PLEASE REVIEW THIS SERVICE AGREEMENT (THIS "AGREEMENT") CAREFULLY, AS IT CONSTITUTES A LEGAL AGREEMENT BETWEEN "CUSTOMER" (THE ENTITY YOU HAVE STATED IN THE ONLINE ORDER FORM), AND EASY-LASER AB, A COMPANY DULY INCORPORATED AND ORGANIZED UNDER THE LAWS OF SWEDEN WITH CORPORATE REGISTRATION NUMBER 556474-3705, HAVING ITS ADDRESS AT ALFAGATAN 6, 431 22 MÖLNDAL, SWEDEN (“WE” OR “EASY-LASER”).
IN ORDER TO CREATE AN ACCOUNT AND USE THE SERVICE, YOU MUST FIRST READ THIS AGREEMENT AND INDICATE ITS ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DOES NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD CLICK THE "DO NOT ACCEPT" BUTTON AT THE END OF THIS AGREEMENT, IN WHICH CASE CUSTOMER WILL NOT BE ALLOWED TO USE THE SERVICE.
THIS IS AN AGREEMENT FOR SERVICE AND CUSTOMER IS NOT BEING GRANTED A LICENSE TO ANY SOFTWARE UNDER THIS AGREEMENT.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT.
Capitalized terms herein shall have the meaning set out in "Definitions" (below).
You shall, if applicable, state the Customer contact data requested in the online order form when creating the Account and Customer shall via its Administrator(s) keep such information updated in relation to Easy-Laser during the term of the Agreement.
The person that creates the Account is assigned the Administrator role and can as such add and remove Users and Administrators. The Account and the data within the Account can only be accessed by the Users and Administrators added to the Account by an Administrator, unless specifically stated herein or in our privacy policy.
All data the Administrators and Users upload to Easy-Laser Plus is stored within the Account. Customer retains ownership of all data uploaded to the Account. We will not share your data with any third party, unless specifically stated herein or in our privacy policy.
Customer data will be stored via Microsoft Azure within the region you have selected during creation of the Account. Data stored within the Account can be exported for use in other systems.
Delivery of the Service begins after creation of the Account.
Easy-Laser has the right - without Customer being entitled to compensation - to add or remove features and set out restrictions on use. Easy-Laser may discontinue the Service or replace the Service with other service of similar technical performance and functionality. If Easy-Laser stops providing the Service altogether, we will, where practicable, give Customer reasonable notice and a chance to retrieve its data from the Account before it is closed. If Easy-Laser discontinues the provision of the Service, Customer’s only compensation is the right to a refund of fees amounting to the time Customer was unable to use the Service, if applicable.
The Service might not be functioning during service windows and maintenance. Planned interruptions of Service will be announced to Customer in reasonable time before the service window.
Customer is solely responsible for all use of the Service(s) and subscriptions by or on behalf of Customer. Customer is also responsible for unauthorized use of the Service(s) to the extent the unauthorized access was made possible through acts or omissions by its Administrators.
Customer shall ensure compliance with all applicable laws and regulations, including export laws of any applicable country or jurisdiction, relating to the use or export of any data uploaded or stored in the Account and hold Easy-Laser harmless in case of breach of any such laws or regulations.
If we detect prohibited use of the Account, we reserve the right to terminate the Account without further notice.
An Administrator may at any time choose to terminate the Service by deleting the Account. The data will be kept for a retention period of 30 days before it is permanently deleted. During the retention period, an Administrator is able to restore the Account again.
The Service is provided free of charge up until 1 September 2024. Customers creating Accounts after 1 June 2024 will be granted a three months free test period.
Following the free test period(s) as set out above, the Service is made available under a paid subscription. If the subscription is cancelled or not renewed by Customer, the Account will be put in a limited mode allowing Administrators and Users to access the current data but not adding any new data to the Service. If an Administrator does not activate the subscription again within 90 days the Account and all data will be deleted.
The different subscription options and fees for each subscription is set out at www.easylaser.com 3 months before they become applicable.
Easy-Laser has the right to change its subscription options and fees for the Service at any time by giving thirty (30) days notice.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND EASY-LASER MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICE AND EASY-LASER HEREBY EXPRESSLY EXCLUDE ANY WARRANTIES WITH RESPECT THERETO, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, ACCURACY OR ANY OTHER WARRANTIES OR GUARANTEES THAT MAY ARISE FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EASY-LASER BE LIABLE FOR ANY LOSSES OR DAMAGES INCURRED BY CUSTOMER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL, INCLUDING LOSS OF ANTICIPATED PROFITS, SAVINGS, INTERRUPTION TO BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF BUSINESS INFORMATION OR OTHER DATA ARISING FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE REGARDLESS OF WHETHER CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Customer shall indemnify, defend, and hold Easy-Laser harmless from any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising from Customer’s use of the Service, Customer data, or any violation of the terms set out herein.
Easy-Laser may process certain personal data, such as account and contact information, as a data processor. Easy-Laser’s process of such personal data will be performed in accordance with its privacy policy, which can be found at https://easylaser.com/en-us/privacy-policy-easy-laser with the following additions and clarifications.
We will process your data to analyze the usage of the Service to make sure that you keep within your current subscriptions as well as to improve both Service and products for all our customers. All such data will be anonymous and aggregated.
Contact information provided by you or an Administrator will be shared by local distributors of Easy-Laser for support purposes.
To the extent Easy-Laser acts as a personal data processor in relation to data supplied by Customer using the Service, such as monitoring data, such data is processed in accordance with the data processing agreement.
The Agreement shall not entail that any copyright or other intellectual property rights are assigned to Customer. Customer shall not be entitled, over and above what has been consented to in writing by Easy-Laser, to use, copy, translate, or alter software or other material pertaining to the Service, or assign or license rights to such software or material to any third party.
This Agreement shall enter into force on the Effective Date and shall remain in force for as long as the Service is used by Customer, unless terminated by either party by giving 1 months notice.
Easy-Laser may at any time with immediate effect terminate the Agreement:
Easy-Laser has the right to change the terms of this Agreement from time to time by giving thirty (30) days notice. Any use of the Service after the implementation of such changes shall constitute Customer’s acceptance of this Agreement as modified.
If any provision of this Agreement, or the application thereof to any person or circumstances, shall for any reason or to any extent, be invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remainder of this Agreement, and the application of that provision to other persons or circumstances shall not be affected but, rather, shall be enforced to the extent permitted by law.
This Agreement supersedes any and all other agreements, oral or written, between the parties hereto with respect to the subject matter hereof.
No amendments, changes, revisions or discharges of this Agreement, in whole or in part, shall have any force or effect unless set forth in writing and signed by the parties hereto.
The parties may not wholly or partly assign, sub-contract, pledge or otherwise encumber any of its rights and/or obligations under this Agreement to any third party. Notwithstanding the foregoing, Easy-Laser shall have the right to transfer the Agreement to another company within its group or to a third party that has acquired the business which has provided the Service.
All notices required by this Agreement to be given by either party to the other party shall be in writing and in English.
This Agreement shall be governed by and construed and enforced in accordance with the laws of Sweden.
Any dispute, controversy or claim arising out of or in connection with the Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”).
The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.
The place of proceedings shall be Gothenburg, Sweden. The proceedings shall be conducted in the English language.
Customer may contact us for support or further information regarding the use of the Service at info@easylaser.com.
Terms last updated on October 12, 2023.
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When used in this Agreement the following capitalized terms and abbreviations shall have the respective meanings specified below, which shall be equally applicable to the singular and plural forms of such terms:
“Account” means the account created by you in accordance with the instructions set out in the online order form.
“Administrator” means a person with administrator status provided with administration access in accordance with applicable app(s) and the terms of this Agreement.
“Agreement” means this service agreement, as amended from time to time, including all appendices attached hereto.
“Effective Date” means the date this Agreement is accepted by you on behalf of you or the Customer in accordance with the preamble.
“Initial Term” means the period of free use set out in the quotation of the Service.
“Service” means the automatic uploading, storing and sharing between Administrators and Users of data as made available by applicable app(s) and in accordance with the terms Agreement.
“User” means a person provided with access to the Account and the Service by an Administrator.
