Logo Generator
Terms and Conditions for the Logo Generator:
1 General
1.1 These Terms of Service govern the use of the IONOS Logo Generator service (hereinafter "Service"), available at https://www.ionos.ca/tools/logo-maker (hereinafter "Website"). By using the Service, you agree to these terms and conditions (“Logo Generator T&C”). The provisions contained in the Logo Generator T&Cs incorporate and are supplemental to IONOS’ General Terms and Conditions of Service (“GT&C”), by which you are also bound.
1.2 The Website is created, developed and operated byIONOS Inc. (hereinafter "IONOS").
1.3 The Service on the Website enables the user to create a logo ("Logo").
1.4 The Service does not include legal advice regarding the use of the Logo in private or business dealings in conformity with law or rights of third parties. The use, defense, or maintenance of the Logo is your responsibility and at your sole risk, and is not part of the Service.
1.5 "End User " means any natural person who designs or creates a Logo using the Service. You are solely responsible for any breach of the terms of this Agreement by or the acts or omissions of End Users who use your account or who otherwise act on your behalf.
1.6 "Logo" means the logo designed or created by the End User with the assistance of the service.
1.7 The End User uses the Service to create the Logo on the basis of and in accordance with the entries and settings made by the End User using the Service user interface.
1.8 Within the Service and during the development or design process of a Logo, the End User is shown various pictorial characters/symbols, icons, fonts, logos and design-elements (hereinafter "Templates") which the End User can use to design the Logo.
1.9 The Logo will be displayed after the End User's input or design process and will be available to the End User for preview.
1.10 In order to download and use the Logo, you must provide your e-mail address and consent to receive e-mail advertising. Participation in the Service is entirely optional. To opt-out of the program and forgo any further use of the Service, you may unsubscribe from our emails. The financial incentive offered herein is reasonably related to the value of the consumer’s data to our business, based on our reasonable but sole determination. We estimate the value of your personal information by considering the expenses incurred by the business related to the collection, storage and retention of your personal information in the context of the Service and the expenses related to the provision of the Service.
2 License for Use
2.1 The Website and the Service, including but not limited to the related domains, software, all add-ons, written materials, documentation, applications, websites, tools and products, templates, icons, fonts, logos and design-elements, all modifications, enhancements and updates to the Service, and in particular all copyrights, patent rights, trademark rights and all other ancillary copyrights and intellectual property rights in and relating to the Service (the “IONOS IP") are owned by or licensed to IONOS.
2.2 IONOS grants you the limited, non-exclusive, non-transferable, non-sublicensable, freely revocable, royalty-free right to use the Service.
2.3 Subject to your consent pursuant to Section 1.10, IONOS grants you the limited, non-exclusive, transferable, sub-licensable, freely revocable, royalty-free right to use the Logo.
2.4 You shall not modify or create derivative works of the IONOS IP.
3 Availability and Changes to the Service
IONOS may at any time, in its sole discretion, without notice to you, completely or temporarily:
1. shut down, change or restrict access to the Website, the Service and the Templates or individual parts thereof; or
2. limit the availability of the Service to certain persons and geographical regions.
4 Prohibited Use
4.1 The Service is for your own personal or business use only, and is not for resale. You may not use the Service to generate a Logo on behalf of client or other third party, whether for compensation or otherwise.
4.2 The use of the Website, Service, Templates or elements of the Templates or parts thereof, either in whole or in part, is subject to the provisions of the GT&C, including but not limited to Section 8 thereof. For the avoidance of doubt, you may not:
4.2.1 imitate, duplicate, reproduce, copy, sell, resell, rent, process or exploit the Service other than for your own personal use;
4.2.2 embed, frame or otherwise link directly to the Website or the Service without the prior written consent of IONOS;
4.2.3 make the Service available to any other third party in any form for private or commercial use, whether in return for payment or free of charge; or
4.2.4 Use individual Templates or individual elements of the Templates or parts thereof, irrespective of the Logo, elsewhere individually or in combination with other templates, trademarks or business designations not provided by IONOS.
4.2.5 Other than as set forth in these Logo Generator T&C, the End User is prohibited from imitating, duplicating, reproducing, copying, selling, reselling, renting, editing, or using in any other way or exploiting individual Templates or elements of the Templates individually or in combination.
6 Indemnity Claim
As set forth in more detail in the GT&C, you agree to indemnify IONOS and the other indemnified parties against all claims by third parties and the resulting obligations, damages, costs and expenses (in particular claims for damages, court costs, lawyers' fees and warning costs), and to compensate IONOS for any damage arising from such claims, relating in any way to any breach of this Agreement or the GT&C, including but not limited to any claim that your use of the Logo infringes upon the rights of a third party. You agree to inform IONOS immediately of any claim or demand made against it in connection with any third party claim resulting from your use of the Service or the Logo.
7 Warranty and liability
7.1 As set forth in more detail in the GT&C, the Service and the Logo are provided to you “AS IS” and WITH ALL FAULTS, and IONOS makes no warranties with respect to the Service, Website, or your Logo, including but not limited to the use of the Logo in business dealings or noninfringement or the use or registration of the Logo as a trade or service mark. IONOS does not warrant that the Website, the Service, Templates or individual elements of the Templates or parts thereof will function error-free and uninterruptedly, or will be constantly available and accessible and free of failures, bugs or malfunctions.
7.2 You agree that you are solely responsible for confirming that the individual Templates and/or their combination, which form the Logo, yourself or through a lawyer or other expert third party, do not infringe the intellectual property rights of third parties or other applicable legal regulations, morality or other rights of third parties.
8 Feedback
If you send or submit any ideas, suggestions, comments, proposals, plans or other content to IONOS regarding the Service, whether online, by email or otherwise ("Feedback"), you grant IONOS a royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right, to edit, copy, publish, distribute, translate, otherwise use or exploit in any medium, reproduce, perform, display, adapt or modify, create derivative works from, and use commercially or non-commercially, all or any part of the Feedback without limitation.
9 Application of the GT&C
You expressly agree and acknowledge that, except as modified by these Logo Generator T&C, your use of the Service (and use by your End Users) is subject to the entirety of the GT&C, including but not limited to those sections governing IONOS's limitation of liability for the Service, your indemnification obligations, and the provisions requiring mandatory arbitration of any disputes relating to the Service. The GT&C may change from time to time, and you agree to be bound by any such modifications if you continue to use the Service. We recommend that you review the GT&C before you use or renew the Services.
Last updated: 01/09/2023
Date of entry into force: 01/18/2023