Terms of Service

Last Updated: May 7, 2025

1. INTRODUCTION

Index Data LLC (“Index Data,” “we,” “our,” or “us”) is a global provider of library services and SaaS offerings for open source projects including FOLIO, Project ReShare, VuFind, and LDP. These Terms of Use (“Terms”) govern your access to and use of our services, websites, and applications (collectively, the “Services”).

By accessing or using our Services, you agree to be bound by these Terms. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. SERVICES DESCRIPTION

Index Data provides cloud-based library services hosted on Amazon Web Services (AWS). Our Services may include but are not limited to:

  • SaaS offerings for open source library projects
  • Development services on a contract basis
  • Hosting and support services
  • Access to software applications and platforms

3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Creation

You may need to create an account to access certain Services. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Implementing multi-factor authentication when available
  • Notifying us immediately of any unauthorized use of your account

3.3 Access Control

We implement role-based access control (RBAC) and the principle of least privilege for system access. You agree not to circumvent or attempt to circumvent any access restrictions or security measures.

4. ACCEPTABLE USE

4.1 Compliance with Laws

You agree to use our Services in compliance with all applicable laws, regulations, and third-party rights.

4.2 Prohibited Activities

You shall not:

  • Use our Services to transmit any material that contains viruses, trojan horses, worms, or any other malicious code
  • Attempt to gain unauthorized access to our systems or networks
  • Interfere with or disrupt the integrity or performance of the Services
  • Conduct any systematic or automated data collection activities (including scraping, data mining, data extraction, and data harvesting) on or in relation to our Services without our express written consent
  • Use any robot, spider, crawler, or other automatic device, process, or means to access our Services for any purpose
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure
  • Reverse engineer, decompile, or disassemble any portion of our Services
  • Use our Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material
  • Share access credentials with unauthorized users
  • Use our Services in a manner that exceeds reasonable usage limits

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Our Intellectual Property

The Services and all related intellectual property rights are and shall remain our exclusive property or that of our licensors. Nothing in these Terms transfers any rights to you except the limited license expressly set forth in these Terms.

5.2 Open Source Software

Certain components of our Services may incorporate open source software governed by separate license terms, which shall take precedence over conflicting terms in these Terms with respect to the open source software.

5.3 Your Content

You retain all rights to any content you submit, post, or display through our Services. By providing content to us, you grant us a worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and distribute such content for the purpose of providing and improving our Services.

6. DATA PROTECTION AND SECURITY

6.1 Security Measures

We implement and maintain reasonable administrative, technical, and physical safeguards designed to protect your data in accordance with industry standards and applicable laws, including ISO 27001 requirements.

6.2 Data Processing

We process your data in accordance with our Privacy Policy and applicable data protection laws. Our data processing activities are limited to those necessary to provide our Services.

6.3 Incident Response

In the event of a security incident affecting your data, we will notify you in accordance with our Incident Response Policy and applicable law.

7. SERVICE LEVELS AND SUPPORT

7.1 Service Availability

We strive to maintain high availability of our Services through redundant infrastructure across multiple AWS Availability Zones and Regions. Specific service level commitments may be outlined in separate service level agreements.

7.2 Support Services

Support services are provided as specified in your service agreement. Our global team provides “follow the sun” support to address issues in different time zones.

7.3 Maintenance

We may perform scheduled maintenance on our Services. We will provide advance notice of scheduled maintenance except in emergency situations.

8. TERM AND TERMINATION

8.1 Term

These Terms remain in effect until terminated by either you or us.

8.2 Termination by You

You may terminate these Terms at any time by discontinuing use of our Services and closing your account.

8.3 Termination by Us

We may terminate or suspend your access to all or part of the Services, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

8.4 Effect of Termination

Upon termination:

  • Your right to access and use the Services will immediately cease
  • We may delete your account and all related information and files
  • Any fees paid by you are non-refundable unless otherwise specified in your service agreement
  • All provisions of these Terms which by their nature should survive termination shall survive

9. WARRANTIES AND DISCLAIMERS

9.1 Service Warranty

We warrant that the Services will materially conform to the specifications set forth in the applicable service documentation.

9.2 Disclaimer

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10. LIMITATION OF LIABILITY

10.1 Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INDEX DATA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

10.2 Cap on Liability

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Index Data and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of another.

12. CHANGES TO TERMS

We may modify these Terms at any time by posting the revised Terms on our website or by providing notice to you. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of such Terms.

13. GENERAL PROVISIONS

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.

13.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall be resolved by arbitration in accordance with the rules of the American Arbitration Association.

13.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

13.4 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

13.5 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

13.6 Entire Agreement

These Terms constitute the entire agreement between you and Index Data regarding the Services and supersede all prior agreements and understandings, whether written or oral.

14. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Index Data LLC Email: info@indexdata.com Website: www.indexdata.com