Terms Of Service
These terms of service (the “Terms of service”) govern your use of the service COMPANY (the “Service” as defined below). By accepting the Terms of service, an agreement is entered into by you (“you”) and Utfora AB, with reg. No.559307-4098 , having its registered address at Bergsgatan 11B, Ludvika 77134, Sweden. (“we” or “us”). The Service is provided through our website application (the “App”). By using the Service or creating a user account with us you accept these Terms of service. If you do not agree to these Terms of service, please do not use the Service provided by us. Everyone using our Service is, in these Terms of service, referred to as “Users or you”, a definition which also includes you as a party to this contract that you have entered into by accepting these Terms of service. These Terms of service apply within Sweden. Persons under the age of 13 may not use the Service without parental consent.
Provided that you accept and adhere to these Terms of service, you are granted a non-exclusive, non-transferable, revocable license to download, install and use the App in object code form on a mobile device or through web browser which you own or have access to in order to use the Service for its intended purpose.
You will not receive any other license to use the above intellectual property rights except as expressly provided in these Terms of service.
We do not grant you or anyone else permission to copy or alter the App in whole or in part. You, or a third party, may not without our consent develop, add to, decompile or make reverse engineering on the App or its components. It is not allowed to re-create the source code or its functionality, or make copies of the software, other than as expressly permitted by mandatory law.
You may not use the Service to distribute viruses, trojans or similar programs. We do not allow automatic reading of the Service.
All intellectual property rights in the App, or in any other part of the Service, belongs to or are disposed of with license by us. Nothing in these Terms of service shall be construed as a transfer of any intellectual property right or any other right to you. You are only given the limited license as described above.
In order to use the Service, you will have to create a user account (the “User account”) and sign in to it. Instructions on how to create a User account are set forth in the App.
You may choose a username and a password. If you choose to create a new user account, the username and password which you choose must not be: harmful, abusive, racially or ethnically offensive, sexually explicit, defamatory, infringing any intellectual property right or invasive of personal privacy rights. We have the right to change your username if it, in our opinion, violates these Terms of service.
Your account is personal, and you are not allowed to transfer your account to any third party or to allow a third party to use the Service through your user account. You are responsible for protecting your login information from access by unauthorised persons. If you have reason to believe that any third party has gained access to your user account, you must immediately inform us. We have the right, but not the obligation, to suspend access to your user account if we have reason to believe that any third party has gained unlawful access to your user account.
Please note that if your account is left inactive during a period of 90 consecutive days, we have the right to make your account “invisible”, meaning that all account information is saved, but the account is de-activated and needs to be activated for you to be able to use it again. Additionally, if your user account is left inactive during a period of 365 consecutive days, we have the right to cancel your user account permanently.
We do not want the Service to be used for anything other than its intended purpose. Your use of the Service may only be in accordance with its intended purposes, as described above. If you do not accept this, we ask you not to use the Service.
4.1 Network Fees and Access
You are responsible for securing your access to the network necessary to use the Service. Furthermore, you are responsible for obtaining and keeping the necessary hard- or software up to date to access and use our Service.
The Service is delivered to you when you download or open the Service from your place of purchase.
The Service, including the App, are provided ‘as is’ without warranties of any kind. Your use of the Service is solely your responsibility and at your own risk. We do not grant any warranties, express or implied or otherwise, as to the accessibility, quality, qualification for any particular purpose, suitability or accuracy of the App or the Service.
We recommend you not to rely on the Service for a purpose which is of high importance to you or which you consider intolerable if not met, since there may be situations where the Service will not be available, due to, but not limited to, maintenance and circumstances beyond our control. In addition, we reserve the right to modify or discontinue providing the Service, at our sole discretion. To the extent permitted under mandatory law we are not liable to you or any third party for any direct, indirect or other damages of any kind, including but not limited to, lost profits, loss of income, loss of revenue, business interruption or loss of goodwill arising out of, or in connection with, these Terms of service or the inability to use the Service. We are not responsible to you for any third party claims made against you. Our total liability to you in connection with the Service, for any injuries, losses, and legal actions, shall under no circumstances exceed the commission fee charged by us on the transactions made by you through the Service.
You are liable for any damages inflicted on us, or any third party, due to your breach of these Terms of service, including but not limited to the misuse of the App and/or the Service and unfair marketing. Furthermore, you agree to indemnify us in relation to any claims, costs (including reasonable legal costs) damages, expenses, liabilities and losses incurred by us in relation to your breach of these Terms of service or other applicable law.
We have the right to make changes and updates to these Terms of service. We will inform you of any such changes at the latest thirty (30) days before an adjustment enters into force. We will give you such information by clear notice in the App or by email to the email address provided by you.
You have the right to terminate your user account and remove your content from the Service at any time and without prior notice.
We have the right to suspend your access to the Service with immediate effect if we have reason to believe that you are violating these Terms of service. Furthermore, we reserve the right to modify, discontinue, temporarily or permanently cease providing the Service at any time without prior notice, on our own discretion, or if required by law or by a decision by an authority. You accept that we shall not be liable to you or to any third party for such modification, suspension or discontinuance.
You may not assign or transfer any rights, obligations or licenses as provided in these Terms of service. We may assign and transfer our rights under these Terms of service without your consent and without notice to you.
These Terms of service shall be governed by and construed in accordance with Swedish laws, without regard to its conflict of law rules.
Any dispute or claim arising out of or in connection with these Terms of service, or the breach, termination or invalidity thereof, shall be finally settled by Swedish courts.
The parties to this agreement, we and the Users, hereby clarifies the following in relation to Apple Inc. (“Apple“):
– That we and the Users are the only parties to this Agreement;
– That we are responsible for the Service, the App and all content therein. We carry all responsibility for the maintenance, support and service of the Service or any technical equipment used to enable the provision of these. Claims that directly or indirectly depend on such grounds may only be directed against us, and not against any third party.
– That all demands or claims arising directly or indirectly from the use of the Service and which might be directed against us, only shall be directed against us. Apple is not in any way liable to respond to these demands or claims, if these are directed against Apple.
– That we, and not Apple, are solely responsible to investigate, defend, settle or secure liability in the event of any third party claims, based on the Service or infringements of any third party’s intellectual property rights caused by use of the Service.
– The User guarantees and ensures that you are not located in a country subject to an embargo issued by the US government, or has been designated by the US as a “terrorist supporting” country and that you are not on any of the US government’s list of prohibited or restricted parties.
– That these Terms of service creates rights for Apple to apply these Terms of service directly against you, regardless of our participation. In addition to the third-party rights given to Apple, these Terms of service will not give any third-party rights to any other natural or legal person.