Terms of use

Version 1

Updated [25/05/2015]

Please read these Terms of Use carefully before using CURVES (or any part thereof) ( “CURVES” ) and any related services ( “Services” ). By using CURVES and / or the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you are not entitled to use CURVES and / or the Services.

1
GENERAL

1.1
EcoGuard AB, org. no. 556502-5755, Radiatorvägen 11, 702 27 Örebro ( “EcoGuard” ) has developed and provides the software CURVES for the collection and visualization of measurement data in graphs and reports (“CURVES”).

1.2
Unless otherwise expressly agreed between you as a user (below “you” , “you ” or ” Users “) and EcoGuard, your use of CURVES and / or the Services is governed by these Terms of Use.

1.3
Some products or services, including measurement data, provided through CURVES and / or the Services are provided by third parties and not by EcoGuard. EcoGuard takes no responsibility for products and / or services, including measurement data, provided by third parties. Instead, such products and services apply to such third party terms and conditions. Make sure you accept the terms of such agreements and ask for legal advice if necessary, before ordering goods and / or services provided by third parties.

1.4
By using CURVES and / or the Services (or any part thereof), you have agreed to these Terms of Service and acknowledge that you fully understand the meaning of the rights and obligations set forth in these Terms of Use.

2
USE OF CURVES AND / OR SERVICES

2.1
EcoGuard reserves the right, at any time and in its sole discretion, to deny natural and legal persons access to all or part of CURVES and / or Services.

2.2
The User is responsible for all use of CURVES and / or the Services in accordance with the instructions and instructions provided by EcoGuard from time to time.

2.3
The user is responsible for providing the necessary hardware and other equipment for CURVES and / or the Services.

2.4
Users are solely responsible for data, information, information, text, messages and other materials provided by Users to EcoGuard (collectively ” User Content “) and undertakes to indemnify EcoGuard for third party claims based on EcoGuard’s use and / or making User Content available. By providing, publishing and / or viewing User Content for EcoGuard, User gives EcoGuard a global, non-exclusive, royalty-free license to use, reproduce, adapt, distribute and / or publish such content in CURVES and / or the Services. In addition, the User grants EcoGuard a global, non-exclusive, royalty-free license to use User Content in its marketing and for statistical purposes. EcoGuard reserves the right, in its sole discretion, to refuse to accept, publish, display, use or otherwise make available User Content. In addition, EcoGuard has the right to remove all User Content which, in EcoGuard’s opinion, violates the terms of use, applicable laws, rules or guidelines without prior notice without prior notice.

2.5
Some use and access to CURVES and / or the Services is done using the user identity and password. In such use and access to CURVES and / or the Services, the User is solely responsible for all use that occurs under the username and password that has been assigned and / or created by the User. If the User’s username or password is lost or stolen, or the User is reasoned to believe that the User’s unauthorized access has been made to the User’s account, the User must immediately inform EcoGuard of this and change the password. The User is responsible for all use that occurs with the User’s user name and password until EcoGuard has received and confirmed receipt of the above message.

2.6
If a User issues, discloses or loses a username or password, EcoGuard is not responsible for any damage or loss that results from it.

2.7
The user must always provide and maintain current, complete and accurate information to EcoGuard. The User is obliged to provide the written documentation which EcoGuard deems necessary in order to confirm the accuracy of the information provided by the User in connection with registration or subsequent verification processes, to a reasonable extent and at the request of EcoGuard.

2.8
EcoGuard reserves the right, without notice, to suspend users who, in EcoGuard’s assessment, abuse CURVES, user identity, password and / or the Services.

3
LICENSES

3.1
The User is granted a personal, non-exclusive, non-transferable, non-sublicensable and limited right to use CURVES to an agreed extent under the terms of the Agreement. Unless otherwise agreed in writing, CURVES may only be used in Sweden and for the collection and visualization of measurement data concerning the User’s own premises / dwelling.

3.2
The user’s right to use CURVES is subject to compliance with these Terms of Use and any applicable third party terms.

3.3
The user may not copy, modify, modify, reverse engineer or decompile CURVES (or any part thereof), including but not limited to to, text, graphics, logos, icons, images, audio files, digital downloads, object code, source code and / or other related material.

3.4
The User may not lend, rent or otherwise make available CURVES (or any part thereof), including, but not limited to, text, graphics, logos, icons, images, audio files, digital downloads, object code, source code and / or other related material, without EcoGuard’s prior written approval.

3.5
EcoGuard’s trademarks, company names and other features found in CURVES and / or the Services ( “the Trademarks” ) are protected of national and international trademark law. All use of the Trademarks without EcoGuard’s prior written consent is strictly prohibited. The trademarks may not be used in conjunction with any products or services that have not been approved by EcoGuard or in any way that may cause confusion to Users or which may discredit or damage EcoGuard.

3.6
The User undertakes to promptly inform EcoGuard of any third party claims based on the User’s use of CURVES and / or the Services (or parts thereof) ) infringes the rights of such third parties.

4
PROPRIETARY RIGHTS

4.1
All content in CURVES, such as text, graphics, logos, cones, images, audio files, digital downloads, object code, source code and software is owned or is licensed by EcoGuard.

4.2
Nothing in these Terms shall be construed as granting EcoGuard any or all of EcoGuard’s material or intellectual property rights to the User.

4.3
All rights created, developed or otherwise arising out of the use of CURVES (if any) shall automatically, free of charge and exclusive accrual EcoGuard.

5
PERSONAL DATA

5.1
By providing personal information or otherwise using CURVES and / or the Services, the User consents to EcoGuard handling the User’s personal data in accordance with what is stated in the EcoGuard’s privacy policy.

5.2
The User is solely responsible for obtaining the required consent to the processing of personal data on behalf of the User (if EcoGuard has granted such use).

6
LIMITATION OF LIABILITY AND INJURY

6.1
The goal is for CURVES and / or the Services to be available at all times and for errors and shortcomings to be rectified without undue delay. However, EcoGuard makes no warranties, conditions or warranties (express or implied), including, but not limited to, warranties that CURVES does not infringe any other person’s rights, merchantability, integration or fitness for any particular purpose. Also, EcoGuard does not guarantee that CURVES will be provided without interruptions, interruptions, delays or other types of errors, nor that any errors and deficiencies will be corrected. CURVES is provided in available and existing condition with reservation for any faults and deficiencies.

6.2
The User is aware and accepts that CURVES may, from time to time, be made inaccessible due to planned and / or unplanned downtime for service, maintenance and / or updates.

6.3
The User is responsible for the communication between the User, measuring equipment and CURVES and for the User having the equipment and software required to access and use CURVES and related services. The User is also responsible for errors and / or defects in the User’s own software and hardware.

6.4
Except where damage was caused intentionally or by gross negligence, neither EcoGuard nor any of EcoGuard’s licensors, subcontractors, company management, consultants or employees shall under any circumstances or for any reason be responsible for the User’s direct or indirect damages (including, but not limited to, costs of outages, data loss, lost revenue or liability to third parties), whether foreseeable or unforeseeable.

6.5
The total and total liability of EcoGuard for one or more events (whether related or not) shall in no case exceed that amounts paid for the User’s use of CURVES and the Services over the last three-month period.

7
LEGISLATION

7.1
The User understands that CURVES and / or the Services may only be used for lawful purposes and guarantees that all use of the CURVES and / or the Services will to be in compliance with applicable legislation at all times. The user uses CURVES and / or the Services at his own initiative and responsibility. The User shall indemnify EcoGuard in respect of all third party claims directed against EcoGuard on the User’s use of CURVES in violation of this provision or applicable law, including, but not limited to, claims regarding violation of applicable personal data law.

8
LINKS

8.1
CURVES and / or the Services may contain links or references to websites, products and / or software provided by third parties. EcoGuard has no particular knowledge of the information provided on such other websites or by such third parties and does not endorse the companies or products to which the links refer. EcoGuard takes no responsibility for any content, terms or policies provided by third parties. If the User and / or any of the User’s users choose to follow any link or reference, this is at their own risk. EcoGuard reserves the right to suspend links or linking programs at any time.

9
CHANGES

9.1
EcoGuard reserves the right to change the Terms at any time. Changes to the Terms shall be notified to the User in advance and will take effect when the User has accepted the new or changed terms. If the User does not accept the new or changed terms, the User does not have the right to continue using CURVES or the Services. EcoGuard further reserves the right to change the contents of CURVES at any time without prior notice and assumes no responsibility for any consequences of such changes. By continuing to use CURVES or the Services after some changes have taken effect, the User is deemed to have accepted the changes.

10
FORCE MAJEURE

10.1
Failure or delay of EcoGuard in the performance of its services and obligations shall not be considered a violation of EcoGuard’s obligations in the Agreement on such failure or delay is due to fire, flood, earthquake, natural disaster, electricity problems, warfare, terrorism, riots, civil disobedience, strike, blockade, court decision, delay or disruption in Internet traffic and telecommunications, outsiders’ failure or other cause beyond EcoGuard’s reasonable control. EcoGuard has no responsibility for the consequences of such force majeure events.

11
RULES OF PROVISION

11.1
Should any provision of the Agreement or part thereof be found to be invalid, this shall not mean that the Agreement as a whole is invalid. Instead, reasonable settlement of the Agreement shall take place.

12
APPLICABLE LAW AND DISPUTES

12.1
Swedish law, with the exception of its rules on choice of law, is applicable to this Agreement.

12.2
Disputes arising from this Agreement shall be decided in public court.