Core Share wholly or mainly for your trade, business or profession.

 

These Terms do NOT apply to you if you have previously entered into a signed
agreement with respect to OpenText Core Share (in which case, such agreement
shall govern your use of the Services).

 

1. ABOUT THESE TERMS OF SERVICE

 

These Terms of Service apply to your use of and access to the OpenText Core
Share, including:

 

• the OpenText Core Share website, core.opentext.eu (the "Site"), OpenText
plugins, clients and mobile applications (each, an "Application"), any
information or documentation that OpenText makes available to you (the
"Documentation") (together, the "Services"); and

 

• any materials, including files, text, videos, images and other content that
you post or upload to the Site (collectively, "User Content").

Throughout the Terms, the words "OpenText", "we", "us", or "our" refers to Open
Text UK Limited and "you" "your" or "user" refers to the individual using and
accessing the Services pursuant to the Terms.

 

2. INFORMATION ABOUT US

 

The Services are provided by us, Open Text UK Limited. We are registered in
England and Wales under company number 03148093. Our registered office is at 420
Thames Valley Park Drive, Reading RG6 1PT and our VAT registration number is
834871308. The director responsible for the website is Gordon Davies. The
company in whose name this website's domain is registered is Open Text
Corporation, whose place of business is at 275 Frank Tompa Drive, Waterloo, ON,
N2L 0A1, Canada. You can contact us at +1 519-888-7111 and info@opentext.com.

 

From time to time, we may use our affiliates to provide some or parts of the
Services but we will always remain responsible for providing the Services to
you.

 

3. USE OF THE SERVICES

 

The Services are an internet-based knowledge and information management platform
that are designed to allow you and, if applicable, authorised users to store and
share User Content.

 

By using the Services, you and, if applicable, other authorised users, may
place, upload, post, and share User Content with each other and communicate via
posts related to such User Content or other communication capabilities that may
be provided by OpenText.

 

By using the Services and accepting these Terms of Service, you are confirming
that you are eighteen (18) years of age or older and able to be bound by the
Terms. You agree that you will use the Services solely in compliance with the
Terms and all applicable laws.

 

We may make changes to the Services to:

 • change, improve, update, upgrade, enhance, modify or add to the Services;

 • add to or change the way we provide the Services;

 • reflect changes or developments in technology;

 • withdraw, replace or remove certain parts of the Services;

 • make minor changes to the technical specifications; or

 • comply with a change to any law, code, regulation or regulatory guidance
applicable to us.

 

We will notify you of changes by posting a message in your account when you log
in to the Services. We will provide you with at least 14 days' notice by email
of any change which we reasonably believe (to the extent permitted by applicable
law) may: (i) put you at a disadvantage; (ii) negatively impact the Services; or
(iii) involve the withdrawal of any part of the Service. Please note that this
may not be possible in the event that the change is required due to a change to
law, code, regulation, regulatory guidance. If you do not agree with the
changes, you must stop using the Services and contact us to cancel your account
(cancellations are described below). Your use of and access to the Services in
whole or part after any change becomes effective will constitute your acceptance
of that change.

 

4. MODIFICATION OF THE TERMS

 

For Consumers Only:

We may change, modify, and/or add to the Terms, in whole or in part:

 • to make the Terms clearer or easier to understand;

 • in a way that does not cause you any significant disadvantage;

 • to cover any changes to the Services, as mentioned above;

 • if we reorganise the way we structure or run our business;

 • if we change the Fees (changes to Fees are described below); or

 • to comply with a change to any law, code, regulation or regulatory guidance
applicable to us.

 

If the change adversely affects your use of the Service, we will provide you
with 14 days' notice by notice to your account. Please note that this may not be
possible in the event that the change is required due to a change to law, code,
regulation or regulatory guidance. Your use of and access to the Services in
whole or part after any change becomes effective will constitute your acceptance
of that change. If you do not agree with the changes, you must stop using the
Services and contact us to cancel your account (the cancellation process is
described below).

 

For Enterprise Users:

We reserve the right, at our sole discretion, to change, modify, and/or add to
the Terms, in whole or in part, at any time. Such changes will be effective when
posted on the Site or on the effective date specified in our posting or other
notice. You agree to review the Terms periodically to ensure you are aware of
any changes to the Terms that apply to you. We may notify you of material
changes to the Terms by sending a notice to the email address associated with
your Account (defined below), posting a notice on the Site, or by other methods
that we may communicate to you. Your continued use of and/or access to any part
of the Services after any changes become effective will be considered your
acceptance of those changes and will constitute your agreement to be bound by
those changes. If you object to any such changes, you may not continue to use or
access the Services and any part thereof and your sole recourse will be to stop
using the Services.

 

5. PRIVACY AND SECURITY

 

In order for you to access and use the Services, we will collect certain
information about you. Your use of and access to the Services is subject to our
Privacy Policy, and our Cookies Policy, which can be accessed here
https://core.opentext.eu/users/#/cookie-policy.

 

6. SUBSCRIPTIONS; YOUR ACCOUNT; AND CANCELLATIONS

 

a. Your Subscription, Account, and Password

 

OpenText may offer both free subscriptions (each, a "Free Subscription") and
different categories of paid subscriptions (each, a "Paid Subscription") to
access and use the Service (each, a "Subscription"). To begin a new
Subscription, you must create an OpenText Core Share account (an "Administrator
Account") (unless you have signed up for a User Account, as described below) and
you will be the administrator of such Subscription (the "Admin"). As the Admin
of a Paid Subscription, you will have the ability to invite other users to open
an OpenText Core Share user account (each, a "User Account") in order to access
and use the Services associated with your Paid Subscription. Please note that
the price of your Paid Subscription will increase according to the number of
User Accounts that you have open. The Terms use the term "Account" to refer to
either an Administrator Account or User Account.

 

To create an Account, you must complete the registration form that is provided
through the Site. Your email address will be your user ID. Only one Account may
be associated with a unique email address so you must have a unique email
address for each Account that you wish to open.

You must provide true, accurate, current and complete information when you
create an Account and agree to keep such information up to date. You are
responsible for any failure to keep your Account details up to date. If we find
that your information is not up to date and you do not update it on request, we
may suspend your Account until you update your information.

 

You must not share your Account with anyone else and keep your password
confidential. You are solely responsible for your Account and OpenText is not
liable for any loss you might suffer due to you not keeping your password safe.
If you believe there has been unauthorised access to, or use of, your Account,
you must notify us immediately by contacting: info@opentext.com.

 

b. Subscriptions

 

1. Free trial for Free Subscriptions and Paid Subscriptions

OpenText offers a free trial of the Service to all new users for a period of
three months (a "Free Trial Period"). No payment details are required when you
sign up for a free trial.

 

As you agree that we will start providing the Services to you immediately when
you sign-up to the Services, you have a right to cancel your free trial within
14 days without giving any reason. To exercise the right to cancel, you must
contact us via the Site or by email at info@opentext.com. You may use the
following cancellation form, but it is not required:

-------------------------------------------------------------------------------------------------------

To: OpenText UK Limited

I hereby give notice that I cancel my contract with you for OpenText Core Share,
which was made on [insert date].

Name:

Address:

Date:

-------------------------------------------------------------------------------------------------------

Your free trial will be cancelled as soon as we receive your request.

If you wish to continue using your Account after the free trial, you will need
to convert your Account into a Paid Subscription and provide your payment
details during the Free Trial Period. You will not be charged until the end of
your Free Trial Period.

If you do not wish to continue using the Services at the end of your Free Trial
Period, your Account will be cancelled. We will send reminder emails to you know
when your Free Trial Period is ending and recommend that you save your files
elsewhere. If you decide to opt for a Paid Subscription within 90 days after the
end of your Free Trial Period, you will be able to restore your Account.

Please note that users cannot downgrade their Subscription. Therefore, if you
wish to opt for a Free Subscription Account at the end of the Free Trial Period,
you will need to close your existing account and open a new one.

 

2. Subscription Models

Each type of Subscription offers different features, including different total
storage capacity, maximum file size and number of permitted User Accounts. The
differences between each Subscription are available on the 'Pricing' page of the
Site or here: core.opentext.eu/pricing.

 

3. Subscription Term

Free Subscriptions (i.e. 'Personal' Accounts) do not have a set term. Paid
Subscriptions have a yearly term and automatically renew each year until you
cancel your Administrator Account. If you change your Subscription, the term of
your Subscription will start again. Details of how you can cancel are below.

 

4. Moving between different Subscription options

You can move from a Subscription option at any time by cancelling your Account
and opening a new Account with a different Subscription option. However, as part
of cancelling your current Account and Subscription, you will need to: (i) save
any User Content stored on the Service to an alternative storage medium before
opening a new Account to use with a different Subscription option; and (ii) pay
any outstanding fees for your current Subscription.

 

c. Cancellation of Accounts

 

1. Your cancellation rights

You may cancel your Account and Subscription at any time. Details of how to
cancel an Administrator Account and User Account are detailed below.

 

For Consumers Only:

If you cancel the Services, you will be able to request a pro-rata refund for
the Fees that you have paid but have not been used (this will depend on the time
remaining on your Subscription).

 

For Enterprise Users:

You may cancel your Account and Subscription at any time. Details of how to
cancel an Administrator Account and User Account are detailed below. Upon
cancellation you shall not have the right to any refund of Fees paid.

 

2. Cancellations of Administrator Accounts

To cancel your Administrator Account and Subscription, you will need to follow
any cancellation process described on the Site or email us at info@opentext.com.

 

Please note that, if you cancel by email, we may need to verify your identity,
which may take up to three working days and delay your cancellation.

Any User Content stored on your Account that has been backed-up by us will be
held for 90 days before being automatically deleted. We strongly recommend that
you download and save your User Content onto an alternative storage medium
before cancelling your Account and Subscription. If you would like to recover
any User Content that may be held within these 90 days, please contact us at:
info@opentext.com.

 

For Consumers Only:

You can request for your cancellation to be effective during a month, or from
the end of the month that you cancelled your Subscription or at the end of your
current Subscription year.

 

For Enterprise Users:

Your cancellation request will be effective at the end of your current
Subscription year.

 

3. Cancellations of User Accounts

To cancel your User Account, you will need to follow any cancellation process
described on the Site or email us at info@opentext.com. Please note that, if you
cancel by email, we may need to verify your identity, which may take up to three
working days and delay your cancellation.

 

d. Sharing Requests and Merger of Accounts

You may be able to merge an Account using a Free Subscription with an Account
using a Paid Subscription. To do this, the Admin of the Paid Subscription will
need to have an unallocated User Account and send a sharing request to the User
Account on a Free Subscription. If the request is accepted, the User Account
will become a User Account in the Paid Subscription and made available to all
other users who have Accounts within the Paid Subscription. Please note that the
price of your Paid Subscription will increase according to the number of User
Accounts that you have open.

 

7. FEES AND PAYMENTS

The following additional terms and conditions apply if you open an Administrator
Account and purchase a Paid Subscription to the Services:

 

a. Fees, Taxes and Incidental Expenses

You agree to pay all currently published fees for such Services that are posted
on the Site ("Fees") in advance of the Subscription Term. Fees for the OpenText
Core Share Services can be reviewed by clicking on the 'Pricing' page of the
Site or the following link: core.opentext.eu/pricing.

 

All Fees include taxes but do not include any incidental expenses you may incur
as a result of using the Services. Examples of incidental expenses are costs
your internet provider or telecommunications carrier may charge you for
accessing the internet or transferring User Content from your computer, tablet,
smartphone or any other electronic device (each, a "Device") to the Site. You
are solely responsible for any incidental expenses you may incur.

 

b. Fee Changes

We may change the Fees because:

 • the cost to us of providing the Services increases;

 • the cost of running our business increases;

 • we have reorganized the way that we structure or run the business; or

 • we need to comply with a change to any law, code, regulation or regulatory
guidance applicable to us.

 

In the event that the Fees are changed, we will notify you at least 30 days in
advance by email to the address you have most recently provided to us. Any Fee
adjustments will take effect at the beginning of the next Subscription Term for
the Services following the 30 days' notification period.

If you do not agree to a change in the Fees, you must stop using the Services
and contact us to cancel your Account and Subscription by following the steps
below.

 

c. Changing Subscription options

You must pay any outstanding Fees for your current Subscription before you can
change to a difference Subscription option. If you are changing to a Paid
Subscription that costs less than your current Subscription, we will offset any
fees that you have paid but are unused. We will apply these unused fees to your
new Subscription.

 

d. Payment Methods and Billing

We accept payment by debit card or credit card (Visa, MasterCard or American
Express) (each, a "Payment Method") over the phone or bank transfer to
OpenText's account. Once you sign up for a Paid Subscription you will be
directed to the contact details for an OpenText representative. The OpenText
representative will provide you with details of how to pay over the phone or to
sign a subscription form with OpenText. You will then be sent an invoice by
email which must be paid within 30 days. After the first payment, you agree that
we may automatically charge you and/or invoice you at the end of your
Subscription on a yearly basis depending on the method of payment specified when
you chose a Paid Subscription.

All Fees and payments must be in pounds sterling, euros or any other currency
that we agree in writing with you.

 

All Services must be paid for in advance and are provided on a rolling yearly
basis, depending on how you choose to pay. You authorise us to automatically
invoice you the Fees by your chosen Payment Method at the end of the term of
your current Subscription. We will automatically charge your Payment Method on
the date you open a Paid Subscription or change to another Paid Subscription
option and in advance of each Subscription Term for your Paid Subscription.

 

You agree to keep all information in your Account current and to provide
accurate and complete information concerning your Payment Method. You may edit
your Payment Method information or modify your Account information at any time
through your Account settings.

 

8. OUR RIGHTS TO SUSPEND OR TERMINATE YOUR USE OF THE SERVICES

We may suspend or terminate your Account or the Services provided to you for the
following reasons: (i) you breach the Terms; or (ii) your User Content contains
malicious code, viruses or other harmful code. If we suspect that any of these
reasons exist, we will suspend your Account, provide you with written notice by
email and give you a time period (where possible, at least 14 days) to fix the
breach. If you do not fix the breach within the time period provided, we may
terminate your access to the Services and your Account. You acknowledge that if
your Account is terminated, you will no longer have access to the User Content.

 

We may have to immediately suspend or terminate your Account in the event that
your User Content contains or is illegal material and/or we are directed to do
so by a law enforcement agency, regulator or other authority.

 

To the extent permissible by applicable law, in addition to our other rights of
termination, if your Administrator Account associated with a Free Subscription
remains inactive for a period of 90 days it may be removed and all User Content
associated with such Account may be deleted by us. We will provide you with
notice by email at least 30 days before your Account is deleted.

 

Any User Content stored on your Account that has been backed-up by us will be
held for 90 days before being automatically deleted. We strongly recommend that
you download and save your User Content onto an alternative storage medium
before cancelling your Account and Subscription. If you would like to recover
any User Content that may be held within these 90 days, please contact us at:
info@opentext.com.

 

9. USER CONTENT

The Services allow User Content to be uploaded and downloaded, and for User
Content to be accessed, hosted, shared or published. After you create an
Account, if you are an Admin you may upload, download and post User Content. If
you are the Admin of a Paid Subscription, you may invite other users to open a
User Account in order to upload, download, and post User Content. If you have a
User Account under a Paid Subscription, your Admin may restrict your ability to
upload, download or access User Content. By using the Services (including
occasions when you share your User Content with other authorised users of the
Services or upload a profile picture), you understand and agree that some
information may be visible to other users of the Services, including without
limitation, certain profile information associated with your Account and your
User Content.

 

All User Content is the sole responsibility of the person who originated such
User Content. We do not control or regularly monitor, nor can we take
responsibility for, such User Content that users upload or post to the Service.
We do not endorse User Content and we have no control over the content of User
Content submitted by you or other users. Any use or reliance on any User Content
or materials posted via the Services or obtained by you through the Services is
at your own risk. We reserve the right to prevent you from submitting User
Content and to delete User Content in the event that you breach the Terms or
terminate your Account.

 

You understand that by using the Services, you may be exposed to User Content
that might be offensive, harmful, inaccurate or otherwise inappropriate. To the
extent permitted by applicable law, under no circumstances will we be liable in
any way for any User Content, including, but not limited to, any errors or
omissions in any User Content, or any loss or damage of any kind incurred as a
result of the use of any User Content posted, emailed, transmitted or otherwise
made available via the Services.

 

As between you and OpenText, you or your licensors own all right, title and
interest in and to the User Content.

By submitting, posting or displaying User Content on or through the Services,
you grant us a worldwide, non-exclusive, royalty-free license to use, copy,
reproduce, process, adapt, modify, publish, transmit, display and distribute
such User Content solely (i) to provide the Services to you and your authorised
users, (ii) to comply with any request of a legal, governmental or regulatory
body or as otherwise required by law, (iii) for statistical use, and (iv) as
necessary to monitor and improve the Services.

 

You represent and warrant that you have all the rights, power and authority
necessary to grant the rights granted herein to any User Content.

 

10. YOUR CONDUCT AND RESPONSIBILITIES

 

a. Acceptable Use Policy

Your use of and access to the Services is subject to our Acceptable Use Policy,
which can be accessed on the Site or here core.opentext.eu/acceptable or below.

 

b. Device Usage

It is your responsibility to safeguard your Devices used to access or use the
Services. The Services may use data received or obtained from your Device or the
Application on that Device ("Device Data") and agree that we may use your Device
and Device Data strictly in order to provide the Services to you. You are solely
responsible for any additional Device usage fees, including without limitation,
fees for accessing the internet and transmitting data over a wireless carrier
network.

c. User Content Responsibilities

 

We have no obligation to monitor any User Content that you submit to the
Services or post on the Site. You are responsible for the accuracy and quality
of the User Content that you submit to the Services or post on the Site. You
must ensure that your User Content complies with these Terms and applicable laws
and regulations. You agree to promptly address and resolve any notices and
claims from any third parties claiming that User Content violates third party
rights.

 

To prevent User Content from deletion, loss, corruption, or destruction, either
by one of your Users or by us, you agree that the safest approach is to retain
separate archival and back-up copies of any User Content that you submit to the
Services or post on the Site.

 

11. OPENTEXT INTELLECTUAL PROPERTY RIGHTS

 

a. Ownership

Any intellectual property rights in the Services (copyrights, trade marks,
patents, design rights, trade secrets or any other right in the Services,
regardless of registration) belong to OpenText or its licensors. OpenText and
its licensors respectively reserve all rights, title and interest in the
Services. Except as provided for in the Terms, nothing in the Terms shall
transfer any intellectual property rights from OpenText or its licensors to you
and you acknowledge that the Services are not being sold to you.

 

b. Feedback

OpenText welcomes any comments, suggestions, recommendations and other feedback
in relation to the Services (including without limitation, modifications,
enhancements and improvements) ("Feedback") that you have. By submitting
Feedback to us, you agree that you have the right to provide Feedback to us and
grant OpenText, to the extent permitted by applicable law, an irrevocable,
worldwide, perpetual, royalty-free license to use the Feedback for any purpose,
including without limitation, to use any such Feedback to change the Services
that OpenText generally provides to any of its customers.

 

If you are a consumer in France, you agree to grant OpenText an irrevocable,
worldwide, royalty-free license for the legal duration of the protection of the
associated intellectual property rights to use the Feedback for any purpose,
including without limitation, to use any such Feedback to analyse, study and
change the Services that OpenText generally provides to any of its customers.

 

12. LICENSE TO OPENTEXT APPLICATIONS AND THIRD PARTY COMPONENTS

 

As part of the Services, we may provide you with an optional Application to
install onto your Device in order to use and access the Services. The
Application may be updated automatically when a new version is available. You
are responsible for any mobile data charges that you incur as a result of using
the Application.

 

Subject to these Terms, OpenText grants you a license to use any Application
provided by OpenText as part of the Services only on a Device that is owned or
controlled by you ("User License"). This User License is personal to you, cannot
be transferred and may be removed in the event that you breach the Terms. You
acknowledge that other users will hold a license to use the same Application.
The Applications (if any) will always be licensed and not sold. Unless we notify
you otherwise, the User License immediately terminates when the Services are
terminated or cancelled.

 

The Services may contain or be provided with open source software. Each
component of open source software may be subject to its own terms which can be
found at: core.opentext.eu/opensource. You acknowledge that such terms will
govern the use of the open source software.

 

13. THIRD PARTY SITES, PRODUCTS AND SERVICES

 

The Services may contain features and functions that enable users to post links
to third party websites ("Third Party Sites"). We are not responsible for and do
not endorse any Third Party Sites. We do not monitor or review any links to or
the content of Third Party Sites.

 

If you choose to access Third Party Sites through the Services, you accept that
you are doing this at your own risk and may be subject to separate terms and
conditions with the third parties running the Third Party Sites. We are not
directly or indirectly responsible or liable for any damage or loss you may
suffer from accessing Third Party Sites.

 

14. WARRANTIES

 

The Services shall be provided with reasonable care and skill and shall be as
described on the Site. We use industry standard efforts to ensure that the
Services are available to you. However, as the Services use complicated server
structures and rely on third parties, such as the internet and power suppliers,
which we do not control, to the extent permitted by applicable law, we cannot
guarantee that the Services will always be available to you or uninterrupted.

 

For Consumers Only:

To the maximum extent permitted by the applicable law, OpenText: (a) makes no
other promises in relation to OpenText or the Services; and (b) does not promise
that the Services or the Site will be free from errors.

 

For Enterprise Users:

To the maximum extent permitted by applicable law, OpenText: (a) makes no
additional representation or warranty or condition of any kind whether express,
implied (either in fact or by operation of law), or statutory, as to any matter
whatsoever; (b) expressly disclaims all implied warranties and conditions of
merchantability, fitness for a particular purpose, quality and accuracy; and (c)
does not warrant that the Services or site are or will be error-free, will meet
your requirements, be timely or secure, or that User Content will be secure or
not otherwise lost or damaged. To the extent permitted by your local laws, you
will be solely responsible for any damage resulting from the use of the Services
or Site. Use of the Services and Site are at your sole risk.

 

Some countries do not allow limitations of implied warranties, so some of the
limitations stated above may not apply to you. In that event, such warranties
are limited to the minimum warranty period permitted by applicable law.

 

15. ELECTRONIC SIGNATURES AND SIGNED DOCUMENTS

 

In certain Services, such as CoreSign, Services enable the use of signatures in
electronic form. It is User’s sole responsibility to ensure the legal effect of
the signatures obtained or provided through the Services. We make no
representations as to the legal effect or validity of any signatures used in
Services. User should be aware that the legal status of signatures may vary
depending in the applicable jurisdiction, the purpose for which the signatures
are used and other circumstances that may be relevant under applicable law. User
acknowledges that the legal validity and whether the documents.

 

User acknowledges that OpenText does not monitor the content or other
information exchanged through the Services. User further acknowledges that
OpenText has no involvement with and bears no responsibility for the content of
documents or other information exchanged through or which may be signed by means
of the Services. OpenText takes no responsibility and makes no representations
as to whether documents exchanged using the Services are legally binding or
valid under any jurisdiction.

 

OpenText makes no representation and accepts no responsibility for the
successful completion of a signing process, including, but not limited to, with
regard to emails reaching the intended recipient or the availability of the
Services for the completion of a signing process once initiated. OpenText does
not accept responsibility for and makes no representations regarding the
availability of such documents and information or any information generated in
the context of the Services.

 

16. YOUR LIABILITY

 

For Consumers Only:

To the maximum extent permitted by applicable law, you agree that you will be
responsible for and reimburse us for all claims, actions, liabilities, damages,
losses, costs, expenses, fees (including reasonable legal fees and costs) that
we may incur as a result of or arising from your use of or access to the Service
or breach of the Terms. This provision shall remain in full force and effect
even if your Account or access to the Services is terminated or cancelled (to
the extent permitted by any applicable law). We will contact you in the event
that we suffer any losses due to your use of the Services or breach of the
Terms.

 

For Enterprise Users:

To the maximum extent permitted by applicable law, you agree to indemnify and
hold us and our affiliates and our and their respective officers, directors,
employees, representatives, licensees, authorised designees, successors and
assigns, harmless from and against any and all claims, actions, liabilities,
damages, losses, costs, expenses, fees (including reasonable outside legal fees
and costs) that such parties may incur as a result of or arising from your use
of or access to the Service or breach of the Terms. We reserve the right to
assume the exclusive defence and control of any claim or any matter otherwise
subject to indemnification by you, in which event you will cooperate with us in
asserting any available defences. This provision shall remain in full force and
effect notwithstanding any termination or cancellation of your use of or access
to the Services. We will provide you with notification of any such claim or
demand that is subject to your indemnification obligation.

 

17. LIMITATION OF LIABILITY

 

For Consumers Only:

To the maximum extent permitted by applicable law, we will not be liable to you
for any unforeseeable or indirect losses. In any case, to the extent permitted
by applicable law, the entire liability of OpenText to you shall be limited to
the total amount actually paid by you for the Services. However, if the Services
are provided to you without charge, then we shall have no liability to you at
all. Nothing in these Terms shall exclude or limit OpenText's liability for: (i)
death or personal injury caused by negligence; (ii) fraud or deceit; or (iii)
any other liability that cannot be excluded by applicable law.

 

For Enterprise Users:

To the maximum extent permitted by applicable law, in no event will OpenText and
its respective officers, directors, employees, representatives, licensees,
authorised designees, successors and assigns, be liable to you for any indirect
or consequential damages arising from, or directly or indirectly related to, the
use of, or the inability to use, the Services and/or any part thereof, even if
OpenText is aware of the likelihood of such damages occurring. To the maximum
extent permitted by applicable law, in no event will OpenText and its respective
officers, directors, employees, representatives, licensees, authorised
designees, successors and assigns, be liable to you for any lost profits, lost
revenue, loss of goodwill, or business interruption arising from, or directly or
indirectly related to, the use of, or the inability to use, the Services and/or
any part thereof, even if OpenText is aware of the likelihood of such damages
occurring.

 

In any case and without limiting the foregoing, to the extent permissible by
applicable law, the entire liability of OpenText and its respective officers,
directors, employees, representatives, licensees, authorized designees,
successors and assigns, for all damages of every kind and type (whether such
damages arise in contract, tort (including negligence) or otherwise) shall be
limited to the total amount actually paid by you for the Services in the three
(3) month period immediately preceding the event giving rise to such claim;
provided, however, if the Services are provided to you without charge, then
OpenText shall have no liability to you whatsoever. The foregoing terms set a
limit on the amount of damages payable and are not intended to establish
liquidated damages. You expressly recognise and acknowledge that such limitation
of liability is an essential part of these Terms and OpenText's provision of the
Services to you, and is an essential factor in establishing the price of the
Services. The limitations and exclusions in this and the previous paragraph also
apply if the remedy set forth herein fails of its essential purpose. Nothing in
these Terms shall exclude or limit OpenText's liability for: (i) death or
personal injury caused by negligence; (ii) fraud or deceit; or (iii) any other
liability that cannot be excluded by applicable law.

 

Some countries do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to
you. You may also have other rights that vary from country to country.

 

18. ELECTRONIC COMMUNICATIONS AND NOTICES

 

From time to time we may need to get in touch with you regarding the Terms, the
Services and/or other matters related to your Account. We will provide this
information to you by email using the email address you provided to us when you
opened your Account and you agree that we may send emails to you. If you do not
want us to contact you by email, then you must not use the Services and contact
us to cancel your Account.

Emails sent to you will be treated as received the day after when the email is
sent by us. We do not accept any liability or responsibility for emails or other
electronic communications that are filtered, intercepted, lost, or not received.
You agree that all notices and other communications you receive from us by email
are in writing. If you need to obtain certain hardware and software to access
and store such communications, this will be your sole responsibility.

 

You may provide legal notices to us by registered post (and request a return
receipt) to the following address:

Open Text UK Limited

Att: General Counsel

420 Thames Valley Park Drive

Reading

RG6 1PT

United Kingdom

 

19. COPYRIGHT COMPLAINTS AND REMOVAL POLICY

 

We respect the intellectual property of others, and reserve the right to delete
or disable User Content that appears to violate the Terms or applicable law.
OpenText's Copyright policy is available for your review at www.opentext.com.

 

20. GOVERNING LAW; VENUE

 

For Enterprise Users Only:

THESE TERMS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF
ENGLAND AND WALES AND THE COURTS OF ENGLAND SHALL HAVE EXCLUSIVE JURISDICTION TO
HEAR ANY DISPUTE BETWEEN YOU AND OPENTEXT.

 

For Consumers Only:

THESE TERMS SHALL BE GOVERNED BY THE LAWS OF ENGLAND AND THE COURTS OF ENGLAND
WILL HEAR ANY DISPUTE BETWEEN YOU AND OPENTEXT. However, if you do not live in
England, you will be able to bring a claim in the courts of your country of
residence under the applicable laws of your country of residence.

 

You may also be able to refer a dispute to the European Online Dispute
Resolution platform at www.ec.europa.eu/odr. This is a web-based platform
designed to help consumers who have bought goods or services online by providing
access to independent alternative dispute resolution services which are usually
free to use.

 

For Enterprise Users:

The above paragraph shall not apply to you.

 

21. GENERAL

 

a. Translations. The original English version of these Terms has been translated
into other languages. In the event of a dispute about the contents or
interpretation of these Terms or inconsistency or discrepancy between the
English version and any other language version of these Terms, the English
language version shall, to the extent permitted by applicable law, apply,
prevail and be conclusive. The English language version is available on our
website or can be sent to you upon your written request.

 

For Consumers in France Only: The French version of the Terms shall prevail over
the English version of the Terms.

 

b. Severability. These Terms are subject to local laws and will only be applied
in each jurisdiction to the extent permissible by the local laws in that
jurisdiction. If any provision of the Terms shall be held unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable from the
Terms and shall not affect the validity and enforceability of any remaining
provisions.

 

c. Waiver. Our failure to exercise or enforce any right or provision of these
Terms shall not constitute a waiver of such right or provision.

 

d. Force Majeure. To the extent permissible by applicable law, we will not be
liable to you for any delay, interruption or other failure to perform under
these Terms due to acts beyond our reasonable control, including, without
limitation, natural disasters, wars, riots, terrorist activities, Internet
service providers and other third parties, explosions and fires, strikes and
employment disputes, government action and other acts beyond our reasonable
control.

 

e. Assignment. We may assign or transfer these Terms or our rights and
obligations under these Terms, in whole or in part, to any third party at any
time without notice, provided that this does not affect the provision of the
Services. You may not assign or transfer these Terms or any of your rights and
obligations, in whole or in part, without our prior written consent, and any
attempt by you to do so will be invalid and void.

 

f. Independent Contractors; Third Party Beneficiaries. Nothing in these Terms
creates a partnership, employment relationship or agency. Save for an Admin
having rights to enforce the Terms over a User Account, no third parties may
enforce these Terms.

 

g. Entire Agreement. These Terms and any other information on the Site or
otherwise provided to you by us shall be the entire agreement between you and
us.

 

h. Survival. Sections 4, 5, 6.c, 7.a, 7.d, 8, 10, 11 and 14 to 21 inclusive,
shall remain in full force and effect notwithstanding any termination of your
use of the Services.

 

22. CONTACT US

 

If you have any questions or comments, please email us at info@opentext.com.

 

23. LOCAL LAW REQUIREMENTS

 

If you are a Consumer or Enterprise User in Italy: According to section 1341 and
1342 of the Italian Civil Code, you expressly declares to have acknowledged, be
aware and expressly accept the following clauses of these Terms: 3, 4, 13, 14,
15, 16, 17, 19.

 

Last updated: March 2020

 




OpenText™ Core Share Cloud Services

 

Additional Privacy Terms Applicable to the Services

 

Introduction

 

Thank you for visiting the OpenText Core Share Cloud Services including the
OpenText Core Share website core.opentext.com (the "Site"), OpenText plugins,
clients and mobile applications (each, an "Application") (collectively,
“OpenText Core Share” or the “Services”). OpenText s collection, use and
disclosure of your personal information, content provided to OpenText or any
other data you provide to Company or place within the Services or an Application
will be governed by the OpenText Privacy Policy which shall apply to the
Services to the same extent as provided for therein with respect to any OpenText
website, subject to these Additional Terms, and the laws generally applicable to
OpenText as a provider of the Services. Before using the Services you should
read these Privacy Terms as they describe the manner by which we collect, use
and share certain Personal Data received via the Services. You will also be
asked to indicate your acceptance of the Terms of Service prior to accessing the
Services. If the Terms and Conditions for the Services and/or these Privacy
Terms are not acceptable to you, then you should neither use the Services nor
submit any Personal Data to or through it.

 

 

1. Data Controller

 

The Services are operated by Open Text Inc.("OpenText", "we", "our", or "us").
OpenText is the data controller for the Personal Data collected, processed, used
disclosed or transferred in connection with the Services.

 

2. Purpose of Policy and Definitions

 

In order to enable your use of the Services, and for other purposes described
herein, we receive and collect certain information from you, including Personal
Data. For purposes of these Privacy Terms,

 

(i) “Personal Data” means information that is about, or relates directly or
indirectly to an identified or identifiable individual (e.g. User Content, name,
e-mail address, phone number)

 

(ii) “Collection” of Personal Data means the acquisition of Personal Data by
whatever means;

 

(iii) “Processing” of Personal Data means the recording, alteration, transfer,
blocking or erasure of Personal Data; and

 

(iv) “use” of Personal Data means any handling of Personal Data that is not a
Collection or Processing.

 

These Privacy Terms are intended to provide you with information about our data
handling practices, including the types of Personal Data we collect, the
purposes for which we use such Personal Data, with whom we share Personal Data
as well as related information.

 

3. Scope of Policy

 

This Policy applies only to data Collection associated with your use of the
Services. When using the Services, you may see links to other websites, which
are not covered by this Policy and are likely to have different information
handling practices. We, therefore, encourage you to read the privacy policy of
each website you visit, as we are not responsible for the actions of such third
party websites.

 

4. Personal Data We Collect, Process and Use

 

4.1 Account and Services-related information

 

We may collect, process and use the following types of Personal Data that you
provide to us when you create an OpenText Core Share account (“Account”) to use
or access the Services:

 

-       Name and address;

-       Work contact information provided you signed up for a paid subscription
(e.g., company name, email address);

-       Login information, such as login name and password;

-       Payment information, such as credit card and/or financial account
information (if you subscribe to a paid subscription model).

 

In addition to such Account information, we may collect, process and use other
Personal Data that you voluntarily provide to use us via your use of the
Services (e.g., when you complete a form or submit an email to our customer
support service).

 

We may also collect, process and use any materials, including files, text,
videos, images, and other content you post or upload to the Site (collectively,
"User Content") to perform the Services or for other purposes described in these
Privacy Terms. Such User Content may include Personal Data relating to you or
other individuals. Please note that you are solely responsible regarding the
upload and sharing of such Personal Data with other persons and that we only
collect, process and use such Personal Data (including the sharing of such data
with other persons) in order to provide the Services to you and/or to perform
the selections you have made in the Services (e.g., disclosing data to other
persons whom you have given the right to view, read, download, delete and/or to
alter the User Content) and as further detailed in this Policy.

 

4.2 Passive information Collections

 

We may use technologies to passively collect information while you are using the
Services (that is, you do not actively provide this information). These
technologies allow us to collect the following kinds of information:

 

-       Internet domain name;

-       Internet Protocol Address (IP address);

-       type of web browser and operating system you use;

-       date and time you visit the Services;

-       specific pages you visit on the Services;

-       HTTP header information from your device, and our server logs;

-       Language;

-       Screen Resolution;

-       Page title.

 

We do not link this passively collected information with Personal Data that you
have actively provided elsewhere in connection with the Services.

 

Furthermore, we also collect non-Personal Data in connection with your use of
the Services, such as anonymous, statistical or aggregated information, for
instance with a view to determining which parts of the Services are most
popular.

 

5. Purposes of Personal Data Collection, Processing and Use

 

In addition to the purposes described in the Open Text Privacy Policy, we use
and process the Personal Data collected as part of your use of the Services for
the purposes described below.

 

5.1  Account Management and Provisions of the Services

 

We collect, process and use Personal Data in connection with your Account to:

 

-       create an Account that enables you to access and use the Services;

 

-       administer, execute and enforce the contractual relationship and the
agreed terms between us;

 

-       collect payments (if you subscribe to a paid subscription model);

 

-       respond to any inquires or questions you raise;

 

-       provide general support with regard to your use of the Services.

 

As mentioned above, we may also access or use User Content to provide the
Services to you, including by providing you with access to the User Content you
have uploaded so that you can view, download, amend, delete and/or share User
Content in your sole discretion.

 

5.2 Passive Information Collections

 

We collect, process and use Personal Data we passively collect information while
you are using the Services to:

 

-       administer, operate, maintain and improve the Services;

 

-       provide access to the Services to you;

 

-       provide you with a personalized experience of the Services;

 

-       provide technical support and maintain the functionality of the
Services; and/or

 

-       improve the system.

 

At times, we will use your HTTP header information and your IP address to help
diagnose problems with our server and to administer our Services. We may also
track browser types to help us understand our users’ needs related to the
Services. Except as otherwise described in this Policy, we do not honor Do Not
Track signals.

 

6. Recipients of Personal Data

 

We may share your Personal Data with other members of the OpenText group of
companies and with our business partners if there is a legitimate reason to do
so (e.g., if and to the extent this is necessary for answering or otherwise
complying with your requests). OpenText hosts Personal Data, and performs
Processing operations on Personal Data, using hardware and servers located in
the United States.

 

To the extent permitted by applicable law, we may share Personal Data with
courts and public authorities when we believe it necessary to comply with the
law, to protect the rights or safety of our Services, other users, or third
parties (e.g., for fraud protection and credit risk reduction purposes; for
protecting and defending the rights or property of OpenText, its customers,
other users, or members of the public).

 

We may utilize third party service providers (i.e., companies or individuals
engaged by us) to perform certain functions on our behalf and in accordance with
our instructions. Examples include database management, maintenance services,
web analytics, handling in-bound inquiries, removing repetitive information from
customer lists, analyzing data, Processing credit card payments, and providing
customer service.

 

In addition to these recipients, some information, including User Content, may
be visible to other users of the Services, including without limitation, certain
profile information associated with your Account and your User Content, such as
email account and/or profile photo. Please note that you are solely responsible
for with whom you share your User Content and who you want to provide with
additional rights to amend the User Content – thus, please be diligent in
choosing the individuals with whom you share your User Content.

 

7. Data Security

 

We are committed to protecting the security of your Personal Data. In order to
prevent unauthorized access or disclosure, we have put in place physical,
electronic and managerial procedures to safeguard and secure the Personal Data
you provide.

 

When you use secure areas of the Services, we use Secure Sockets Layer (SSL)
protocol with 128-bit encryption. This means that all the information sent
between your computer and our secure computer environment is encrypted or
scrambled so that no one can read it in transit. Secure areas of the site have a
time-out feature. If you leave your secure session inactive for some time, it
times-out to prevent unauthorized access.

 

8.  Data Privacy Rights

 

Depending on your location, you may have certain rights to access your Personal
Data, or to request that your Personal Data be rectified, deleted or blocked, as
provided by applicable law.

 

If you wish to exercise such rights, please contact us at info@opentext.com. We
may require follow-up or contact information to allow us to verify your
identity.

 

9. Data Retention, Deletion and Destruction

 

We will only retain your Personal Data until the purpose for which it was
collected has been accomplished or as otherwise required or permitted by
applicable law and internal data retention policies.

 

You can delete or amend User Content at any time by using the functionalities
provided in the Services. To completely delete the Account, you need to email us
at info@opentext.com. Deleted User Content stored in our backup systems will be
automatically deleted or updated during our backup procedures.

 

10. Changes to these Privacy Terms

 

We reserve the right, at our sole discretion, to change, modify, and/or add to
these Privacy Terms from time to time. If we do so, the new Privacy Terms will
be posted on the Site, along with its revision date, and all Personal Data
collected following the posting of such changes will be subject to the new
Privacy Terms. Such changes will be effective when posted or on the effective
date specified in our posting or other notice. You agree to review the Privacy
Terms periodically to ensure you are aware of any changes to the terms and
conditions that apply to you. We may notify you of material changes to the
Privacy Policy by sending a notice to the email address associated with your
Account, posting a notice on the Site, or by other methods that we may
communicate to you. Your use of and access to the Services or any part thereof
after any changes become effective will be considered your acceptance of those
changes and will constitute your agreement to be bound thereby. If you object to
any such changes, you may not continue to use or access the Services and your
sole recourse will be to stop using the Services.

 

11.  Contact Us

 

If you have any questions, comments, concerns or complaints about these Privacy
Terms, or the information practices of the Services, please contact us
at info@opentext.com.

 

Revised: 14 May 2018




OpenTextTM Core Cloud Services: Acceptable Use Policy

 

1. About this Acceptable Use Policy

 

1.1 This Acceptable Use Policy ("AUP") applies to your use of OpenText's cloud
services and Core service (the "Services") and anyone else that you allow to use
the Services.

1.2 All references to "OT", "we" or "our" in this AUP mean Open Text UK Limited.
Any reference to "you" or "your" means you and anyone else that you allow to use
the Services.

1.3 By using the Services, you agree and accept this AUP.

1.4 If you have any questions about this AUP, please contact us at
info@opentext.com.

 

2. Updates

 

2.1 OT may update this AUP from time to time, so please check our website
regularly at core.opentext.com/acceptable.html for updates. Where possible, we
will give you notice before an update is made. However, there may be
circumstances where we are unable to do this, for example, when changes are
needed for legal, regulatory or security reasons.

2.2 Your continued use of the Services after an update will mean you have
accepted the updated AUP. If you do not wish to continue using the Services
following an update to the AUP, please get in touch with us to cancel your
account.

 

3. Rules of conduct

 

3.1 You must not use the Services or encourage or assist other users or any
third party to do any of the following:
(a) use or manipulate the Services in any manner not permitted by this AUP or
the terms of service for the relevant Services (these are available at:
core.opentext.eu/terms, core.opentext.eu/privacy or www.opentext.com);
(b) harm, damage or disrupt the operation or performance of the Services, OT or
any other person or company;
(c) misrepresent or hide your identity or impersonate someone else either on the
Services or in an attempt to gain access to or illegally track any account,
user, device, system or network related to the Services;
(d) access any account that does not belong to you without permission;
(e) use the Services for any illegal or fraudulent purpose, or to publish, post,
share, copy, store, transfer, back-up (unless permitted by any applicable law)
or distribute any:
a. illegal or fraudulent files or data;
b. any material protected by intellectual property rights of a third party
unless you own or have necessary rights to such material; or
c. material that contains viruses, Trojan horses, worms, corrupted files or any
other similar software that may damage the operation of the Services or another
person's device or property;
(f) directly or indirectly reverse engineer, decompile, disassemble, modify,
reproduce or create derivative works of the Services unless permitted by any
applicable law;
(g) alter or modify any disabling mechanism which may be included in Services;
(h) remove, hide or alter any proprietary notices (for example, copyright or
trademark notices or legends) from the Services;
(i) assign, sub-license, rent, timeshare, loan, lease or otherwise transfer the
Services; or
(j) use the Services in a country that we do not offer the Services in or you
cannot purchase the Services in or in any country again which the EU, US or
Canada have issued trade sanctions or embargoes.

3.2 In addition, you must not (or encourage or assist other users or any third
party to) attempt to:
(a) circumvent user authentication or security of any host, network or account.
This includes, but is not limited to: accessing data not intended for you;
logging into, hacking into or making use of a server or account that you are not
authorised to access; or probing the security of other networks;
(b) use or distribute tools designed for compromising security. Examples of
these tools include, but are not limited to: password guessing programs;
cracking tools; or network probing tools; and
(c) interfere with Services to any user, host or network. This includes, but is
not limited to: "flooding" of networks; deliberate attempts to overload a
service; denial of service attacks; and trying to "crash" a host.

 

3.3 You must not use OT's network in a way that impairs network performance. The
Services and OT accounts operate on shared network resources. Excessive use or
abuse of these shared network resources by one user may have a negative impact
on all other users.

 

4. Your responsibilities

 

4.1 You are at all times fully responsible for your use of the Services by you
and anyone else that you allow to use the Services.

 

4.2 If you have signed up to use the Services as an individual consumer, you
promise that you are using the Services for your own personal use as a consumer
(wholly or mainly for purposes outside any trade, business or profession). You
accept that your account may be suspended or terminated in the event that we
find that you are using your account mainly or wholly for trade, business or
professional purposes.

 

4.3 You are solely responsible for keeping your account and password safe and
secure, and may not share your password and any other account access information
(including account name(s), passwords, personal identification numbers (PIN),
security token or similar information or devices used for identification and
authorisation purposes) with anyone. This includes choosing a password that is
not easy to guess. OT recommends a complex password that includes at least eight
characters that combines letters, numbers, and symbols, and which is changed
regularly (for example, once every three months).

 

4.4 OT regularly backs-up the data that you store on the Services. You agree,
however, that this does not guarantee that all of your data will be backed-up
immediately or at any specific point in time.

 

5. Our responsibilities

 

5.1 OT is not responsible for and does not exercise editorial control over the
content of any material (all documents and communication including narrative,
graphics, photographs, illustrations, images, drawings, logos, executable
programs, video recordings and audio recordings) that is uploaded to, created on
or accessible over or through the Services.

 

5.2 We reserve the right to restrict your access to any material or other
content that is illegal and may remove any materials that may be illegal or
which may violate this AUP, where we are made aware of such material or content.
However, we cannot and do not watch or monitor all material available on the
Services and cannot promise that the Services are free of illegal material or
other material considered unacceptable, inappropriate or offensive.

 

5.3 OT may cooperate with law enforcement agencies, regulators or authorities in
an investigation of any suspected illegal activity. As part of this, you accept
that OT may be required to disclose your personal information to the relevant
law enforcement agency, regulator or authority.

 

6. Actions that we may take

 

6.1 OT may take any one or more of the following actions in response to
complaints:
(a) issue written or verbal warnings;
(b) suspend certain access privileges;
(c) suspend or terminate your account;
(d) bill you for any administrative costs and/or reactivation charges; and/or
(e) bring legal action against you, including seeking an injunction to prevent
further prohibited activity, and/or to collect damages, if any, caused by
violations of this AUP.

 

6.2 We may suspend or terminate your account immediately without notice if we
find that you are using the Services in breach of law or regulation or we are
requested to do so by law enforcement agencies, regulators or authorities.

 

6.3 In the case of a serious breach, we may report you (and give your personal
information) to the police or any other relevant law enforcement agency.

 

6.4 Our failure to enforce this AUP, for whatever reason, shall not be a waiver
of our right to do so at any later time.

 

7. Reporting a breach or making a complaint

 

7.1 If you would like to report that someone has broken the terms of this AUP or
make a complaint about someone using the Services, please email
info@opentext.com.

 

7.2 If you would like to report copyright infringement or a breach of other
intellectual property rights, please see our Copyright Policy available on
www.opentext.com.

 

8. Contact

If you have any questions about this AUP, please get in touch by email at
info@opentext.com or through the Support page at core.opentext.eu/support.

 

9. LOCAL LAW REQUIREMENTS

If you are a Consumer or Enterprise User in Italy: According to section 1341 and
1342 of the Italian Civil Code, you expressly declares to have acknowledged, be
aware and expressly accept the following clauses of this AUP: 2 and 4.4.

 

Last updated: 1 July 2016




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