Terms of service

NICE – Viewton AB – General terms and conditions

§ 1. General
The following general terms constitute a binding agreement ("User Agreement") between Viewton AB, org. no. 559010-6091 ("NICE") on the one hand, and users and/or purchasers of NICE's services ("the Customer"), on the other hand. NICE provides the Customer with various web-based services (the "Service"). The user agreement is only valid if, in the case the Customer is a private person, it has been entered into by the Customer who has reached the age of 18 at the time of the agreement, and if the Customer is a legal person, it has been entered into by an authorized representative of the legal person.

§ 2. Scope of the service
The service consists of the services, systems, information and products that have been produced specifically by agreement between NICE and the Customer. NICE 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. NICE shall inform the Customer via e-mail to the e-mail address specified by the Customer, of such changes in the terms of the User Agreement and/or such significant changes in the Service that NICE implements. In the event that the Customer does not accept such a material change to the Service or the terms of the User Agreement, the Customer shall have the right to terminate the User Agreement to immediate termination within thirty (30) days of NICE informing the Customer of the changes. A customer who has not terminated the User Agreement no later than thirty (30) days after NICE informed them of the changes shall be deemed to have accepted the changes. Support of the Service is only provided to Customers who have entered into an agreement for paid versions of the Service and is not included in free versions of the Service. However, NICE is free to offer support on a case-by-case basis also to Customers who have entered into an agreement for the free version of the Service. Interruptions, disturbances or errors in the Service are notified to NICE during office hours. NICE then tries to rectify the error to the best of its ability during office hours. The customer has no right to request compensation due to service interruptions or errors in the Service. NICE makes no guarantee regarding the Service's availability or error-freeness.

§ 3. Conclusion of this User Agreement
This user agreement is accepted and put into use when the agreement has been accepted by the customer over the phone (orally) or e-mail (in writing).

§ 4. Registration and processing of personal data
NICE collects and processes the personal data about the Customer in order to provide and administer the Service and otherwise fulfill its obligations according to the User Agreement. To the extent required for NICE to be able to provide the Service in accordance with the User Agreement, NICE may transfer the Personal Data to service providers and partners. NICE and/or NICE partners shall have the right to process the Personal Data for the marketing of campaigns, offers and new products or services offered within the scope of the Service by NICE or NICE partners. The customer has the right to access the Personal Data that NICE has registered about them and can at any time request that NICE correct or delete incorrect or incomplete Personal Data. By accepting this User Agreement, the Customer consents to NICE processing the Personal Data in accordance with what is stated in this clause 4.

§ 5. Right of withdrawal
A customer who enters into the User Agreement as a private person has the right, in accordance with the Distance and Home Sales Act, to exercise his right of withdrawal and withdraw from the User Agreement if notified within 14 days of the User Agreement being entered into. If the Customer exercises his right of withdrawal and withdraws from the User Agreement in accordance with the Distance and Home Sales Act, NICE will refund the payment made by the Customer within 14 days from the time of exercise of the right of withdrawal. This does not apply to legal entities unless otherwise agreed.

§ 6. Passwords and login documents

The Customer is responsible for ensuring that the user identity(s) and password(s) the Customer uses for the Service are stored securely and inaccessible to third parties. The Customer is responsible for any unauthorized use of the Customer's user identity and password to the Service until the Customer has requested and NICE has blocked certain user identity access to the Service. NICE has the right to check the use of the Service and the Customer's use of user identities and passwords in accordance with this User Agreement by itself or by engaging an external consultant with the Customer.

§ 7. Customer's responsibility
The Customer is responsible for and must bear all costs for the Customer having access to such equipment as is required to access and be able to use the Service to its full capacity, including but not limited to Internet connection and 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 NICE servers. The customer undertakes to only use the Service in accordance with the User Agreement and NICE instructions applicable at any time. The customer is not entitled to use the Service in a way that could overload, disrupt, damage, disable or impair the Service or use the Service in any way that could lead to the transmission, distribution or uploading of programs or materials that contain malicious code, such as viruses, time bombs, cancelbots, worms, Trojan horses, spyware or other potentially harmful programs, materials or information. The customer undertakes not to use the Service to conduct illegal activities or to upload, publish, e-mail or otherwise process or forward information in violation of applicable law (including but not limited to information that can be considered to constitute incitement against a group of people , child pornography offences, defamation, insult, sedition, illegal violence and/or breach of copyright or other intellectual property legislation or breach of the Personal Data Act), or which may otherwise be perceived as threatening, offensive, racist, harassing, offensive, vulgar and/or indecent or which involves an invasion of another's privacy.This means, among other things, that the Customer does not have the right to use the Service for prostitution, publication of any form of pornographic material, so-called "camshowers" or "stripshowers", sales of weapons, drugs, smoking mixes or anabolic steroids. The customer may also not use the Service in a way that could damage the reputation of NICE or the NICE brand. The customer undertakes not to use NICE trademarks or features in any way other than as expressly permitted by NICE. The Customer does not have the right to use information in the Service or space on NICE's servers for purposes other than use of the Service in accordance with this User Agreement or as agreed between NICE and the Customer. The customer must 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 NICE to this effect. The customer may also not use the Service as part of automated processes for other software applications or in connection with mass sending of information or as support for a publicly available file sharing service. The customer is responsible for ensuring that all processing of personal data that takes place through the Service takes place in accordance with the Personal Data Act. If the Customer includes an E-store solution in the Service, it is the Customer's responsibility to ensure that all use of the E-store solution is in accordance with applicable law, including but not limited to the Marketing Act, the Distance and Home Sales Act and the Electronic Commerce Act. If NICE reasonably suspects that the Customer has violated this clause 7, NICE has the right to immediately terminate the User Agreement and suspend the customer from the service without the Customer being entitled to any form of compensation or refund.

§ 8. Right of use to Content
NICE grants the Customer a non-exclusive, non-transferable, worldwide and revocable right to use the Service and its content (including but not limited to all software contained therein) ("the Content") in accordance with this User Agreement. NICE reserves the right to change and/or replace the Content during the contract period. All intellectual property rights and other rights to the Content are held by NICE or its licensors. The customer receives no right of any kind to the Content beyond what is expressly stated in this User Agreement. The content may only be copied by the Customer to the extent that has been expressly permitted in writing by NICE. Under no circumstances is the Customer entitled to fully or partially disassemble, network, process, alter, decompile, copy, add to or create derivative works from the Content beyond what is expressly stated in this User Agreement. The Customer also does not have the right to assign, rent, lend, license or otherwise provide all or part of the Content to third parties beyond what is expressly stated in this User Agreement or via special agreements between NICE and the Customer. NICE makes no guarantee of any kind that the Content meets the Customer's needs or that the Content can be used without disturbances or errors. NICE has the right to collect information about the Customer's computer, hardware, operating system, programs, etc. in connection with error reporting or support matters concerning the Service. as well as the right to obtain such other necessary information as may be required to handle the error report or the support case. The customer hereby agrees that NICE may collect information as described above. NICE does not have the right to use information concerning the Customer collected as above for purposes other than handling error reports or support matters. NICE undertakes to treat such collected information confidentially.

§ 9. Terms of payment
A customer who has entered into an agreement for a paid version of the Service must pay NICE in accordance with NICE at any time the applicable price for the Service published on the NICE website or price as agreed between the Customer and NICE. NICE reserves the right to unilaterally change the prices for the Service at any time. Such changes shall apply to all payment periods that begin after NICE has published a new price list on its website or otherwise informed the Customer of the price changes. When the Customer enters into an agreement for a paid version of the Service as above, any remaining trial period is not deducted. The trial period is therefore only to be able to evaluate the Service before the contract for the paid version of the Service is concluded. All payments to NICE must be made in advance unless otherwise specified. In the event that the Customer has not made payment in accordance with the invoice and within thirty (10) days from the issue of the invoice, or alternatively does not have cover for the payment on the specified credit card, NICE shall have the right to suspend all or part of the Service until the Customer has paid full payment. If the Customer does not pay, despite a reminder from NICE, NICE shall have the right to immediately terminate the Customer's User Agreement. In the event of late payment, NICE is also entitled to compensation for payment reminders, debt collection and collection costs according to law, as well as the right to late payment interest at 24% plus the applicable reference interest rate. Payment made is binding and is not refunded in connection with the termination of the User Agreement or in the event of downgrading/deactivation, regardless of the reason for the termination of the User Agreement or downgrading/deactivation and regardless of when this occurs. However, this does not apply if the Customer uses his right of withdrawal according to the Distance and Home Sales Act.

§ 10. Claims due to the Customer's use of the Service
If a claim is made against NICE or an action is brought against NICE due to the Customer's use of the Service, the Customer undertakes to indemnify NICE for all damages incurred by NICE as a result of such claim (including but not limited to costs due to settlement or judgment) . The undertaking only applies under the condition that the Customer is notified in writing by NICE within a reasonable time of the claims being made or that a lawsuit has been brought against NICE, and that the Customer has been given the opportunity to approve any settlement or similar undertaking.

§ 11. Limitation of liability
NICE shall not be held liable for direct, indirect or other consequential damage to person or property, financial loss or loss of data that may affect the Customer or third parties due to the Service or the Customer's use of the Service. NICE shall not be held responsible for data breaches or lack of data confidentiality in connection with the transmission of information via the Internet when using the Service. Nor can NICE be held responsible for errors or changes in third-party services that are mediated through the Service. NICE's liability shall be limited to the above unless there is gross negligence or intent. NICE's liability according to the User Agreement shall under all circumstances always be limited to an amount corresponding to the fee paid by the Customer during the current subscription period for the Service. Claims that exceed this amount cannot be asserted by the Customer against NICE. This limitation shall apply even if other warranties or remedies under this User Agreement fail of their purpose.

§ 12. Contract period and Termination
This User Agreement comes into force on the day of payment of the first invoice for the Service. Unless otherwise stated in agreement between NICE and the Customer, the Service always has a three (3) month notice period. NICE reserves the right to immediately terminate the User Agreement and/or shut down all or part of the Service (including immediately clearing the storage area) for Customers who use the Service in violation of this User Agreement or NICE instructions, use the Service for the storage and/or transfer of unreasonably large data volumes or for unreasonably long data sessions compared to an average use of the Service, or for a Customer whom NICE otherwise deems to be at risk of seriously disrupting the use of NICE systems or who is clearly abusing the Service. NICE termination of the User Agreement due to the Customer's breach of contract NICE reserves the right to demand compensation from the Customer for any damage NICE suffers as a result of the breach of contract. The customer understands that NICE may cease to offer free versions of the Service. NICE then has the right to terminate the User Agreement and clear the storage space for Customers for the free version of the Service. In the event that NICE intends to cease offering free versions of the Service, NICE shall provide notice thereof to the Customer's e-mail address. One (1) month thereafter, NICE shall have the right to terminate the Customer's free version of the Service and clear the storage area. The Customer understands that NICE also has the right to terminate the User Agreement and clear the storage area for Customers of the free version of the Service who have been inactive for more than one (1) month. In the event that NICE intends to terminate the User Agreement due to inactivity, NICE shall provide notice thereof to the Customer's stated e-mail address. The customer can then activate the Service in order to keep the Service with the same conditions as before. In the event that the Customer has not activated the Service within one (1) month from receipt of such notice of termination, NICE shall have the right to terminate the Customer's account and clear the storage area. NICE further has the right to terminate the User Agreement with immediate effect if the Customer is declared bankrupt, stops its payments, goes into liquidation or can otherwise be considered insolvent.

§ 13. Force Majeure
A party is exempt from penalty for failure to fulfill a certain obligation under the User Agreement if the failure is based on a circumstance of the type specified below ("exculpatory circumstance") and the circumstance prevents, or significantly complicates the timely fulfillment thereof and the party could not control the circumstance. Such as exculpatory circumstance shall be considered i.a. action or omission by an authority, new or amended legislation, conflict in the labor market, blockade, lightning, fire, flood, disruption of transport, telecommunications or power supply, or for failure or delay in delivery of goods or services by the supplier due to the above-mentioned circumstance.

§ 14. Notifications
Notifications according to this Agreement are sent by NICE primarily to the e-mail address specified by the Customer. The customer is therefore obliged to ensure that the e-mail address and other contact details are always correct and up-to-date. § 15. Changes to the User Agreement With the exception of what is stated in point 2, paragraph 2, all changes and additions to this User Agreement, to be valid, must be in writing and signed by both parties.

§ 15. Applicable law and disputes
Swedish law shall apply to this Agreement. Any disputes arising from this User Agreement or the Service must be settled in a Swedish general court with the Stockholm District Court as the first instance.