TERMS OF USE
TERMS OF USE
Arkiwera
Arkiwera
1. GENERAL CONDITIONS
1. GENERAL CONDITIONS
1.1 These terms of use (the ”Terms of Use”) regulates your (”Customer”) use of the service that Arkiwera wcrify AB (Swedish company registration number 556678-0606) (“Arkiwera”) supplies through the application Arkiwera (“The Application”).
1.2 These Terms of Use regulate Customer’s use of the Application, including all of the functions and all of the content that is associated therewith. These Terms of Use and Arkiwera’s privacy policy (https://arkiwera.se/privacypolicy) together with possible additional terms and conditions that Customer accepts constitues the complete agreement between Customer and Arkiwera (collectively, ”The Agreement”). By accepting these Terms of Use and/or by using the Application, Customer accepts the agreement, and every usage of the Application shall be performed in accordance with the agreement.
1.1 These terms of use (the ”Terms of Use”) regulates your (”Customer”) use of the service that Arkiwera wcrify AB (Swedish company registration number 556678-0606) (“Arkiwera”) supplies through the application Arkiwera (“The Application”).
1.2 These Terms of Use regulate Customer’s use of the Application, including all of the functions and all of the content that is associated therewith. These Terms of Use and Arkiwera’s privacy policy (https://arkiwera.se/privacypolicy) together with possible additional terms and conditions that Customer accepts constitues the complete agreement between Customer and Arkiwera (collectively, ”The Agreement”). By accepting these Terms of Use and/or by using the Application, Customer accepts the agreement, and every usage of the Application shall be performed in accordance with the agreement.
2. REGISTRATION OF USER ACCOUNT
2. REGISTRATION OF USER ACCOUNT
2.1 To get access to the Application, Arkiwera registers a user account (”User Account”). Customer is responsible for having an IT environment that makes it possible to use the Application.
2.2 It is Customer’s responsibility to ensure that the contact information and any other type of information that Customer supplies for registration of its user account/s is/are complete, true and correct. Customer hereby agrees to keep this information up-to-date.
2.3 Customer is aware of that Customer is responsible for all actions taken by Customer’s user accounts in the application. Customer is responsible for that no third party obtains access to Customer’s login information, and Customer hereby agrees to notify Arkiwera immediately if Customer has reason to believe that a third party has obtained access to login information to Customer’s user account/s. Arkiwera reserves the right, but is not obligated, to block access to Customer’s user accounts if Arkiwera has reason to believe that accounts are being misused by an unauthorized party.
2.1 To get access to the Application, Arkiwera registers a user account (”User Account”). Customer is responsible for having an IT environment that makes it possible to use the Application.
2.2 It is Customer’s responsibility to ensure that the contact information and any other type of information that Customer supplies for registration of its user account/s is/are complete, true and correct. Customer hereby agrees to keep this information up-to-date.
2.3 Customer is aware of that Customer is responsible for all actions taken by Customer’s user accounts in the application. Customer is responsible for that no third party obtains access to Customer’s login information, and Customer hereby agrees to notify Arkiwera immediately if Customer has reason to believe that a third party has obtained access to login information to Customer’s user account/s. Arkiwera reserves the right, but is not obligated, to block access to Customer’s user accounts if Arkiwera has reason to believe that accounts are being misused by an unauthorized party.
3. USING THE APPLICATION
3. USING THE APPLICATION
3.1 Customer may only use the Application in accordance with applicable law, the Agreement and other instructions or conditions that have been supplied in the Application, at the website of Arkiwera (www.arkiwera.se ) or that in any other way have been communicated by Arkiwera.
3.2 Customer shall not circumvent, delete or affect any technology or safety system that is being used by Arkiwera to protect the Application and the content of the Application. Furthermore, Customer shall not act in any way that may inactivate, overburden, interfere with or damage the Application, or act in any other way that may damage Arkiwera or other users of the Application.
3.3 Arkiwera is not responsible for defects in the Application that may arise if Customer does not have required equipment, hard- or software and/or internet capacity. Arkiwera is not responsible for defects that may arise due to the involvement of a third party (such as Facebook or Instagram). Arkiwera does not guarantee a connection to a third party application. Arkiwera reserves the sole and exclusive right to change those third party applications supported by the application.
3.4 The Application may only be used for the intended purpose and in accordance with Arkiwera´s instructions, the Agreement and these Terms of Use. When used differently or if the use causes Arkiwera damage, then Arkiwera shall be entitled to immediately cancel Customer´s access and use of user account in the Application. If a correction has not been made no more than fourteen (14) days immediately following the cancellation date, then Arkiwera shall be entitled to terminate the Agreement with immediate effect through a written notice.
3.1 Customer may only use the Application in accordance with applicable law, the Agreement and other instructions or conditions that have been supplied in the Application, at the website of Arkiwera (www.arkiwera.se ) or that in any other way have been communicated by Arkiwera.
3.2 Customer shall not circumvent, delete or affect any technology or safety system that is being used by Arkiwera to protect the Application and the content of the Application. Furthermore, Customer shall not act in any way that may inactivate, overburden, interfere with or damage the Application, or act in any other way that may damage Arkiwera or other users of the Application.
3.3 Arkiwera is not responsible for defects in the Application that may arise if Customer does not have required equipment, hard- or software and/or internet capacity. Arkiwera is not responsible for defects that may arise due to the involvement of a third party (such as Facebook or Instagram). Arkiwera does not guarantee a connection to a third party application. Arkiwera reserves the sole and exclusive right to change those third party applications supported by the application.
3.4 The Application may only be used for the intended purpose and in accordance with Arkiwera´s instructions, the Agreement and these Terms of Use. When used differently or if the use causes Arkiwera damage, then Arkiwera shall be entitled to immediately cancel Customer´s access and use of user account in the Application. If a correction has not been made no more than fourteen (14) days immediately following the cancellation date, then Arkiwera shall be entitled to terminate the Agreement with immediate effect through a written notice.
4. PRICE AND PAYMENT
4. PRICE AND PAYMENT
For price and payment, please see separate agreement or price list.
For price and payment, please see separate agreement or price list.
5. CHANGES IN PRICES AND THESE TERMS OF USE
5. CHANGES IN PRICES AND THESE TERMS OF USE
5.1 Arkiwera reserves the right to change prices and/or these Terms of Use at any time. Arkiwera will inform Customer of possible material changes, in a reasonable time before the changes are taking effect, by email to the email address that Customer has registered when Customer created its user account/s, through a message in the Application or by means of a publication at Arkiwera’s website.
5.2 If Customer rejects the changes, Customer shall be entitled to terminate the Agreement in accordance with part 2.4. The Agreement shall be deemed terminated at the latest as of the effective date of the changes. Customer’s continued use of the Application after the effective date shall be deemed its acceptance of the new version of the Terms of Use.
5.3 In some cases Arkiwera shall be entitled to change the agreement with immediate effect, if such changes depend on decisions made by public authorities or on legislative changes that Arkiwera has to follow, or on such changes that impose Arkiwera obvious increased costs. If Customer rejects such changes Customer shall be entitled to terminate the agreement in accordance with part 2.4 above. The Agreement shall be deemed terminated at the latest as of the effective date.
5.1 Arkiwera reserves the right to change prices and/or these Terms of Use at any time. Arkiwera will inform Customer of possible material changes, in a reasonable time before the changes are taking effect, by email to the email address that Customer has registered when Customer created its user account/s, through a message in the Application or by means of a publication at Arkiwera’s website.
5.2 If Customer rejects the changes, Customer shall be entitled to terminate the Agreement in accordance with part 2.4. The Agreement shall be deemed terminated at the latest as of the effective date of the changes. Customer’s continued use of the Application after the effective date shall be deemed its acceptance of the new version of the Terms of Use.
5.3 In some cases Arkiwera shall be entitled to change the agreement with immediate effect, if such changes depend on decisions made by public authorities or on legislative changes that Arkiwera has to follow, or on such changes that impose Arkiwera obvious increased costs. If Customer rejects such changes Customer shall be entitled to terminate the agreement in accordance with part 2.4 above. The Agreement shall be deemed terminated at the latest as of the effective date.
6. AVAILABILITY, MAINTENANCE AND CHANGES OF THE APPLICATION
6. AVAILABILITY, MAINTENANCE AND CHANGES OF THE APPLICATION
6.1 Arkiwera is always striving to improve the Application. For this reason Arkiwera reserves the right to update, support, upgrade, change, temporarily or permanently limit or stop the Application or access to the Application at any time, without liability to Customer, and without any obligation to inform Customer in advance.
6.2 Customer understands and agrees that Arkiwera may carry out automatic electronic updates of the Application.
6.3 The Application is normally accessible 24 hours per day, 7 days per week. Arkiwera supplies the Application ”in its then current form” at any given point of time. This implies that the extent of the Application, and its functions, such as its layout, content or functionality, may be changed at any time and without notice. It is the intention of Arkiwera to supply the Application without technical errors; however, Arkiwera does not guarantee that errors or technical interruptions will not occur. Arkiwera does not guarantee that these errors will be corrected. Similarly, Arkiwera does not guarantee either that the Application or the server on which it resides is free from virus or any other hazardous content. Maintenance, further development and/or other disturbances may pose restrictions and/or interference with the Application’s use.
6.4 Customer understands, consents to and agrees that Arkiwera shall have no obligation to maintain, support, upgrade or update the Application, nor to supply any specific content through the Application. Arkiwera reserves the sole and exclusive right to change those third party applications supported by the application.
6.1 Arkiwera is always striving to improve the Application. For this reason Arkiwera reserves the right to update, support, upgrade, change, temporarily or permanently limit or stop the Application or access to the Application at any time, without liability to Customer, and without any obligation to inform Customer in advance.
6.2 Customer understands and agrees that Arkiwera may carry out automatic electronic updates of the Application.
6.3 The Application is normally accessible 24 hours per day, 7 days per week. Arkiwera supplies the Application ”in its then current form” at any given point of time. This implies that the extent of the Application, and its functions, such as its layout, content or functionality, may be changed at any time and without notice. It is the intention of Arkiwera to supply the Application without technical errors; however, Arkiwera does not guarantee that errors or technical interruptions will not occur. Arkiwera does not guarantee that these errors will be corrected. Similarly, Arkiwera does not guarantee either that the Application or the server on which it resides is free from virus or any other hazardous content. Maintenance, further development and/or other disturbances may pose restrictions and/or interference with the Application’s use.
6.4 Customer understands, consents to and agrees that Arkiwera shall have no obligation to maintain, support, upgrade or update the Application, nor to supply any specific content through the Application. Arkiwera reserves the sole and exclusive right to change those third party applications supported by the application.
7. PROVISION OF THE APPLICATION
7. PROVISION OF THE APPLICATION
7.1 For the moment the Application is available as a website.
7.1 For the moment the Application is available as a website.
8. INTELLECTUAL PROPERTY RIGHTS
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Arkiwera, Arkiwera’s suppliers and/or its licensor(/s) possess all rights, including intellectual property rights (including without limitation trade marks, copyright, inventions, patent- and source code and functions in the Application), in the Application. Customer shall be deemed granted a limited, non-exclusive, non-transferable, revocable license to use the Application during the Agreement’s term.
8.2 Customer may not copy, reverse-engineer, decompile, demount, change, reproduce, transfer or process the Application, if it is not expressly permitted by applicable law.
8.3 Customer acknowledges and agrees that Arkiwera reserves the ownership of all copies of the software, even if and after that the software is installed on Customer’s equipment. Arkiwera shall be entitled to assign the license, either fully or partly, to a third party.
8.4 All third party software which is included in the Application is licensed to Customer either in accordance with these Terms of Use or in accordance with the applicable third party license conditions for such software. Customer shall comply with the Terms of Use that are applicable on such third party software when Customer uses the Application.
8.5 Arkiwera reserves the right to take legal action against all that violate Arkiwera’s rights, Arkiwera’s intellectual property rights included.
8.1 Arkiwera, Arkiwera’s suppliers and/or its licensor(/s) possess all rights, including intellectual property rights (including without limitation trade marks, copyright, inventions, patent- and source code and functions in the Application), in the Application. Customer shall be deemed granted a limited, non-exclusive, non-transferable, revocable license to use the Application during the Agreement’s term.
8.2 Customer may not copy, reverse-engineer, decompile, demount, change, reproduce, transfer or process the Application, if it is not expressly permitted by applicable law.
8.3 Customer acknowledges and agrees that Arkiwera reserves the ownership of all copies of the software, even if and after that the software is installed on Customer’s equipment. Arkiwera shall be entitled to assign the license, either fully or partly, to a third party.
8.4 All third party software which is included in the Application is licensed to Customer either in accordance with these Terms of Use or in accordance with the applicable third party license conditions for such software. Customer shall comply with the Terms of Use that are applicable on such third party software when Customer uses the Application.
8.5 Arkiwera reserves the right to take legal action against all that violate Arkiwera’s rights, Arkiwera’s intellectual property rights included.
9. THIRD PARTY APPLICATIONS
9. THIRD PARTY APPLICATIONS
9.1 The Application is integrated with third party applications (e.g. Facebook and Youtube/Google) (”third party applications”). Customer may choose which applications are to be integrated with Arkiwera by logging in on relevant third party applications from the interface in Arkiwera. These third party applications may have their own terms of use and personal data policies and Customer’s use of these third party applications will be regulated by such applicable terms of use and personal data policies. Customer acknowledges and agrees that Arkiwera does not support and is not responsible for functions or content in any third party application. Arkiwera is not responsible for damages that may occur in connection with Customer’s use of third party applications. Consequently, Customer’s use of third party applications is solely and exclusively at the Customer’s risk.
9.2 Arkiwera is not responsible for products or services that are being sold via third party’s home pages or applications.
9.1 The Application is integrated with third party applications (e.g. Facebook and Youtube/Google) (”third party applications”). Customer may choose which applications are to be integrated with Arkiwera by logging in on relevant third party applications from the interface in Arkiwera. These third party applications may have their own terms of use and personal data policies and Customer’s use of these third party applications will be regulated by such applicable terms of use and personal data policies. Customer acknowledges and agrees that Arkiwera does not support and is not responsible for functions or content in any third party application. Arkiwera is not responsible for damages that may occur in connection with Customer’s use of third party applications. Consequently, Customer’s use of third party applications is solely and exclusively at the Customer’s risk.
9.2 Arkiwera is not responsible for products or services that are being sold via third party’s home pages or applications.
10. VIOLATION AND REPORT
10. VIOLATION AND REPORT
10.1 Arkiwera respects intellectual property rights. Arkiwera believes that the Application or third party applications do not violate any third party’s nor Arkiwera’s rights, nor any intellectual property laws.
10.2 If Customer has reason to believe that accessible content in the Application violates any intellectual property laws, e.g. if Customer believes that copyrighted material has been copied in a way that violates intellectual property rights, please let Arkiwera know about this immediately.
10.1 Arkiwera respects intellectual property rights. Arkiwera believes that the Application or third party applications do not violate any third party’s nor Arkiwera’s rights, nor any intellectual property laws.
10.2 If Customer has reason to believe that accessible content in the Application violates any intellectual property laws, e.g. if Customer believes that copyrighted material has been copied in a way that violates intellectual property rights, please let Arkiwera know about this immediately.
11. LIMITATION OF LIABILITY
11. LIMITATION OF LIABILITY
11.1 Customer’s use of the Application is at its own risk and Customer is solely responsible for possible damages that may occur in its own unit or for loss of data that may occur when Customer uses the Application.
11.2 Customer has no right to any compensation for indirect damages, e.g. loss of profit, erosion of goodwill, third party damage, loss due to business interruption, loss of data or any other consequential damage, as long as Arkiwera has not acted on purpose or with gross negligence, or if such liability cannot be limited according to applicable law.
11.3 The aggregate liability of either party arising from, or related to these Terms of Use, may under no circumstances exceed the total sum that Customer has paid for the services that gives the right to the liability during the twelve months immediately preceding the date upon which the liability first arises.
11.1 Customer’s use of the Application is at its own risk and Customer is solely responsible for possible damages that may occur in its own unit or for loss of data that may occur when Customer uses the Application.
11.2 Customer has no right to any compensation for indirect damages, e.g. loss of profit, erosion of goodwill, third party damage, loss due to business interruption, loss of data or any other consequential damage, as long as Arkiwera has not acted on purpose or with gross negligence, or if such liability cannot be limited according to applicable law.
11.3 The aggregate liability of either party arising from, or related to these Terms of Use, may under no circumstances exceed the total sum that Customer has paid for the services that gives the right to the liability during the twelve months immediately preceding the date upon which the liability first arises.
12. PERIOD OF NOTICE
12. PERIOD OF NOTICE
12.1 Customer may terminate the Agreement by sending an email to support@arkiwera.com wherein Customer states that Customer terminates the Agreement.
12.2 Upon delivery of its termination notice as specified above, Customer will no longer have access to accounts in the Application and Customer’s user accounts. In that event, all data in such accounts may be totally deleted. Absent express agreement to the contrary, data in a dormant subscription may remain in the Application to enable a subsequent reconnection to the service. Customer will receive a confirmation notice once the service has been terminated. Customer shall have the right to export its data and it is Customer’s sole and exclusive liability and responisibility that such exportation shall occur prior to the termination of the services if Customer wishes to keep such data beyond the services.
12.3 In the event of the Agreement’s termination, fees paid for the present twelve month-subscription period will not be reimbursed.
12.4 If the Agreement has not been terminated as of the thirtieth day immediately preceding the expiration date of the Agreement, then the Agreement shall be renewed automatically in the same subscription category for a subsequent twelve month subscription period. No fewer than a month immediately preceding the last date when the Agreement has to be cancelled, Customer will receive a written reminder that the Agreement will be renewed if it is not terminated.
12.5 In addition to what has been stated in 3.4, Arkiwera shall be entitled to terminate the Agreement by delivering to Customer thirty days’ prior written notice thereof. If Arkiwera:
a) decides to, either fully or partly, stop supplying the Application, or
b) has another legitimate reason to terminate the Agreement.
12.1 Customer may terminate the Agreement by sending an email to support@arkiwera.com wherein Customer states that Customer terminates the Agreement.
12.2 Upon delivery of its termination notice as specified above, Customer will no longer have access to accounts in the Application and Customer’s user accounts. In that event, all data in such accounts may be totally deleted. Absent express agreement to the contrary, data in a dormant subscription may remain in the Application to enable a subsequent reconnection to the service. Customer will receive a confirmation notice once the service has been terminated. Customer shall have the right to export its data and it is Customer’s sole and exclusive liability and responisibility that such exportation shall occur prior to the termination of the services if Customer wishes to keep such data beyond the services.
12.3 In the event of the Agreement’s termination, fees paid for the present twelve month-subscription period will not be reimbursed.
12.4 If the Agreement has not been terminated as of the thirtieth day immediately preceding the expiration date of the Agreement, then the Agreement shall be renewed automatically in the same subscription category for a subsequent twelve month subscription period. No fewer than a month immediately preceding the last date when the Agreement has to be cancelled, Customer will receive a written reminder that the Agreement will be renewed if it is not terminated.
12.5 In addition to what has been stated in 3.4, Arkiwera shall be entitled to terminate the Agreement by delivering to Customer thirty days’ prior written notice thereof. If Arkiwera:
a) decides to, either fully or partly, stop supplying the Application, or
b) has another legitimate reason to terminate the Agreement.
13. FORCE MAJEURE
13. FORCE MAJEURE
13.1 Arkiwera shall have no liability for any damage that may arise from an occurrence beyond Arkiwera’s control, such as a labour dispute, act of terror, war, embargo, revolt, riot, fire, floods, lightning strike, natural catastrophe, hacking, defects in, or delay of, energy supply or other similar occurrences. In addition to what is generally considered an occurrence beyond Arkiwera’s control, an occurrence that implies a more expensive or burdensome supply of the Application for Arkiwera compared to the original conditions shall also be considered an occurrence beyond Arkiwera’s control.
13.1 Arkiwera shall have no liability for any damage that may arise from an occurrence beyond Arkiwera’s control, such as a labour dispute, act of terror, war, embargo, revolt, riot, fire, floods, lightning strike, natural catastrophe, hacking, defects in, or delay of, energy supply or other similar occurrences. In addition to what is generally considered an occurrence beyond Arkiwera’s control, an occurrence that implies a more expensive or burdensome supply of the Application for Arkiwera compared to the original conditions shall also be considered an occurrence beyond Arkiwera’s control.
14. TRANSFER OF RIGHTS
14. TRANSFER OF RIGHTS
14.1 Customer shall not be entitled to transfer its rights and duties set forth in this Agreement to a third party. Arkiwera shall be entitled to transfer its rights and duties set forth in the Agreement to a third party.
14.1 Customer shall not be entitled to transfer its rights and duties set forth in this Agreement to a third party. Arkiwera shall be entitled to transfer its rights and duties set forth in the Agreement to a third party.
15. CHOICE OF LAW AND DISPUTE SETTLEMENT
15. CHOICE OF LAW AND DISPUTE SETTLEMENT
15.1 This Agreement shall be governed by the laws of Sweden. Any interpretation or disagreement that may arise out of the Agreement, that the parties cannot solve on their own, shall be judged by a Swedish public court of law.
15.1 This Agreement shall be governed by the laws of Sweden. Any interpretation or disagreement that may arise out of the Agreement, that the parties cannot solve on their own, shall be judged by a Swedish public court of law.
16. CONTACT
16. CONTACT
Arkiwera wcrify AB
Sturegatan 34
S-114 36 Stockholm
E-mail: support@arkiwera.com
Arkiwera wcrify AB
Sturegatan 34
S-114 36 Stockholm
E-mail: support@arkiwera.com
