These terms of service (these “Terms”) apply to and govern your use of the mobile application Easy-Laser XT Alignment (the “App”), including any services provided, through or in connection with the App, by Easy-Laser AB, a Swedish limited liability company registered under number 556474-3705 (the “Company”).
1. GENERAL
1.1. By downloading or using the App, you confirm that you have read, understood and agree to be bound by these Terms. If you accept these Terms on behalf of a company or other legal entity, or you represent that you have authority to bind such legal entity, the term “you” and/or “your” will refer to such entity (or if such entity is acting as an authorized third party, then the terms “you” and “your” will refer to such entity, the authorizing part(ies) or both, as applicable).
1.2. When downloading the App, you will free of charge receive a non-exclusive, non-transferable and revocable license to use the App in accordance with these Terms. Any use of the App other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will automatically terminate the license granted herein.
1.3. The Company reserves the right to, at any time, update, change, modify or withdraw the App without incurring any liability whatsoever.
2. REPRESENTATION AND WARRANTIES
2.1. The App is provided, to the extent allowed under law, “as is” and “as available” without any representations or warranties of any kind, expressed or implied, including but not limited to merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement. The Company does not warrant that the App will (i) meet your requirements or expectations; (ii) be available on an uninterrupted, secure or error-free basis; or (iii) not cause any latency or processing delays. The Company does not warrant the accuracy, timeliness, reliability, truthfulness, or completeness of any information obtained through the App. No information, whether oral or written, will create any warranty or representation not expressly made herein.
2.2. Your use of the App is at your own risk and account. By using the App, to the extent allowed under law, you waive all rights to claim damages as result of your use of the App or the Company’s failure to provide the App in a satisfying manner.
2.3. The foregoing exclusions and disclaimers are an essential part of these Terms and formed a basis enabling the Company to offer the App to you. The laws of certain jurisdictions do not allow exclusion or limitation of certain warranties and/or damages. If those laws apply to you, some or all of the above disclaimers may not apply to you in full and you may have additional rights.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. Any information, software, data or other materials developed or provided by the Company or its licensors used by the Company to provide the App, including all intellectual property rights (such as but not limited to copyright, trademarks, trade names or trade dress) therein, shall remain the sole and exclusive property of the Company or its licensors.
3.2. Unless explicitly allowed to do so by prior written permission by the Company, you agree not to sell, license, rent, sublicense, modify, distribute, copy, reproduce, transmit, publicly display or perform, publish, adapt, edit, disassemble, decompile or create derivative works of the App.
3.3. The App may contain content provided by a third party. Such content may be protected by copyright, trademark or another right covered by law. You agree to abide by and maintain all copyright and other legal notices, information, and restrictions contained in any such content accessed through the App.
4. THIRD PARTY SERVICES
4.1. The App may from time to time use and integrate with third party services or websites. You agree that the Company does not have any control over, or assume any responsibility for, such third party services or websites with regard to, for example, their functionality, handling of data or any contractual relations between you and such third party.
4.2. Third party services or websites might discontinue integration, or not support the use of the App in connection with their services or products and/or might charge additional fees for the use of the functions accessed through the App. You agree that you are fully responsible for such fees and that the Company does not assume any responsibilities or liabilities in relation to such third party services or websites or regarding the App’s possibility to integrate with such third party services or websites.
4.3. You understand and acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the downloaded App on your mobile device. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the mobile application and you accept responsibility for any such charges.
5. CHANGES AND TERMINATION
5.1. The Company may, from time to time, update these Terms. Changes shall become effective upon your acceptance of the updated Terms.
5.2. These Terms apply until terminated. You may at any time terminate these Terms by deleting the App from your mobile device.
5.3. The Company reserves the right to, without prior notice and with immediate effect, at any time and without any reason, modify, limit, suspend or terminate your use of the App and/or these Terms.
5.4. Any license granted to you will immediately cease upon termination.
5.5. Notwithstanding anything in the above, Sections 3, 6 and 7 of these Terms will survive termination.
6. LIMITATION OF LIABILITY
6.1. The Company is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the App.
6.2. You agree that the Company and its affiliates will not be liable to you or any third party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we and our third party application providers have been advised of the possibility of such damages), resulting from (i) the use or inability to use the App; (ii) the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the App; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of anyone in connection with the use of App; or (v) any other matter relating to the App.
7. INDEMNIFICATION
7.1. You agree to defend, indemnify, and hold the Company and its affiliates, assignees, officers, employees and agents harmless from all liabilities, claims and expenses, including but not limited to, legal costs and attorneys’ fees, that are caused or can be related to your use or misuse of the App, violation of these Terms, your gross negligence or infringement of any intellectual property or other right of any person or entity by you.
8. SEVERABILITY
8.1. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be limited, modified or severed to the minimum extent necessary to eliminate its invalidity or unenforceability in order for these Terms to otherwise remain in full force, effect and enforceability.
9. GOVERNING LAW, DISPUTES
9.1. These Terms shall be construed in accordance with and governed by the substantive law of Sweden, excluding the applicability of the International Sale of Goods Act and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
9.2. Any dispute, controversy or claim arising out of or in connection with your use of the App or with these Terms, or the breach, termination or invalidity thereof, shall be settled by public Swedish courts, with Göteborg District Court as first instance.
