Product-Specific Appendix to the Proposal for axesFlip

axesFlip is software developed by axes4 GmbH for the automated creation of PDF/UA documents from PDF files.

It is available through various deployment options, licensing models, and billing models. The specific terms (deployment option, usage type, usage rights, billing model, scope, and term) are set forth in the offer.

This product-specific addendum to the offer for axesFlip supplements the offer and its other addenda, the additional provisions regarding the respective software licensing, and the General Terms and Conditions of axes4 GmbH or axes4 Deutschland GmbH.

axesFlip is available in the following deployment models. The specific deployment model determines both the location of the operation and responsibility for the operation (Section A7).

The software is operated as an internal service of the licensee and accessed internally via an HTTP/REST interface (typically as an on-premises deployment or as a cloud deployment managed by an IT service provider contracted by the licensee).

The software is launched directly as a command-line program, specifically for integration into the licensee's scripts or build pipelines.

The axesFlip SDK is a collection of programming tools and interfaces that enables software providers and integrators to seamlessly integrate axesFlip’s core technology into their own applications.

The software is operated by axes4 under a Software-as-a-Service model and made available to the licensee via an HTTP/REST interface.

The type of use is specified in the offer and is classified as follows:

• Internal use: PDF/UA creation is performed exclusively for the licensee’s own organization or for organizations affiliated with it on an arm’s-length basis.
• Commercial use: PDF/UA creation is performed by the licensee for third parties.

Under the terms of standard use, the licensee is granted a non-exclusive, non-transferable right to use the axesFlip components for their intended purpose for the duration of the contract.

Unless expressly agreed upon in the offer, the licensee is granted the right, under an OEM license, to integrate axesFlip components into its own software solution and to sublicense them to end users. The terms and conditions of the sublicense (in particular, permitted distribution channels, end-user terms, attribution requirements, and the billing model) are set forth in the offer.

The licensee may download all necessary components and will receive either an API key or a token from axes4 for licensing purposes, in accordance with the following terms and conditions.

Licensing for cloud use is handled via an API key, which is provided to the licensee through a web application after successful authentication.

If a token is required for licensing, axes4 needs the licensee to provide certain information in advance regarding the parameters to which the token is to be bound. The token can be bound to one or more of the following parameters:

• Hardware fingerprint;
• MAC address (especially in virtualized environments);
• Active Directory / Entra ID (similar to a floating license);
• OEM partner's code-signing certificate in combination with the product name(s);
• Product version.

The parameters appropriate for each specific case depend on the delivery method, the billing model, and the licensee's environment. A token always has an expiration date and is delivered via email.

Hybrid licensing combines:

• an API key (usually part of the token) and
• a token linked to the hybrid count and the associated cloud account.

The hybrid licensing token has no expiration date.

In a deployment marked as a demo, the axesFlip Worker runs with watermarks and color mapping in the output. Productive use of the demo version is not permitted.

The billing model is specified in the quote. The following models are available:

Page-based billing is only available for the Cloud deployment type or, for the REST Server, CLI, and SDK deployment types, in combination with hybrid billing. For the purposes of this appendix, a "page" corresponds to one A4 page in the output document. Any deviations from this are specified in the quote.

Flat-rate billing is available for all service types. Usage is limited to the number of threads specified in the quote or, in the case of the cloud, the number of instances. The exact limits are specified in the quote.

OEM licenses are billed per product by default. The details are specified in the quote.

For OEM licenses, an individually negotiated revenue-sharing arrangement may be agreed upon as an alternative. The basis, reference metric, billing period, and rights to review and audit will be specified in the proposal.

If a page-based billing model has been agreed upon, the licensee purchases page quotas in advance (prepaid packages). The purchased quotas are valid for a period of twelve (12) months from the date of purchase, unless otherwise agreed in the offer. The axesFlip Worker stops processing ("hard limit") as soon as the quota is used up, unless automatic top-up has been agreed upon.

If the fee is based on a certain number of threads or instances, the purchased package is valid for the period specified in the offer, starting from the date of purchase.

The specific terms regarding the notification of the licensee about the current usage status and the consequences of exceeding the subscribed quota (overuse / grace period) are set forth individually in the offer. Unless otherwise specified, the following applies:

(1) Any use of the software that exceeds the scope defined in the offer (e.g., transaction volume, number of licenses, or modules) or the agreed-upon term of use (hereinafter “excessive use”) is subject to a fee. In any case of excessive use, the provisions of the original contract and these additional terms and conditions shall continue to apply in full.

(2) axes4 is entitled to issue a supplementary invoice for the period and extent of the excess usage. The fee payable by the licensee shall be calculated in accordance with the terms agreed upon in the offer or, if not explicitly specified therein, in accordance with axes4’s current price list as of the date of the excess usage.

(3) In the event of continued use beyond the contract term (i.e., continued use after the contract term has expired without an express extension), the subsequent billing does not establish a permanent right of use or create a new, indefinite contractual relationship, unless axes4 and the provider expressly agree to this in writing.

With the Cloud deployment model, axes4 is fully responsible for the operation of the software.

In a hybrid counting setup, operational responsibility is divided by component:

• Conversion / Worker: The licensee is responsible for operating the axesFlip Worker.
• Counting: axes4 is responsible for operating the counter. The parameters appropriate for each specific case depend on the deployment type, the billing model, and the licensee’s environment.

For all other deployment types (in particular, REST Server, CLI, and SDK without cloud components), the licensee is solely responsible for operations.

In addition to the basic and extended support services described in the other parts of this agreement, the following applies to axesFlip:

Scope and Coverage:

As part of the Extended Support package, axes4 provides services to assist the customer with technical questions and issues related to the axesFlip software module covered by the contract.

Prioritized ticket handling (best effort):

Customer inquiries submitted through the official axes4 support system are given priority over inquiries from customers using standard support. These inquiries are handled on a "best effort" basis.

Prioritization is determined based on the criticality of the reported incident and the provider’s available resources.

Designated Contact Person:

axes4 assigns a dedicated contact person to the customer.

This person serves as a coordinating point of contact for complex inquiries and to ensure continuity in customer support.

Obligations to Cooperate:

The provision of Extended Support requires that the customer describe issues with sufficient precision and promptly provide the contact person with the information necessary for troubleshooting (e.g., sample data).

In addition to the other terms of the agreement, the following product-specific provisions apply to axesFlip.

The following applies to the Cloud deployment model:

• axes4 processes the licensee’s personal data in accordance with the Data Processing Agreement (DPA).
• The software is operated on servers located within the European Union.
• By default, documents are processed temporarily in RAM and deleted immediately after the result is delivered; no permanent storage takes place. This also applies by default in the event of an error.
• A document that has been processed incorrectly will be saved only with the licensee’s express permission. This consent is also a prerequisite for axes4 to provide support in a specific support case. The saved document will be used solely for the purpose of handling the respective support case and will be deleted once the case is closed.

During hybrid counting, axes4 does not process any personal data belonging to the licensee or end users as part of the actual conversion process.

For billing purposes, axes4 collects only statistical metadata from the documents. This includes, in particular:

• Title;
• Document Instance;
• Instance ID;
• Document ID;
• File Size;
• Number of Pages;
• Creator;
• Producer;
• Keywords;
• Subject.

The licensee shall ensure and warrant that it does not enter any personal data (in particular, real names, contact information, or other identifying information) into these metadata fields, and shall be liable to axes4 in the event of a breach of this obligation.

For each request, axes4 collects the following data to verify document processing and for billing purposes:

• IP address;
• Timestamp;
• Subscription ID.

For all other types of provision, the licensee is solely responsible for data protection and data security, unless otherwise required by law.

Professional services for axesFlip are billed on a time-and-materials basis according to axes4’s current hourly rates, unless otherwise specified in the quote.

The consulting services include, in particular, support for the implementation and rollout of axesFlip at the licensee's site.

Upon request from the licensee, axes4 creates templates for axesFlip.

Template Disclaimer: The person who creates the template is solely responsible for the technical accuracy of templates created using the axesFlip Designer. axes4 assumes no liability for the compliance of documents generated from axesFlip with relevant accessibility standards (in particular PDF/UA) unless it has created the templates itself. If the licensee or a third party creates the templates, that party is responsible for ensuring that the documents generated using the templates comply with the UA.

The atomic processing modules of the axesFlip Worker are referred to as "nodes." If axes4 creates custom nodes on behalf of the licensee, the intellectual property rights to these custom nodes belong to the licensee, unless otherwise agreed upon in the offer. axes4’s existing rights to the underlying platform, standard nodes, libraries, and utilities remain unaffected.

axes4 reserves the right to introduce an offer for the signing of custom nodes in the future. The terms and conditions for this will be set forth separately in the offer or in an addendum to this appendix.

Die Bestimmungen zu Service-Leveln und Gewährleistungsausschluss sowie zur Beschränkung der Haftung gemäss den übrigen Vertragsbestandteilen gelten für axesFlip unverändert. Sie werden durch die nachfolgenden produktspezifischen Regelungen lediglich ergänzt.

The provisions regarding service levels, warranty exclusions, and limitations of liability set forth in the other parts of the agreement remain in full force and effect for axesFlip. They are merely supplemented by the following product-specific provisions.

For the Cloud and Hybrid deployment models, axes4 resolves reported software bugs on a "best effort" basis within the scope of the contractually agreed support level. The parties acknowledge that, given the current state of technology, it is not possible to deliver software that is completely free of errors; however, axes4 warrants that axesFlip does not contain any defects that would prevent or significantly impair its use in accordance with the contract.

axes4 is not liable for the full accessibility or standards compliance (in particular PDF/UA, WCAG) of documents generated with axesFlip, to the extent that any non-compliance is attributable to the quality of the templates or source documents used. The Licensee is responsible for the technical accuracy of the templates (unless created by axes4; see Section A11.2) and for conducting appropriate spot checks of the generated documents.

Notwithstanding the other provisions of this agreement (such as Section 11 of the Terms and Conditions), axes4’s liability is limited as follows: axes4’s liability to the licensee in any calendar year shall not exceed the amount that the licensee has actually paid to axes4 during that calendar year.

The terms regarding the term and termination of the contract apply to licenses for axesFlip. The initial license term is twelve (12) months, unless otherwise agreed in the offer. The contract is automatically extended for additional twelve (12) months unless terminated in writing by either party at least three (3) months prior to the expiration of the respective term.

The right to terminate the agreement for cause remains unaffected.

Upon termination of the agreement, the Licensee shall immediately cease using axesFlip (including any OEM components and tokens), uninstall any components provided locally, and delete any stored copies.