Swegon Operations Aktiebolag, Reg. No. 556077-8465, Frejgatan 14, 535 30 Kvänum, Sweden (“Swegon”) and a legal entity (the “Company”) (e.g. your employer and/or the legal entity owning or operating the building or facility in which Swegon’s indoor climate solutions are installed) has entered into a service agreement (the “Agreement”) including an obligation for Swegon to provide a web-based platform to enable the Company and the users appointed by the Company (such as you) to control and monitor Swegon’s indoor climate solutions which are included in the Agreement. Swegon has chosen to fulfill this obligation by providing this application (the “App”). The following terms of service (the ”Terms”) apply to your use of the App.
Access to the App
If the Company, in accordance with the Agreement, has appointed you as a user of the App, you will receive an invite through e-mail to start usage of the App, and will be asked to choose a password for your account.
You receive a worldwide, non-transferable and non-exclusive right to access and use the App during the validity of the Agreement.
Swegon may discontinue your access to the App with immediate effect and during the time it lasts if: (a) Your use of the App (i) pose a security risk to the App, Swegon’s products, Swegon, or any third party, or (ii) could adversely impact Swegon´s systems, the App or the systems or content of any third party (including Swegon´s other customers); or (b) you are in breach of these Terms, or the Company is in breach of the Agreement.
Availability and functionality
Swegon provides the App “as is” and is not responsible for damages caused by any errors or any disruptions in the App. Swegon is under no circumstances obliged to pay compensation or damages for any errors, deficiencies, loss of data or other breach of contract on our part that goes beyond what is stated in these Terms.
Swegon shall use reasonable endeavours to maintain the availability of the Services to you but does not guarantee 100% availability. Swegon may from time to time suspend the Services for the purpose of maintenance. Swegon shall, to the extent possible, ensure that maintenance is carried out outside normal business hours.
You shall only use the App in accordance with these Terms and the instructions made available in the App by Swegon.
You have been appointed by the Company as a user, which means only you are allowed to be used by you. You undertake to ensure that no one else but you can use the App based on the appointment of you made by the Company. Any login details shall be stored in such a way that unauthorised persons cannot access the information. Swegon are not responsible for any losses caused by the unauthorised use.
You may not (a) republish or redistribute any content or material from the App; and (b) use the App in any way that is unlawful, illegal, fraudulent or harmful or in connection with any such purpose or activity.
Limitation of liability
Neither party shall be liable to the other party for loss of profit, production, goodwill or other indirect damage or loss, including the other party’s liability to pay compensation to a third party, or for loss of data.
Intellectual Property Rights
Swegon, or any third party from whom Swegon derives its right, owns and shall retain all rights, title and interest, including any intellectual property rights – meaning all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, patents, utility models and rights in designs - in and to the App. Nothing in these Terms shall be deemed as an assignment or transfer of any intellectual property rights from Swegon to you.
In accordance with the Agreement, Swegon has received a license to anonymise and aggregate all data generated through Company’s use of Swegon’s products to produce statistics and to improve Swegon’s services and products during and after the expiry or termination of the Agreement. This license shall also include all data generated through your use of the App.
These Terms and the instructions provided in the App constitute the entire agreement regarding the use of the App.
Swegon reserves the right to update or change the App and the Terms. Such changes shall be made in writing and will be published in the App at the time of change.
You may not, without Swegon’s consent, transfer or otherwise assign, partially or in full, any of its rights or obligations pursuant to these Terms. Swegon may assign its rights and/or obligations under These terms.
These Terms shall be governed by and construed in accordance with the laws of Sweden. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Gothenburg and the language to be used in the arbitral proceedings shall be Swedish.