Terms of Service
Effective date: January 23, 2024
This agreement governs the relationship between Eyevinn Technology AB ("Service Provider") and customers using Eyevinn Open Source Cloud services. By creating an account you accept these terms in full.
1. Third Party Agreements
Customers accept applicable open-source licenses for code used within the Service. The Service Provider uses infrastructure providers and third-party processors. Customers are not party to those agreements but authorise such partnerships for data processing.
2. Acceptance
Creating an account constitutes electronic acceptance of these terms. Account creators must be legally authorised to enter agreements and confirm the accuracy of all contact and billing information provided.
3. Our Services
The Service Provider grants a limited, time-bound, revocable, non-exclusive, non-transferable licence to access and launch service instances on the platform.
Standard technical support operates weekdays 09:00β16:00 Central European Time via email on a best-effort basis. Support excludes application-specific issues, development support, and end-user assistance.
4. Limited Responsibility
Services are provided "as is" without warranties regarding performance, guaranteed uptime, or error correction. The Service Provider accepts no responsibility for third-party code, self-service tool outcomes, or resource consumption issues.
5. Acceptable Use Policy
Prohibited uses include, but are not limited to:
- Illegal activities of any kind
- Spam distribution
- Harassment of any party
- Unauthorised account access
- Cryptocurrency mining without express written permission
- Intellectual property violations
- Distribution of malicious content
Violations may result in immediate suspension or termination of access.
7. Licence
The Service Provider grants a limited, revocable, non-exclusive licence to use the platform. Re-selling is permitted only under specific subscription plans as documented in the pricing schedule.
8. Assignment
Neither party may assign its rights or obligations without the other's prior written consent, except that the Service Provider may assign this agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets.
9. Our Obligations
Services are provided professionally and in accordance with industry standards. The Service Provider retains no proprietary rights to customer data.
10. Your Obligations
Customers must:
- Protect account credentials and maintain strong passwords
- Notify the Service Provider immediately of any unauthorised account access
- Take sole responsibility for all account activities, data processing, and data backups
11. Information Security
Customers bear responsibility for all activity under their account and must implement appropriate safeguards against unauthorised access.
12. Data Continuity
Customers must independently back up all data associated with their service use. The Service Provider does not guarantee data retention beyond active service periods.
13. Fees and Payments
Fees are calculated daily, weekly, or monthly and may include fixed and variable components. Subscriptions auto-renew unless cancelled. Payment failures may result in service suspension. Customers are responsible for all applicable taxes.
14. Transfer of Open Source Code
Customers may transfer services and source code to their own infrastructure at their own expense, which terminates the Service Provider's commitments for that specific service.
15. Privacy
Customers must implement appropriate physical, administrative, and technical safeguards to protect data from breach or unauthorised access. The Service Provider's data practices are governed by the Privacy Policy.
16. Intellectual Property
The Service Provider retains all rights to its technology and intellectual property. Customers may not modify, reverse engineer, or decompile the platform. Feedback provided by customers grants the Service Provider a universal, paid-up, royalty-free, perpetual, transferable licence to use that feedback.
17. Confidential Information
Both parties must protect each other's confidential information and limit disclosure to service-related third parties who are bound by equivalent protections.
18. Indemnification
Both parties indemnify each other for breaches, recklessness, and misconduct. Customers specifically indemnify the Service Provider regarding service misuse, data processing violations, and intellectual property infringement relating to customer-provided content.
19. Relationship
The parties are independent contractors. Nothing in this agreement creates an employment, partnership, or agency relationship.
20. Limitation of Liability
Neither party is liable for indirect, incidental, special, punitive, exemplary, or consequential damages. Aggregate liability is capped at the fees paid by the customer during the twelve months preceding the claim.
21. Term and Termination
This agreement begins upon account creation and continues indefinitely. Paid services auto-renew monthly unless cancelled. The Service Provider may terminate immediately for material breach or suspend accounts for policy violations. Upon termination, the Service Provider may delete user data without further obligation.
22. Force Majeure
Neither party is liable for failures resulting from causes beyond its reasonable control, including natural disasters, war, governmental action, or internet infrastructure failures.
23. Trade Restrictions
Customers may not transfer, export, or use services in violation of applicable US or Swedish trade control laws, embargoes, or sanctions.
24. Governing Law and Dispute Resolution
Swedish law governs this agreement. Disputes are resolved by arbitration under the rules of the Stockholm Chamber of Commerce (SCC), with proceedings in Stockholm conducted in English. Legal action must be commenced within two years of the cause of action arising.
Contact
For questions about these Terms of Service, contact us at:
Email: info@eyevinn.se
Address: Eyevinn Technology AB, Vasagatan 52, 111 20 Stockholm, Sweden