Notes2Mobile Terms and Conditions of Use
Effective as from 20 June 2016.
This document (the “Agreement”) is a legally binding agreement between you and Edgeguide AB, St Eriksgatan 26, 112 39 Stockholm Sweden SE556585-152301, a Swedish Company, that governs your use of the Notes2Mobile software application. If you do not agree to the terms and conditions of the Agreement, you may NOT use the Notes2Mobile Application.
1 § Contract formation
2 § Changes to the Agreement and Notices
Edgeguide AB may make changes to this Agreement at its sole discretion. Changes will be communicated to you by us posting the new version of the Agreement on the Edgeguide or Notes2Mobile Websites or as otherwise determined by Edgeguide AB in its sole discretion and your acceptance of and / or continued use of the Notes2Mobile Software Application or the after such notification of changes to this Agreement will constitute your acceptance of such changes. You may also be asked to re-acknowledge and re-accept this Agreement following any material changes.
3 § Grant of license
You are granted a limited, non-exclusive, revocable license to make use of the Notes2Mobile Software Application (including a right to download said application) and the Notes2Mobile Service. You do not have a right to transfer or sublicense your rights under this Agreement.
4 § Purchase of the Notes2Mobile Application
If you agree to pay the fee for access to the Notes2Mobile application, such fee will be charged by the company designated by Edgeguide AB in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name).
5 § Prices
Edgeguide AB may change the price for the Notes2Mobile application from time to time. In respect of the Notes2Mobile application, such changed price will take effect after the expiry of the then current paid for period (i.e. the term that you have already paid for). Any price change will be communicated to you at least 14 days in advance so that you have an opportunity to elect to not renew. If you do not wish to be bound by such changed price relating to Notes2Mobile application may terminate your subscription of your Notes2Mobile application in accordance with Section 9 (Term and termination). Your continued use of the Notes2Mobile application after the communication of such price change to you constitutes an acceptance of such new price.
6 § Automatic Subscription Renewal
Your subscription to the Notes2Mobile Application will automatically renew at the end of each subscription term unless you terminate your subscription prior to the end of such subscription term in accordance with Section 9 (Term and termination). Such renewal will always be for a monthly subscription term, even if the previous subscription term was for a longer period. If you would like to renew for a longer term, then please contact Edgeguide AB. At the time of renewal the payment method you have designated to be charged for the purchase of the Notes2Mobile application will automatically be charged our then current fees for the applicable subscription.
7 § Third Party Applications and Third Party Applications Content
8 § Restrictions of Use
For the avoidance of doubt, you agree that you may not (without limitation):
- Sell or attempt to sell any invite to access the Notes2Mobile application, or resell any code used to access the Notes2Mobile service.
- Provide your password to any other person or use any other person's user name and password.
- Reverse-engineer, decompile, disassemble, modify or create derivative works based on the Notes2Mobile Application or the Notes2Mobile Service or any part thereof.
- Rent or lease any part of the Notes2Mobile Software Application or the Notes2Mobile Service.
- Use the Notes2Mobile Software Application or the Notes2Mobile Service in a way that violates the terms of this Agreement.
In addition to the above, you agree to take all reasonable care to prevent unauthorized use of the Notes2Mobile Software Application and the Notes2Mobile Service and its content.
9 § Term and Termination
This Agreement will become effective in relation to you when you create a Notes2Mobile account or when you start using the Notes2Mobile Software Application or the Notes2Mobile Service and will remain effective until terminated by you or Edgeguide AB. You may cancel your subscription of the Notes2Mobile Service at any time by visiting your subscription page which termination shall have effect at the expiry of the then-current subscription period that you have already paid for (e.g. one month, one quarter or a year). Edgeguide AB will not refund any remaining portion of subscription fees you have already paid for. Edgeguide AB reserves the right to terminate this Agreement or suspend your Notes2Mobile account at any time in case of unauthorized, or suspected unauthorized use of the Notes2Mobile Software Application or the Notes2Mobile Service whether in contravention of this Agreement or otherwise. If Edgeguide AB terminates this Agreement, or suspends your Notes2Mobile account for any of the reasons set out in this section, Edgeguide AB shall have no liability or responsibility to you, and Edgeguide AB will not refund any amounts that you have previously paid.
10 § NO WARRANTY
THE USE OF THE NOTES2MOBILE SOFTWARE APPLICATION AND THE NOTES2MOBILE SERVICE (INCLUDING BUT NOT LIMITED TO ITS CONTENT) IS AT YOUR OWN RISK. THE NOTES2MOBILE SOFTWARE APPLICATION AND THE NOTES2MOBILE SERVICE IS PROVIDED AND LICENSED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EDGEGUIDE AB DISCLAIMS AND GIVES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO THE QUALITY, CONTENT AND AVAILABILITY OR FITNESS FOR A SPECIFIC PURPOSE OF THE NOTES2MOBILE SOFTWARE APPLICATION OR THE NOTES2MOBILE SERVICE OR WARRANTY OF TITLE OR NON-INFRINGEMENT.
In addition, Edgeguide AB does not warrant, endorse, guarantee or assume responsibility for any Third Party Application, Third Party Application Content or any other product or service advertised or offered by a third party on or through the Notes2Mobile Service or any hyperlinked website, or featured in any banner or other advertising. Consequently Notes2Mobile will in no way be responsible for any transaction between you and third-party providers of Third Party Applications. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Edgeguide AB shall create any warranty on behalf of Notes2Mobile in this regard.
11 § LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EDGEGUIDE AB, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE NOTES2MOBILE SOFTWARE APPLICATION OR THE NOTES2MOBILE SERVICE (INCLUDING BUT NOT LIMITED TO ITS CONTENT), THE THIRD PARTY APPLICATIONS OR THE THIRD PARTY APPLICATION CONTENT EVEN IF YOU HAVE ADVISED EDGEGUIDE AB ABOUT THE POSSIBILITY OF SUCH LOSS, AND INCLUDING ANY DAMAGES RESULTING THEREFROM.
Your only right with respect to any problems or dissatisfaction with the Notes2Mobile Software Application, the Notes2Mobile Service, the Third Party Applications or the Third Party Application Content is to uninstall the Notes2Mobile Software Application and to stop using the Notes2Mobile Service, the Third Party Applications or the Third Party Application Content. In no event will Edgeguide AB’s total liability to you in connection with this Agreement exceed the total amount paid by you for the relevant Notes2Mobile Services.
Nothing in this Agreement removes or limits Edgeguide AB’s liability for fraudulent misrepresentation, death or personal injury caused by its negligence.
12 § Indemnity
You agree to indemnify and hold Edgeguide AB and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.
13 § Technology Limitations and Modifications
Notes2Mobile will make reasonable efforts to keep the Notes2Mobile Software Application and the Notes2Mobile Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Edgeguide AB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Notes2Mobile Software Application and the Notes2Mobile Service with or without notice.
14 § Assignment By Edgeguide AB
Edgeguide AB may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.
15 § Entire Agreement
16 § Severability
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
17 § Choice of Law
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