Terms and Conditions
Effective Date: 23 January 2024
This Eyevinn Open Source Cloud Terms of Service Agreement (the “Agreement” or “Terms of Service”) is made between Eyevinn Technology AB, VAT number SE556919995201, Vasagatan 52, 111 20 Stockholm, Sweden ( “the Service Provider”,“we,” “us,” or “our”) and you, our customer (”the Customer”, “you” or “your”).
This Agreement governs your use of Eyevinn Open Source Cloud, the “Service” or “Services”).
This Agreement provides the general terms and conditions within which you, your Representatives, your End Users, and the End Users of your Representatives may use the Services
This Agreement shall replace any previously applicable agreements as of the Effective Date.
Previous Agreement shall automatically terminate without any further action by either Party on the Effective Date.
We may update this Agreement by posting a revised version on our service homepage. By continuing to use our Services, you accept any such revised Agreement.
The Service includes hosting of Open Source code, OSaaS – Open Source as a Service.
As part of the acceptance of this agreement, you are also accepting
Linode's Terms of Service https://www.linode.com/legal/,
Linode's Acceptable Use Policy https://www.linode.com/legal-aup/
as well as the terms of any License of the Open Source code version you are using as part of the Service.
You authorize us to appoint our affiliates, sub processors, and third party service providers to provide ordinary and necessary data processing services related to the Services.
By creating an account, use or continuing to use the Service, you accept this Agreement electronically.
By creating an account, use or continuing to use the Service, you confirm that you are lawfully able to enter into agreements in both the law governing this Agreement, and in the jurisdiction in which you presently reside.
By creating an account for an organization, you guarantee that you are authorized by your organization to create the account, including accepting this agreement and any fees. You agree that you shall not disclose, transfer, license, or otherwise share your Account authentication to anyone outside of your organization. You agree to inform anyone within your organization about this Agreement and its content.
To be able to create an account you must provide an email address. By creating an account, you agree to receive notices from the Service Provider at this email address. You must, at all times, keep your email address valid and current so that we are able to contact you. You are also, at all times, responsible for ensuring the accuracy of your billing information, as part of your Account information.
We may deny any user to create an account and/or get access to the Services.
Service License: Subject to the terms hereof, we grant you a limited, time-bound, revocable, non-exclusive, non-transferable, non-assignable access to our Services. This includes the right to:
- Launch and tear down service instances
- Access launched service instances
We are providing standard technical support (hereafter, “Support”), which is accessed by email and provided on a best-effort basis during 9.00 to 16.00 Central European Time at weekdays, except Saturday, Sunday, and Swedish Public Holidays.
We are only providing Support to registered users and exclusively in topics regarding the use of the Service itself. You are responsible for providing support to any other users.
We do not provide support for application-specific issues such as application configuration, CGI programming, web server, mail server, database configuration, integration or any other such issue. We do not provide support for issues related to the development, maintenance, operation, or other administration of systems or services built using the Service. We do not offer or provide any End User Support.
Extended support or consultancy may be available upon request and subject for a separate agreement on a “per Service and per customer” base.
The Services are, in general, intended to facilitate the use of Open-Source software. The Services are partly provided with, or facilitated by, Open-Source software. The use of such software is subject to the applicable Open-Source license terms. By using the Services, you agree to comply with and be bound by the terms and conditions governing the use of applicable open source software programs.
We are not responsible for any code or code changes done by Third-Party providers, including but not limited to; any error or bugs that may affect any use, functionality, security aspects, regulatory aspects, or other aspects of implementing, using, or integrating with the Service.
We are not responsible for any issues or limitations regarding Service performance, included but not limited to, CPU, storage and bandwidth.
Any use of self-service OSaaS creation tools is based on best effort only and with no involvement or responsibility by the Service Provider. Any such tool is not included in any fees and only offered for users free of charge and on an “as-is” basis.
Third Party code or services are made available to you by the applicable entity and not from the Service Provider and may be subject to fees or costs imposed by Third Party service providers. It is your sole responsibility to ensure that Third Party code or services used by you is fit for your purposes.
You acknowledge and agree that the Service Provider is not responsible for any Third Party usage, and that the use of Third Party code or services is at your sole and absolute risk. The Service Provider may, at our sole discretion, prohibit the use of any Third Party code or services at any time. You acknowledge and agree that, with respect to Third Party code or services, the Service Provider is not party to any transactions between you and Third Party, and that in the event of a dispute between you and Third Party, you irrevocably release the Service Provider from any and all direct, indirect, incidental, special, punitive, exemplary, regulatory, or consequential damages arising from or related to Third Party usage.
The Services are being provided by the Service Provider to you “as is” and “as available” and that you, are accepting the services with all faults, whether or not immediately apparent. To the furthest extent of applicable law, the Service Provider and our representatives (i) expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including without limitation all expressed or implied warranties of title, merchantability, and fitness for a particular purpose; (ii) do not warrant that the services will meet your requirements, or that the services will be timely, uninterrupted, secure, error-free, or that any defects will be corrected; (iii) do not make any representations regarding the accuracy, reliability, timeliness, or completeness of the services; and (iv) are not responsible or liable for the deletion or failure to store covered user data.
Developer Tools: We may offer documentation or links to documentation of application programming interfaces (“APIs”) that allow developers to build applications connected to Third-Party Services. We are not responsible for any errors or missing information in the Third-Party documentation for API or any other documentation.
Beta Services: We may invite you to try beta, pilot, or limited release features (“Beta Services”). By using any Beta Services, you agree that the Beta Services are not intended for commercial usage, that it may be modified or discontinued at any time, that it may contain bugs or errors, and are not subject to any performance, uptime, support, or other service commitments. Any such Beta Services is intended for testing only.
Third Parties: We may provide links to and integrations with websites or services operated by others. Your use of each such website or service is subject to its terms of service.
The Service Provider shall have no obligation to maintain Data or backup Data other than user data for the Service
The Services may only be used for lawful purposes and comply with applicable law within the law of the country of the user and the law of the country of Sweden and United States of America as well as to our community standards.
The purpose of this Acceptable Use Policy (“Policy”) is to inform you of our expectations regarding your use of the Services. By using or continuing to use a Service, you accept and consent to the rights, obligations, and practices described in this Policy
- Applicability. This Policy applies to you and your Users with respect to the Services. You shall be responsible for: (i) informing your other Users, if any, of the existence of this Policy, as well as any amendments, updates, or modifications made to this Policy; and (ii) agreeing to this Policy, as amended, updated or modified from time to time, on behalf of all Users.
- Abuse. The Services may only be used for lawful purposes. You shall not use any Service to engage in, foster, or promote illegal, abusive, fraudulent, or irresponsible behavior, including without limitation:
- Creation or distribution of unsolicited bulk email and mailing lists;
- Distribute “spam” in any form or use misleading metadata;
- Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
- Act in a deceptive manner or impersonate any person or organization;
- Harass or stalk any person;
- Harm or exploit minors;
- Collect personal information about others without their authorization;
- Access another’s account except as permitted herein;
- Creation of an account after being previously terminated by the Service Provider without our prior written permission;
- Creation of one or several accounts for the purpose of excessive use of free periods, free plans etc.;
- Disruption or interference of any data system or network, computer or communications system, software application, or network or computing device;
- Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network.
- Use of any false, misleading, or deceptive header information in an email or a newsgroup posting;
- Use of an Internet account or computer without the owner's authorization;
- Distribution of any advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems;
- Distribution of any application or code that covertly gathers information about a user or covertly transmits information about the user;
- Unauthorized collection or use of any personally identifiable information or personally identifying information (including, without limitation, phishing, Internet scamming, password engineering, scraping, and harvesting);
- Unauthorized collection or use of any financial or health data; and
- Any conduct that is likely to result in retaliation against the Service Provider or our Representatives, including engaging in behavior that results in any server being the target of a denial of service attack.
- Except as authorized by law or as permitted by us in writing: scrape, reproduce, redistribute, frame, mirror, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
- Remove or modify any logo, watermark, or notice of proprietary rights embedded on or in the Services or any output thereof without our permission;
- Submit any malicious program, script, or code;
- Submit an unreasonable number of requests to our servers; or
- Take any other actions to manipulate, interfere with, or damage our Services.
- Cause or encourage others to do any of the above.
- Excessive Use of System Resources. You shall not use any shared system provided by the Service Provider in a way that unnecessarily interferes with the normal operation of such shared system, or that consumes a disproportionate share of the resources of the system, including without limitation, any form of cryptocurrency mining without the prior written permission of the Service Provider. You agree that the Service Provider may quarantine or delete any Data stored on a shared system if the data is infected with a virus, is corrupted, or has the potential to infect or corrupt any Data that is stored on the same system.
- Vulnerability Testing. You shall not attempt to probe, scan, penetrate, or test the vulnerability of the Service Provider or any Service, and shall not breach the Service Provider security or authentication measures, whether by passive or intrusive techniques, without the Service Provider's express written consent. If you are a customer to the Service Provider and need to perform a penetration test, let us know beforehand by contacting us.
- Newsgroups, Chat Forums, Other Networks. You shall comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as Internet Relay Chat and USENET groups. You must comply with the rules of any other network you access or participate in while using the Services.
- Offensive Content. You shall not Process any content or link to any content that does not comply with applicable law or the Service Provider’s community standards, including without limitation, any content that the Service Provider deems at its sole discretion, to:
- constitute, depict, foster, promote, or relate in any manner to child sexual abuse, bestiality, or non-consensual sex acts;
- be excessively violent, incite violence, threaten violence, or contains harassing content or hate speech;
- be unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- be defamatory or violates a person's privacy;
- create a risk to a person's safety or health, create a risk to public safety or health, compromise national security, or interferes with an investigation by law enforcement;
- improperly expose trade secrets or other confidential or proprietary information of another person or business;
- promote illegal drugs, violate export control laws, arise from or relate to illegal gambling or illegal trafficking;
- be otherwise illegal or to solicit conduct that is illegal under laws applicable to you or to the Service provider; or
- be otherwise malicious, fraudulent, or result in retaliation against the Service Provider by offended viewers.
- Intellectual Property. You shall not use the Service Provider's network or services to download, publish, display, distribute, copy or otherwise use or make available in any manner any text, music, software, art, image or other work protected by law unless: (i) you have been expressly authorized by the owner of the property; or (ii) you are otherwise authorized by established Intellectual Property law.
- Live Events. The Service Provider may prohibit you from streaming live events where there is a risk, in the Service Provider’s discretion, that the event may in itself violate this Policy.
- Use of Assigned Identification.
- You shall only use Internet Protocol ("IP") addresses assigned to you by the Service Provider in connection with your use of the Services.
- You agree that if a IP address assigned by the Service Provider to your Account becomes listed on an abuse database that you will automatically be in violation of this Policy, and that the Service Provider may take any reasonable action to protect our IP address, including suspension and/or termination of your service, regardless of whether the IP addresses were listed as a result of your actions.
- You agree that if you register a Domain Name System ("DNS") record or zone on a, by the Service Provider, managed or operated Service for a domain for which you are not the registrant or administrative contact according to the registrar's WHOIS system, then, upon request from the registrant or administrative contact according to the registrar's WHOIS system, the Service Provider may modify, transfer, or delete such records or zones.
- You shall not register to use any Service under a false name, or use an invalid or unauthorized credit card in connection to any Service.
- Enforcement and Effect of Violation. Violation of any provision of this Policy, whether as a single-instance or repeated occurrence, may result in the immediate interruption, suspension, or termination of your access and use of the Services, as determined by the Service Provider at its sole discretion. You acknowledge, understand, and agree that the Service Provider shall not be required to issue warnings, reprimands, or undergo any formal or informal process prior to causing the Services to be interrupted, suspended, and/or terminated.
- Changes. Amendments to this Policy may be made at any time and you should check back frequently for any changes. The Service Provider shall have the right and ability to amend this Policy at the Service Provider's sole and absolute discretion, and any amendments herein shall be effective within fourteen (14) days of being posted by the Service Provider or by your continued use of the Services, whichever later.
The Service Provider uses cookies and similar technologies to enhance your experience and interactions with services of the Service Provider, including our websites, which link to the Service Provider Terms of Service. The purpose of this Cookie Policy (“Policy”) is to educate you about the types of cookies that are utilized by the Service Provider and to inform you about your cookie management options. By using or continuing to use a Service, including without limitation any of the Service Provider operated website which links to the Terms of Services, you or the entity you represent accept and consent to the rights, obligations, and practices described in this Policy.
The Service Provider is committed to the principles of user consent and choice and encourages you to determine your preferred experience when interacting with the Service Provider. To this end, you may learn more about customizing the cookies, web beacons, pixel tags, local storage, scripts, and other analytical tools (collectively “Cookies”) used in connection with the Services under the “Managing and Disabling Cookies” section of the Cookie Notice. Please note, disabling certain Cookies may partially or entirely prevent you from using some services.
- Scope. This Policy describes the ways the Service Provider uses Cookies.
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Types of Cookies. A cookie is a data file that is distributed by an online service provider and stored on your device as a result of your web browsing activities. Cookies can exist in a temporary or persistent state, and serve a wide variety of purposes. The types of Cookies used by the Service Provider in connection to the Services are as follows:
- Performance Cookies: These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. The cookies may be set by us or third party providers. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
- Functional Cookies: These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then the enhanced functionality and personalization will not be available to you but only the basic functionalities.
- Targeting Cookies: These cookies are set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising, adverts will be shown to you, nevertheless.
- Strictly Necessary Cookies: These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms.
- Social Media Cookies: These cookies are set through our site by a range of third party social media services that we have added to the site to enable you to share our content with your friends and networks. These cookies are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see the social media sharing tools.
- Managing or Disabling Cookies. You may manage the storage of Cookies on your device by customizing your browser settings, clicking on the “Cookie Preferences” link at the bottom of any website where Implied Consent is applicable or, if you do not agree to the use of a Cookie described in this Policy, may set your browser to reject all or select technologies. You can also withdraw your consent to existing Cookies by deleting the cookies that have already been stored. Please note, the Service Provider cannot ensure that a Service will function as intended if you elect to disable Cookies on your device.
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Disclosure of Cookies. The following is a list of cookies supplied by Linode and their derivatives from vendors listed:
- Applicability. This Policy applies to you and your Users with respect to the Services. You shall be responsible for: (i) informing your other Users, if any, of the existence of this Policy, as well as any amendments, updates, or modifications made to this Policy; and (ii) agreeing to this Policy, as amended, updated or modified from time to time, on behalf of all Users. This Policy forms a part of the the Service Provider’s Terms of Service and is a Supplemental Use Policy thereunder.
- Browsers. The Service Provider is unable to provide browser support and requests that you consult your browser’s help function for specific Cookie management assistance. For your convenience, links to the user manuals of numerous browsers have been listed below.
- Changes. Amendments to this Policy may be made at any time and you should check back frequently for any changes. Linode shall have the right and ability to amend this Policy at Linode's sole and absolute discretion, and any amendments herein shall be effective within fourteen (14) days of being posted by Linode or by your continued use of the Services, whichever later.
For the Term, and subject to the Terms of Service, the Service Provider grants you a limited, time-bound, revocable, non-exclusive, non-transferable, license to use and, for some Subscription Plans, re-sell the Services. Re-selling of services to another legal entity (Business to Business) are only allowed in some Subscription Plans as described in the Service homepage. The Parties acknowledge and agree that this right is non-exclusive and revocable by the Service Provider at any time, and that the Service Provider shall have discretion to sell, provide, distribute, and/or otherwise make available any of its services or products at any time without limitation or restriction.
You may not assign or transfer any part of this Agreement without the prior written consent of Service Provider. The Service Provider may assign the Agreement to a representative or assign the Agreement in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all its assets or a controlling interest in its ownership.
We shall provide the Services in a professional manner.
We shall not have any proprietary rights to any Data that is Processed by you.
You shall not, and shall ensure that no Users (unless, and solely to the extent permitted by the terms of an applicable Open-Source license):
(a) modify, reverse engineer, decompile, disassemble, copy, distribute, sublicense, sell, resell, lease, create derivative works based on, or otherwise exploit all or any software-related portion of the Services; or
(b) appoint, authorize, or permit anyone to license, sublicense, or distribute the Services to any third party, or permit any unauthorized third party to access or use, all or any portion of the Services.
You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials and may not share your account credentials with anyone. If you are using a computer that others have access to, you must log out of your account after each session. You need to take any means to protect your account from unauthorized. use, included, but not limited to using strong passwords. If you become aware of unauthorized access to your account, you must change your password and notify us immediately. The Services are provided as a tool where, you are solely responsible and liable for any actions in your Account, including without limitation: (i) processing of personal Data; (ii) and any Data displayed and/or published as a result of using the Service.
The Services are provided as a tool where, you are solely responsible and liable for any actions in your Account, including without limitation processing of personal Data and any Data displayed and/or published as a result of using the Service.
You shall be solely responsible for backing up all your data that you find relevant that is related to the Service.
The Service Provider shall calculate, invoice, and charge Fees on a daily, weekly, or monthly basis. The fees may include a fixed fee plus variable fees for transactions or usage. By accessing, using, or allowing your users in your organization to access or use the Account or any Services, you agree that the Service Provider is permitted to automatically charge the payment mechanism associated with the Account.
Subscriptions automatically renew at the end of each subscription period unless canceled beforehand. Unused storage, bandwidth, and other usage limits do not roll over. Subscribers may opt out of automatic renewal by changing their account settings.
You must pay all fees (plus any taxes) during your subscription period and any renewal periods. Failure to entirely pay all Fees on a timely basis will result in loss of access to the Account and Service interruption and may be regarded as a breach to this Agreement.
Fees do not include, and you shall promptly pay all sales, use, value-added, consumption, and other applicable taxes and duties arising from or related to the Services. If any withholding tax is required on any payment, you shall pay such additional amounts as are required so that the net amount received by the Service Provider is equal to the amount then due and payable. You shall provide the Service Provider with all reasonable information and documentation as requested regarding the taxes which are or were due related to the Services.
The Service provider shall not be responsible for any bank fees, interest charges, overdraft charges or other fees resulting from your payment of an invoice. Currency exchange settlements will be based on agreements between you and your financial services provider.
The Service Provider may increase, decrease, or add new Fees for any Service by giving you thirty (30) days advance notice.
The Customer may, at any point, and on its own expense, transfer a service and the Source Code to run on its own infrastructure. This will terminate all the Service Provider’s commitments regarding that specific service. The customer may request a Time-and-Material based quote from the Service Provider for services to assist in such transfer. The Service Provider will respond to such a request in reasonable time.
By using or continuing to use a Service, including without limitation visiting the Service Provider's website or otherwise providing your Personal Data to the Service Provider, you accept and consent to the rights, obligations, and practices described in this Policy.
You shall ensure that your configuration and use of the Services contain appropriate physical, administrative, and technical safeguards (including the use of firewalls, encryption, and other tools) to protect against breach, disclosure, or unauthorized access of User Data and/or other Data. You shall be responsible and liable for the activities of any individual or entity who gains access to User Data or the Services as a result of your failure to comply with the obligations of this subsection.
The Service Provider is committed to the principles of user consent and choice and encourages you to determine your preferred experience when interacting with the Service Provider. To this end, you may limit, restrict, or deny the Service Provider's ability to share your Personal Data with third parties, or to use your Personal Data for a purpose that is materially different from the purpose for which it was originally collected or authorized by you, subject to applicable law. In order to exercise your right to choose, please contact us via email.
Some jurisdictions require the Service Provider to supply statutory notices regarding your Personal Data. These notices can be found here, including the Service Provider’s GDPR, Privacy Shield, and CCPA specific notices.
- Applicability. This Policy applies to you and your Users with respect to the Services. You shall be responsible for (i) informing your other Users, if any, of the existence of this Policy, as well as any amendments, updates, or modifications made to this Policy and (ii) agreeing to this Policy, as amended, updated or modified from time to time, on behalf of all Users.
- Types of Collected Data. The Service Provider considers any information that can be used to directly or indirectly identify you to be “Personal Data,” including without limitation, Personal Data that is accessed, collected, maintained, transmitted, and/or used by the Service Provider in the normal course of our business, and is subject to the provisions of this Policy, Terms of Service, and applicable law. Please note, in the absence of any notice to the contrary, you expressly grant the Service Provider permission to share your Personal Data at the Service Provider's discretion.
- Methods of Data Collection. The Service Provider uses cookies and similar technologies to enhance your experience and interactions with the Services. These tools can be stored locally, and are used by the Service Provider and our Representatives for operationally necessary purposes, as well as functional, performance, analytical, and marketing reasons. The Service Provider also uses third party tools, such as Google Analytics, to enhance our provision of the Services. Like us, Google Analytics may employ third party tracking tools to gather anonymous browser, operating system, geographic, and website navigation information. You can learn about Google’s privacy practices here, as well as also opt-out of your data from being shared with Google Analytics by downloading Google’s opt-out browser add-on here or by exercising your user choice options above.
- Purposes of Collected Data.
- For Customers. The Service Provider may use Personal Data to process your service requests, handle orders, deliver products and services, process payments, communicate with you about orders, provide access to secure areas of the Service Provider's website, and to enable the Service Provider to review, develop, and continually improve the products, services, and offers that it provides. The Service Provider also uses this information to prevent or detect fraud or abuses of The Service Provider 's website and to enable third parties to carry out technical, logistical, or other functions on its behalf, e.g. marketing activities.
- For Visitors. The Service Provider may use Personal Data to send information about the Service Provider to visitors and to contact such visitors. The Service Provider also uses the information that it collects to improve the content of our website, enhance user experiences, and as training aids for our employees. Visitors have discretion as to whether to grant information to the Service Provider, and may opt-out from such processes as outlined above.
- For Payment Information. The Service Provider may ask Account holders to enter credit card or account information in order to process orders for Services. Financial information provided via our website is transferred to the Service Provider Third Party Service Provider for payment processing. This information may be encrypted and stored for logging purposes by the Service Provider and our Third Party Service Provider for payment processing. Credit card numbers are used by our Third Party Service Provider only for processing payments and are not used for any other purposes. The Service Provider has entered into written agreements with our Third-Party Service Providers, and it will continue to enter into written agreements with third parties that provide payment processing services.
- For Use Information. The Service Provider uses website use information to measure interest in and develop its web pages and marketing plans, customize the content you view on your web visits based on your activity during past visits, and administer the Service Provider's website. In addition, the Service Provider uses:
- IP addresses to help diagnose problems with its servers, and to administer its website;
- cookies and other tools to help it recognize users as unique when they return to the Service Provider's website. The Service Provider also uses cookies to tailor content or advertisements to match your preferred interest; avoid showing Visitors the same advertisements repeatedly; compile anonymous, aggregated statistics that allow the Service Provider to understand how users use its site and to help it improve the structure of its website; and
- web beacons to count the number of times that its advertisements and web-based email content are viewed. The Service Provider combines web beacon information with cookies to track activity on its website originating from advertisements and web-based email content
- For Support Information. The Service Provider uses information that you provide to it via telephone calls, SMS, chat, email, web forms, and other communications to correspond with you about services you may be interested in purchasing. If you elect to purchase a service online using a web form, the Service Provider will use the information to establish your account. Information you submit in writing, such as chat, email, and web form information is archived and may be tied to information that the Service Provider collects about your web visits. Your telephone calls may be recorded for training and operational purposes and the Service Provider may enter information you provide via telephone into its systems to use for the purposes described in this paragraph.
- Disclosure to Regulatory Agencies and other Third Parties. The Service Provider transfers Personal Data to third parties, including without limitation, law enforcement agencies and consumer reporting agencies, in the normal course of business, subject to service of lawful process or your written consent. If you breach the Terms of Service, or if the Service Provider is under a duty to disclose your Personal Data in order to comply with any legal obligation, the Service Provider may disclose your information to the relevant authority. Disclosure may include, but is not limited to, exchanging information with other companies and organizations for the purposes of regulatory auditing, fraud protection and credit risk reduction. In particular, the Service Provider may release the information it collects to third parties when the Service Provider believes that it is appropriate to comply with the law, to enforce legal rights, to protect the rights and safety of others, or to assist with industry efforts to control fraud, spam or other undesirable conduct. The Service Provider may also release the information it collects to third parties, where the information is provided to enable such third party to provide services to the Service Provider, provided that the third party has agreed to use at least the same level of privacy protections described in this Policy, and is permitted to use the information only for the purpose of providing services to the Service Provider. In the event you request the disclosure of your Personal Data by the Service Provider, you will be responsible for the cost of disclosure efforts outside of the Service Provider 's normal course of business.
- Access to Personal Data. You control access to Personal Data maintained or stored by you via the Service Provider's web-based interface for account management. You may update your information at any time. You may cancel your account at any time and may request that your personal information be deleted from the Service Provider's databases, with the exception of: network access logs, which may be stored for any duration of time at the Service Provider's discretion; cases where financially fraudulent or otherwise illegal activity is deemed to have occurred (as determined by the Service Provider management or law enforcement officials), in which case personal information may be retained indefinitely for purposes of ongoing investigation and prevention of fraud recurrence; or cases where a violation of the Terms of Service has resulted in cancellation of your account (as defined by revocation of your permission to utilize the Service Provider's services), in which case personal information may be retained indefinitely for purposes of prevention of further use of the Service Provider's services in the future by the offending individual. Upon request, the Service Provider will grant you reasonable access to Personal Data maintained by the Service Provider about you. In addition, we will take reasonable steps to correct, amend, or delete information that is demonstrated by you to be inaccurate, incomplete, or processed in violation of applicable law. Unless required by law, the Service Provider will not permit you to access the Personal Data of any Data Subject other than yourself.
- Sensitive Information. The Service Provider will not intentionally collect or maintain, and requests that you do not provide, any information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive information. If you host any material or information that is sensitive, it will be solely your responsibility. The Service Provider is not responsible for any sensitive information stored by you on our systems.
- Third Party Transfers of Data. The Service Provider may transfer Personal Data to third parties acting on our behalf when operationally necessary to provide the Services.
- Children's Online Privacy Protection. The services are not designed for or directed to children under thirteen (13) years of age and the Service Provider will not intentionally collect or maintain information about anyone under thirteen (13) years of age.
- Unmanaged Service. You bear sole responsibility for maintaining the security of virtual private server ("VPS") environments maintained under your Account(s). You are solely responsible for ensuring compliance with any and all applicable privacy guidelines and regulations for all jurisdictions in which you may operate with respect to appropriate practices for the collection, storage, and dissemination of personal information using your VPS. In no event shall the Service Provider be held liable for your failure to adopt and/or practice appropriate measures for safeguarding personal information stored within or transmitted through your VPS.
- Enforcement. If you believe your Personal Data has been used in a way that is not consistent with this Policy, or if you have further questions regarding this Policy, please contact us via email.
- Dispute Resolution. Please direct any complaints regarding this Policy to us via email. We will attempt to resolve any such complaints in a reasonably timely manner and in accordance with this policy.
- Changes. Amendments to this Policy may be made at any time and you should check back frequently for any changes. The Service Provider shall have the right and ability to amend this Policy at the Service Provider's sole and absolute discretion, and any amendments herein shall be effective within fourteen (14) days of being posted by the Service Provider or by your continued use of the Services, whichever later.
The Service Provider retains all right, title, and interest in and to its technology, Confidential Information, Intellectual Property, Proprietary Information, and all modifications, alterations, derivative works, and enhancements thereto and all the Service Provider Intellectual Property Rights contained therein.
All Intellectual Property and related material, including without limitation, any trade secrets, moral rights, goodwill, relevant registrations, or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design, and trade name that is developed or produced by the Service Provider shall be the sole property of the Service Provider. The use of the Service Provider Intellectual Property shall be strictly limited to the Term for the Services arising out of or relating to the Terms of Service, and shall not be used for any other reason. You shall be responsible for any and all damages resulting from the unauthorized use of the Service Provider Intellectual Property.
Each Party may use the name and logo of the other Party to factually identify the Service Provider as the provider of the Services or that you are a customer to the Service Provider and may make no other use of any of such other Party’s Intellectual Property without such other Party’s prior written consent in each instance. Without limitation, the Parties shall not misrepresent or embellish the relationship between you and the Service Provider. Each Party may terminate the other Party’s right to use the applicable Party’s name, logo, and any other marks at any time immediately upon valid Notice.
In the event you provide the Service Provider with any suggestions, specifications, comments, information or other feedback, (collectively, “Feedback”), from time to time, you hereby: (i) irrevocably grant the Service Provider a universal, paid-up, royalty-free, perpetual, transferable license to any and all rights you may have with respect to all Feedback; and (ii) acknowledge that the Service Provider may utilize Feedback in any manner or media as the Service Provider may wish in the Service Provider’s sole discretion.
Each Party shall only use the other party’s Confidential Information in connection with the Service Provider’s provision of the Services to you or your use of the Services in accordance with the Terms of Service. The recipient of Confidential Information not disclose the disclosing Party’s Confidential Information to any third party unless such third party is providing services or functions in support of a Party’s exercise of its rights or performance of its obligations hereunder and is bound in writing by confidentiality and limited use restrictions substantially similar to those required hereunder or otherwise commercially reasonable and sufficient to obtain a substantially similar level of protection. The limitations on disclosure or use of Confidential Information shall not apply to information which: (i) is rightfully obtained by the recipient without breach of any confidentiality obligation; (ii) is or becomes known to the public through no act or omission of the recipient; (iii) the recipient obtains independently without using Confidential Information of the other Party; or (iv) is disclosed in response to a valid court or governmental order (such as a subpoena). The Service Provider may charge you, and you shall reimburse the Service Provider, for excessive costs incurred by the Service Provider in complying with such order or subpoena, including costs of attorneys for time spent retrieving, reviewing, and preparing responsive documents.
Mutual Each Party (the “Indemnifying Party”) shall defend, indemnify, and hold the other Party (the “Indemnified Party”) harmless (collectively “Indemnify”) arising from any loss, lawsuit, liability, damage, cost, and expense, including reasonable attorneys' fees (collectively “Indemnifiable Loss”) for any Dispute related to (i) reckless or intentional misconduct of the Indemnifying Party in connection with the Terms of Service; (ii) the Indemnified Party’s authorized use of the Indemnifying Party’s Intellectual Property except in the instance of a third party Dispute against the Indemnifying Party’s infringement of an Intellectual Property Right; (iii) any Breach or Default in the performance of the obligations of Indemnifying Party hereunder, including without limitation any breach of warranty. Specific to You You shall Indemnify the Service Provider from any Indemnifiable Loss for any Dispute arising from or related to: (i) your sale, resale, or referral of any Service; (ii) damage to property or injury caused by any Processing of Data in a manner that is inconsistent with the Terms of Service; (iii) any use of any Service in a manner that is inconsistent with the Terms of Service; (iv) your infringement of any third party Intellectual Property relating to Intellectual Property that you allow the Service Provider to display, disclose, publish, or otherwise use; (v) your failure to provide Notice to the Service Provider regarding the use of its Services for non-business purposes; and (vi) your failure to provide Notice to the Service Provider regarding the use of the Services in jurisdictions outside of the Kingdom of Sweden.
Specific to the Service Provider The Service Provider shall Indemnify you from any Indemnifiable Loss for any Dispute arising from or related to (i) damage to property or injury caused by any Processing Data in a manner that is consistent with the Terms of Service; and (ii) the Service Provider’s infringement of any third-party Intellectual Property relating to the Services.
Procedures As a condition precedent of each Indemnifying Party’s obligations, the Indemnified Party (i) must promptly provide Notice to the Indemnifying Party of any Dispute arising out of or relating to an Indemnifiable Loss; (ii) cooperate fully in the defence and/or settlement of any Dispute; and (iii) upon request by the Service Provider, grant the Service Provider full control of the defence of any applicable Dispute directly related to a Service provided by the Service Provider. Neither Party shall be permitted to consent to any judgment, settlement, or adverse action without the consent of the other Party, which consent shall not be unreasonably withheld.
The Parties are independent contractors and nothing contained in the Terms of Service shall be construed to create an association, trust, partnership, agency, or joint venture between the parties. The Terms of Service do not and are not intended to confer any rights or remedies, express or implied, upon any person other than the Parties hereto. Nothing in the Terms of Service shall be interpreted or construed as creating or establishing any employment or agency relationship between you and the Service provider. The Parties acknowledge and agree that you are not an employee of the Service Provider for any purpose, including without limitation, (i) taxes, (ii) workers’ compensation, social security, group insurance, retirement, or other contributing benefits, and (iii) sick leave or vacation pay customarily provided by an employer with respect to an employee. Each Party shall bear full and sole responsibility for its own expenses, liabilities, and costs of operation. Neither Party will have the authority to, and will not purport to, enter into any contract on behalf of the other Party, or commit it to any obligation.
Waiver To the fullest extent permitted by law, in no event shall either party, nor the Service Provider’s representatives, be liable for any indirect, incidental, special, punitive, exemplary, regulatory, or consequential damages, including without limitation any lost revenue or lost data, arising out of, or related to the services and/or the terms of service. The remedies provided in this agreement are exclusive, shall apply to all causes of action, and shall apply even if a party should have known that such damages were possible and even if a remedy fails of its essential purpose.
Limitation on Remedies To the fullest extent permitted by law, the aggregate liability of either party and the Service Provider’s representatives shall not exceed the amount of fees paid by you in the twelve (12) month period preceding the date a dispute is asserted by the applicable party. In no event shall the Service Provider be liable for any damages which directly or indirectly result from your failure to properly configure your use of the services.
Exclusions This section, “Limitation of Liabilities”, do not apply to any violations of either Party’s indemnification responsibilities or Intellectual Property Rights, nor do they apply to your financial obligations to the Service Provider.
This Agreement begins when you create an account and continues so long as you use our Service or have an account with us, whichever is longer. Paid Services will continue for the subscription period and will be automatically renewed for each month or a period set by the Service Provider.
If you breach this Agreement, or during an investigation of a breach, the Service Provider may terminate this Agreement immediately without advance written notice, alternatively suspend, delete, or limit access to your account (and all other accounts from your organization).
The Service Provider can, for any reason, terminate this Agreement with 30 days written notice to the email address given for registration of an account.
If the Service Provider disables your account for any reason, you may not re-register.
Effect of Termination Upon termination of this agreement, all rights and obligations under the Terms of Service shall automatically terminate except as otherwise provided in the Terms of Service.
Fees In the event of a termination of this agreement effectuated hereunder, as a result of the Service Provider’s material breach or default of the Terms of Service, you shall be obligated to render payment to the Service Provider for all outstanding Fees prior to the date of such breach or default. In the event of a termination of this agreement effectuated hereunder, not the result of the Service Provider’s material breach or default of the Terms of Service, you shall be obligated to render payment to the Service Provider for all outstanding Fees as of the termination date.
Data You shall return all of the Service Provider’s proprietary materials, Confidential Information, and other property, and immediately cease all access and use of the Service. Upon termination, the Service Provider may, without obligation to do so and unless otherwise required by applicable law, delete the User Data in its entirety without liability. The Service Provider may maintain a copy of the User Data in accordance with the Service Provider’s then-current data retention practices and as otherwise expressly authorized hereunder. The provisions of the Terms of Service which relate to confidentiality, intellectual property ownership, indemnity, limitations of liability, disclaimers, and payment obligations, along with terms which expressly or by their nature should reasonably survive termination, shall survive expiration or termination hereof.
You shall cooperate with the Service Provider’s investigation of any suspected violation of the Terms of Service. Without obligation to do so, the Service Provider shall have the right to audit User’s use of the Services from time to time.
The Service Provider and its Representatives shall not be liable for any failure to perform any obligation under the Terms of Service in instances where such failure arising from or is related to any cause beyond its reasonable control.
You shall not transfer, import, export, sell, resell, use, or otherwise use, permit, or facilitate any other party’s use of the Services in any manner which would cause any User or the Service Provider to breach any applicable US or Swedish trade control laws, orders, or regulations. In addition, you shall not, directly or indirectly export or re-export the Services: (i) to any country to which the is subject to US or Swedish embargo (including, for these purposes, any national or resident of any such country); or (ii) to anyone on the US Treasury Department’s List of Specially Designated Nationals and Blocked Persons, List of Specially Designated Terrorists, List of Specially Designated Narcotics Traffickers, or the US Department of Commerce Bureau of Industry and Security Denied Persons List.
The Parties will attempt in good faith to resolve all Disputes arising out of or relating to the Services and/or the Terms of Service. Unless otherwise required by applicable law without the possibility of contractual waiver or limitation, (i) neither Party will bring a Dispute arising out of or related to the Services and/or the Terms of Services more than two years after the cause of action arose, and (ii) after such time limit, any such legal action and all respective rights related to any such action immediately lapse.
This Agreement shall be governed by the substantive laws of Sweden excluding the rules of conflict of laws.
Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination, or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, considering the complexity of the case, the amount in dispute and other circumstances that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English.