STOREGATE AB - USER AGREEMENT
1. GENERAL ABOUT THE USER AGREEMENT
The following general terms and conditions ("User Agreement") apply to Storegate AB's provision of the service/storage space (including the Software (defined below)) (the "Service"). Storegate provides both paid and free versions of the Service.
2. COMPANY INFORMATION
The seller/provider of the Service: Storegate AB, org.nr 556623-6179 ("Storegate" or "we")
Address: Pirgatan 13, 374 35 Karlshamn
"Customer" means the consumer or legal entity ordering the Service. The User Agreement is only binding between the Customer and Storegate and the Customer may only use the Service if (a) the Customer is a consumer who has reached the age of 18 when entering the agreement; or (b) the Customer is a legal entity and the User Agreement has been entered into by the authorized representative of the legal entity. A Customer that is a legal entity is also responsible for ensuring that its users of the Service comply with this User Agreement in the same manner as the Customer. Users" means the persons who have accessed the Service via the Customer, e.g. through login credentials or API keys.
3. SOFTWARE LICENCE AND INTELLECTUAL PROPERTY RIGHTS
Storegate grants the Customer a non-exclusive, non-transferable, worldwide, revocable license to install and use the software included in the Service, including related media and specifications and operating instructions for such software (collectively, the "Software"). Storegate reserves the right to modify and/or replace the Software during the term of the Agreement.
All intellectual property rights and other rights to the Software are held by Storegate or its licensors. The Customer does not obtain any rights of any kind to the Software other than as expressly set forth in this User Agreement.
The software may only be copied by the Customer to the extent expressly permitted in writing by Storegate. Under no circumstances shall the Customer have the right, in whole or in part, to disassemble, network, process, modify, decompile, copy, make additions to or create derivative works from the Software other than as expressly provided in this User Agreement. Nor may the Customer transfer, lease, loan or otherwise provide all or part of the Software to third parties other than as expressly provided in this User Agreement. In addition, the Customer undertakes to ensure that no third party is permitted to examine the Software without Storegate's written consent. Upon termination of the User Agreement, the Software shall be immediately uninstalled by the Customer.
Storegate makes no warranty of any kind that the Software meets the Customer's needs or that the Software can be used without interference or error.
4. SERVICE, AVAILABILITY, ETC.
The Service consists of the services, systems, information and products (including the Software) set out from time to time in the description of the Service on Storegate's website(www.storegate.com)(the "Website"). Storegate undertakes, in accordance with the User Agreement and as described from time to time on the Website, to provide the Customer with access to the Service on servers provided by Storegate and to ensure that the servers are connected to the Internet. The Customer acknowledges and accepts that the Customer's use of the Service is dependent on the Customer having access to an Internet connection. It is the Customer's responsibility to pay for and maintain such Internet connection.
Storegate undertakes to take reasonable steps to ensure that the Service is available over the Internet 24 hours a day. However, Storegate reserves the right to take measures that affect the availability of the Service if Storegate deems it necessary for technical, maintenance, operational or security reasons. Storegate shall, if possible, inform the Customer in good time of planned interruptions to the Service. However, the Customer understands that all or part of the Service may be shut down with immediate effect in the event that Storegate deems it necessary for security reasons, for example. Storegate reserves the right to change, add or remove features of the Service at any time and to unilaterally change, add to and otherwise adjust the terms of this User Agreement. Storegate shall inform the Customer, via the Service, on the Website or by e-mail to the e-mail address provided by the Customer, of such changes to the terms of the User Agreement and/or such material changes to the Service that Storegate implements. In the event that the Customer does not accept such material change to the Service or the terms of the User Agreement, the Customer shall have the right, within thirty (30) days of Storegate informing the Customer of the changes, to terminate the User Agreement to expire at the end of the current payment period. Any Customer who has not terminated the User Agreement within thirty (30) days after Storegate has been informed of the changes shall be deemed to have accepted the changes.
Storegate is responsible for ensuring that information sent out from Storegate's system to the Customer is in the same form as when the Customer stored the information in Storegate's server. However, Storegate is not responsible for disruption or distortion of the information that occurs during Internet transmission. The Service does not provide protection against viruses or other malware and the Customer understands that opening files is at the Customer's own risk. Storegate makes no warranty as to the availability of the Service, nor does it warrant that the Service will be error-free.
Storegate and its employees do not themselves have direct and immediate access to the information stored by the Customer through the Service and do not exercise any supervision over the information stored by the Customer.
The Customer understands that, for those software applications available to automatically back up content to the Service, it is the Customer's responsibility to choose whether files deleted locally on the computer are also deleted from the Service or whether the Service is used for archiving (i.e. no files are deleted). This is done during installation or later under settings in the Service. If there is no option for archiving in the Service, the Customer is responsible for ensuring that the files to be stored on Storegate's servers are also stored locally on the Customer's computer, so-called mirroring.
The Service may include features offered through third-party providers. Storegate is not responsible for these functions and the Customer is responsible for any specific terms and conditions vis-à-vis these providers.
If any portion of the Software is offered under an open source license, that license is made available to you through a third party and the provisions of such third party's license terms will then apply to the Customer and may override or modify any or all of the terms of this User Agreement. It is therefore important that Customer read any such third party license terms.
5. CUSTOMER USE OF THE SERVICE
The Customer is responsible for and shall bear all costs of providing the Customer with the equipment necessary to access and use the Service to its full capacity, including but not limited to internet connectivity, telephone, data, hardware and software equipment.
The Customer is solely and exclusively responsible for all information that the Customer enters, processes or manages using the Service and for all information that the Customer stores on Storegate's servers (the "Content").
The Customer undertakes to use the Service only in accordance with the User Agreement and Storegate's instructions in force from time to time, which are made available via the Website, by e-mail or in the Software. The Customer may not use the Service in any manner that could overload, interfere with, damage, disable or impair the Service or use the Service in any manner that could lead to the transmission, distribution or upload of programs or material containing malware, such as viruses, timebombs, cancelbots, worms, Trojan horses, spyware or other potentially harmful programs, material or information.
The Customer agrees not to use the Service to upload, post, email or otherwise process or transmit any information in violation of any applicable law (including but not limited to information that may constitute incitement to hatred, child pornography offenses, defamation, libel, slander, or libelous conduct), unlawful deprivation of liberty and/or infringement of copyright or other intellectual property laws or breach of applicable data protection laws) or which may otherwise be perceived as threatening, abusive, racist, harassing, offensive, vulgar and/or indecent or which invades another's privacy. The Customer also undertakes not to use Storegate's trademarks or signs in any way other than as expressly permitted by Storegate.
The Customer is not entitled to use information in the Service or space on Storegate's servers for any purpose other than use of the Service in accordance with this User Agreement. The Customer shall not for commercial purposes reproduce, duplicate, make copies of, sell, resell or exploit any part of the Service, use of the Service, or access to the Service without first having agreed in writing with Storegate to do so. Nor may the Customer use the Service as part of automated processes for other software applications or in connection with the mass distribution of information or in support of publicly available file sharing services.
By accepting this User Agreement, the Customer consents that Storegate may process the Content, and disclose the Content where Storegate is required to do so in order to (a) comply with any obligation under applicable law; (b) enforce the User Agreement; (c) respond to claims that the Content infringes a third party right or otherwise violates applicable law; or (d) protect the interests, rights, property or personal safety of Storegate, its users or the public.
The Customer understands that the provision of the Service and storage of the Content may involve (a) transmission over various networks; and (b) modifications to adapt and process the Content in accordance with technical requirements for connection of networks or devices.
6. SPECIAL CONDITIONS FOR THE STOREGATE SIGNING SERVICE
The customer is aware and accepts that signature credits are valid for the current month and do not carry over to the next month or the next payment period. Signature credits are consumed for each signature performed by a signer or a verifier. The conversion table for signature credits/functional use can be found under support on the website. If an envelope is sent out but withdrawn before a signer/reviewer has started a signature, the signature credits are returned to the Customer's pot. If a signer/reviewer starts a signature, all credits for the envelope are considered used up.
Storegate is never a signatory to an agreement, unless the signature request is initiated by Storegate.
It is the Customer's responsibility to keep informed about current regulations on eIDs, e.g. whether special conditions apply to certain eIDs and whether there are restrictions on the areas in which an eID may be used. If it is suspected that the Service is being used in an area that contravenes such conditions, Storegate reserves the right to refuse the Customer use of the Service.
Upon termination of the Storegate Signing service, all information, including envelopes, settings, documents and other information related to the Service will be deleted. Storegate is responsible for validating documents for up to ten (10) years via QR code and link.
Storegate is not responsible for the validity or content of the documents. In the event of a dispute regarding a contract signed with the Service, Storegate is only obliged to disclose information about the contract that can be generated using the Service. Such information is then communicated to both parties simultaneously.
7. PROCESSING OF PERSONAL DATA
Upon registration, the Customer shall provide the personal and address information requested in the registration form and keep Storegate informed of any changes in such information during the term of the agreement. The Customer who is a legal entity shall also provide information on the contact person(s) who shall have access to the Service on behalf of the legal entity.
Storegate collects and processes the personal data of the Customer or the Customer's contact persons provided in the registration form ("Personal Data") for the purpose of providing and administering the Service and otherwise fulfilling its obligations under the User Agreement. Storegate is the data controller for this processing and will always safeguard the personal integrity of the Customer or the Customer's Contact Persons in connection with this processing and will endeavour to protect the Personal Data in the best possible way. Storegate complies at all times with the applicable data protection laws and regulations, such as the EU Data Protection Regulation 2016/679 ("GDPR"), the supplementary national legislation associated with the GDPR and other applicable data protection legislation.
In connection with the provision of the Service, Storegate may from time to time process personal data on behalf of the Customer. For such processing of personal data, the Customer is the data controller and Storegate will process the personal data in its capacity as data processor. The parties agree that Storegate's Data Processor Agreement, https://www.storegate.com/personuppgiftsbitradesavtal/ shall apply to Storegate's processing of personal data on behalf of the Customer.
8. PASSWORDS ETC.
The Customer is responsible for ensuring that the user identity(ies) and password(s) obtained by the Customer for the Service are kept in a safe manner and inaccessible to third parties. The Customer is responsible for any unauthorized use of the Customer's user identity and password for the Service until the Customer has requested and Storegate has blocked certain user identity access to the Service. Storegate is entitled to control the use of the Service in accordance with this User Agreement itself or by engaging an external consultant at the Customer's premises.
9. SUPPORT OF THE SERVICE
Support for the Service is provided only to Customers who have contracted for paid versions of the Service and is not included in free versions of the Service. Customers using a free version of the Service are referred to the Website for further information on support issues.
The customer is aware that Storegate provides technical support via remote control. Remote control requires the Customer's consent. The Customer is aware that Storegate is granted access to the Customer's computer system through such remote control. The Customer acknowledges and accepts that Storegate accepts no liability for any damage - direct or indirect - caused to the Customer by the use of remote technical support, unless such damage is caused to the Customer by wilful or grossly negligent conduct on the part of Storegate.
10. TERMS OF PAYMENT
Customers who choose to create an account for a paid version of the Service will be charged by Storegate in the manner agreed between the parties, i.e. in accordance with the payment method and payment period chosen. Charging will be in accordance with Storegate's price list for the Service in force at the time, published on the Website, unless otherwise agreed between the parties.
Storegate reserves the right to change the prices for the Service at any time. However, such changes shall become effective only after Storegate has published a new price list on the Website and informed the Customer of the price changes. In the event that the Customer does not accept the price change, the Customer has the right, within sixty (60) days of Storegate informing the Customer of the changes, to terminate the User Agreement with immediate effect, in which case the Service will be retained for any remaining period already paid for and then terminated. Any Customer who has not terminated the User Agreement within this period shall be deemed to have accepted the changes.
All fees are payable in advance unless otherwise stated. However, in cases where the Service is invoiced after consumption, subsequent invoicing/crediting may occur. In case of payment against invoice, Storegate reserves the right to charge an invoice fee in accordance with Storegate's price list in force at the time. The Customer may change the method of payment at any time when the Customer is logged into his account for the Service. The change will then become effective as of the next payment period.
In the event that the Customer has not made payment in accordance with the invoice or does not have coverage for the payment on the specified credit card, Storegate shall have the right to suspend all or part of the Service until the Customer has made full payment. If the Customer does not pay, despite a reminder from Storegate, Storegate shall be entitled to immediately terminate the Customer's User Agreement. In the event of late payment, Storegate is further entitled to compensation for the reminder of payment, for collection costs and the right to interest on arrears in accordance with the law.
The customer is responsible for notifying Storegate in case the billing information needs to be changed. If the Customer has chosen to receive an e-mail invoice and the e-mail address provided by the Customer is incorrect, or if the invoice otherwise does not reach the Customer's e-mail address, Storegate has the right to send a paper invoice instead for a fee.
The payment made is binding and non-refundable in the event of termination of the User Agreement or downgrading/deactivation, regardless of the reason for termination of the User Agreement or when such termination occurs.
11. RIGHT OF WITHDRAWAL FOR CONSUMERS
When using the Service as a consumer, Storegate applies a 14-day right of withdrawal, in accordance with applicable consumer protection legislation, from the date on which the user account was registered on the Website. To exercise the right of withdrawal, Customer needs to notify Storegate by e-mail to firstname.lastname@example.org within the above-mentioned period or use the standard form available on the website of the Swedish Consumer Agency.
12. CLAIMS ARISING FROM THE CUSTOMER'S USE OF THE SERVICE
If a claim is made against Storegate or an action is brought against Storegate as a result of the Customer's use of the Service, the Customer undertakes to indemnify Storegate for any loss incurred by Storegate as a result of such claim (including but not limited to costs arising from settlement or judgment). The undertaking only applies provided that the Customer is notified in writing by Storegate of the claim made or the action brought against Storegate within a reasonable time after the claim has been made and has been given the opportunity to accept any settlement or similar undertaking.
13. LIMITATION OF LIABILITY
In no event shall Storegate be liable for any indirect or consequential damages (e.g. financial loss, loss of income or loss of data) that may be suffered by the Customer or any third party as a result of the Service or the Customer's use of the Service. Storegate shall not be liable for any data breach or lack of data confidentiality in connection with the transmission of information via the Internet when using the Service.
To the extent possible under applicable law, Storegate is also not liable for direct damages that may be suffered by the Customer or third parties as a result of the Service or the Customer's use of the Service.
Storegate's liability under the User Agreement shall in any event always be limited to an amount corresponding to the annual fee paid by the Customer for the Service under this User Agreement, but not exceeding SEK 10,000. Claims exceeding this amount cannot be asserted by the Customer against Storegate. This limitation shall also apply if other warranties or remedies under this User Agreement fail to fulfil their purpose.
Storegate's liability shall be limited to the above, unless intent or gross negligence is present.
Storegate's indemnification obligation under this paragraph shall, to the extent permitted by applicable law (including applicable consumer protection laws), not apply to free versions of the Service.
14. DURATION OF THE CONTRACT AND TERMINATION
This User Agreement shall enter into force on the date of the Customer's subscription to the Service through registration via the Website and shall remain in force until further notice. The User Agreement may be terminated by either party at the end of the current payment period provided that notice is given at least thirty (30) days before the end of the payment period. The same notice period applies in the event that the Customer wishes to downgrade the size of the account or deactivate activated payment services within the framework of the Service. If the User Agreement is not terminated at least thirty (30) days before the end of the relevant payment period, the User Agreement shall be extended by a period equal to the length of the last payment period with thirty (30) days' notice.
The Customer may terminate the User Agreement in the first instance via his/her account for the Service. If login details are missing, it is possible to send a written notice of termination to Storegate. Storegate may then require the person wishing to terminate the User Agreement to prove his or her identity.
Upon termination of the User Agreement, the Customer will have access to the Service for the remaining time for which the Customer has already paid. It is the Customer's responsibility to empty his/her account before the expiry of the contractual period for the Service. If this is not done, Storegate will keep the remaining files for two (2) months in the event of a reactivation of the account. Thereafter, Storegate has the right to delete the remaining files. In the event that the Customer requires assistance from Storegate for the transfer of information, Storegate is entitled to compensation in accordance with Storegate's price list for consultancy services in force at the time for such assistance.
Storegate reserves the right to immediately terminate the User Agreement and/or suspend all or part of the Service (including immediately clearing the storage space) for any Customer who uses the Service in violation of this User Agreement or Storegate's instructions, uses the Service for storage and/or transmission of unreasonably large amounts of data or for unreasonably long data sessions compared to an average use of the Service, or for any Customer whom Storegate otherwise deems to be at risk of seriously disrupting the use of Storegate systems or who obviously misuses the Service.
The Customer agrees that Storegate has the right to terminate the User Agreement and clear the storage space of Customers of the free version of the Service who have been inactive for more than six (6) months. In case Storegate intends to terminate the User Agreement due to inactivity, Storegate shall provide notice thereof to the Customer's e-mail address. The Customer may then activate the Service in order to keep the Service with the same conditions as before. In case the Customer has not activated the Service within one (1) month from receipt of such notice of termination, Storegate shall have the right to terminate the Customer's account and clear the storage space.
Storegate is further entitled to terminate the User Agreement with immediate effect if the Customer is declared bankrupt, suspends payments, enters into liquidation or is otherwise deemed to be insolvent.
In the event of Storegate's termination of the User Agreement due to the Customer's breach of contract, Storegate reserves the right to claim compensation from the Customer for any damage Storegate suffers as a result of the breach of contract.
15. FORCE MAJEURE
The Party is exempt from penalty for failure to perform any obligation under the User Agreement if the failure is due to a circumstance of the type set forth below ("Exempting Circumstance") and the circumstance prevents, or substantially impedes, the timely performance thereof and the Party could not have controlled the circumstance. Exempting circumstances include, but are not limited to, acts or omissions of public authorities, new or changed legislation, labour disputes, blockades, lightning, fire, floods, shortages of transport, goods or energy, or for failure or delay in the supply of goods or services by the supplier due to the above-mentioned circumstance, as well as failure of the public data or telephone network.
The Customer shall not be entitled to transfer its rights or obligations under this User Agreement without Storegate's written consent. Storegate is entitled to assign its rights or obligations under this User Agreement in its entirety.
Storegate has the right to subcontract the functionality of the service and the performance of the service's obligations under this User Agreement. Storegate is liable for the subcontractor as for its own action.
Notices to the Customer will be sent to the e-mail address specified by the Customer in the User Agreement. Messages from the Customer to Storegate can be sent via the "Contact us" section of the Website. Messages shall be deemed to have been received by Storegate when Storegate confirms receipt with a personal reference (no auto-reply).
17. APPLICABLE LAW AND DISPUTES
Swedish law shall apply to this User Agreement.
In the event of a dispute, our aim is always to find the best possible solution to the problem. If the dispute cannot be resolved in agreement with Storegate's support, you can, if you use the Service as a consumer, turn to the Swedish Complaints Board (ARN).
Disputes arising from the User Agreement that cannot be settled in any other way as described above shall be finally settled by a Swedish general court.